jWilWii. 


^.^^^ 


i 

m 

'. 

THE  CHARTER 


OF  THE 


City  of  Wilmington 


Acts  of  the  General  Assembly 

Relating  to  the  City 

AND 

Ordinances,  Resolutions,  Rules 
and  Regulations 

of  the  Departments  of  the  City  Government 
IN  FORCE  JANUARY  ist,  iqio 

ALSO 

The    Original    Borough    Charter 

(Annotated) 


PUBLISHED  BY  ORDER  OF  THE  COUNCIL 


WILMINGTON,   DEL. 
THE  STAR  PRINTING  CO. 

1911 


PREFACE 


This  volume  as  revised  and  annotated,  was  prepared  by 
the  direction  of  The  Council  of  Wilmington,  pursuant  to  the 
provisions  of  certain  resolutions  adopted  by  that  body. 

The  subject  matter  of  the  volume  has  been  arranged  in 
seven  parts  for  convenience  of  reference. 

The  first  part  contains  the  original  Borough  Charter  of 
the  city. 

The  second  part  contains  the  Charter  of  the  city  as 
amended  by  Acts  of  the  General  Assembly,  subsequently 
passed.  ^Matter  enclosed  in  brackets  is  new  matter  introduced 
into  the  charter  since  1883,  and  only  such  Acts  as  are  ex- 
pressly declared  to  be  amendments  to  the  charter,  or  to  prior 
amendatory  Acts,  are  introduced  into  the  text  of  the  charter. 

The  third  part  contains  all  other  Acts  of  the  General  As- 
sembly, of  a  public  character,  now  in  force  relating  to  the  city. 

This  part  consists  of  eighteen  chapters,  beginning  with 
Acts  supplementary  to  the  charter,  and  each  chapter  has  a 
paged  syllabus  showing  the  contents  of  the  chapter. 

The  fourth  part  contains  the  ordinances  passed  by  The 

Council,  and  includes  all  general  public  ordinances  in  force  on 

January  1st,  1910.    (All  ordinances  and  resolutions  establish- 

\^  ing  or  altering  the  grades  of  streets,  the  line  Qr  grade  of  curbs 

or  corners,  the  width  of  footwaj's  and  streets,  the  laying  out, 

^     and  the  fixing  and  establishing  the  location,  of  streets  and  the 

V^  extension  of  footways,  sidewalks  and  streets  (except  in  certain 

.       instances  of  old  streets)  ;  ordinances  granting  permission  in 

^    specific  cases  to  construct  railroad  tracks  and  sidings  on  and 

r^  across  streets,  to  lay  tracks  for  street  railways,  and  to  erect 

poles  for  telegraph,  telephone,  electric  light  and  troUej'  wires, 

and  all  other  ordinances  relating  to  private  rights  have  been 


^ 


IV  PREFACE 

omitted,  pursuant  to  the  direction  contained  in  a  resolution  of 
The  Council  passed  for  that  purpose.)  This  part  consists  of 
nineteen  chapters,  and  each  chapter  has  a  paged  syllabus  show- 
ing the  contents  of  the  chapter. 

The  fifth  part  contains  all  general  rules,  regulations  and 
resolutions  adopted  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  since  the  creation  of  the  board  in  1887, 
and  in  force  on  January  1st,  1910.  excepting  resolutions 
amending  ordinances,  which  have  been  incorporated  in  the  or- 
dinance amended.  The  same  class  of  enactments  has  been 
omitted  from  this  part  as  was  omitted  from  the  fourth  part. 

The  sixth  part  contains  all  the  general  rules  and  regula- 
tions adopted  by  the  Board  of  Water  Commissioners  from  the 
time  of  the  creation  of  the  board  in  1885  to  January  1st, 
1910. 

The  seventh  part  contains  all  the  rules  and  regulations 
adopted  by  the  Board  of  Park  Commissioners  since  the  cre- 
ation of  the  board  in  1885  to  January  1st,  1910. 

The  subject  matter  of  the  fifth  and  sixth  parts  would  not 
admit  of  a  sub-division  into  chapters,  and  the  contents  of  those 
parts  have  been  indicated  by  a  paged  syllabus  at  the  head  of 
each  part. 

Stars  in  the  line  of  the  text  indicate  omissions  from  the 
statute,  ordinance,  rule,  resolution  or  regulation  of  parts  re- 
pealed or  superseded,  or  matter  omitted  by  the  direction  of 
The  Council.    All  amendments  are  enclosed  in  brackets. 

The  annotations  include  all  the  decisions  contained  in  the 
Law  and  Chancery  reports  of  the  State  of  Delaware  relating" 
to  the  City  of  Wilmington  or  any  of  its  departments,  and  a 
number  of  unreported  decisions  of  which  the  author  has  per- 
sonal knowledge. 

A  table  of  dases  is  printed  herein. 

The  annotations  are  the  work  of  Kobert  G.  Harman,  Esq. 

William  H.  Heald, 
Robert  G.  Harman. 

Wilmington,  Delaware,  IMarch  4,  1911. 


TABLE  OF  CONTENTS. 


PART  I. 

Page 
ORIGINAL   CHARTER   OF  THE    BOROUGH    OF   WILMINGTON 5 


PART  II. 
CHARTER  OF  THE  CITY  OF  WILMINGTON 17 


PART  III. 

ACTS  OF  THE  GENERAL  ASSEMBLY  RELATING  TO  THE  CITY  OF 
WILMINGTON. 


CHAPTER  I. 

Acts  Supplementary  to  Charter 149 

CHAPTER  II. 

Acts  Relating  to  City  Officers 157 

CHAPTER  III. 

Acts  Relating  to  Public  Parks *.  . .  .168 


VIII  . .  TABLE  OF  CONTENTS 

CHAPTER  lY. 

Page 

Act  Relating  to  Water  Department 11^ 

CHAPTER  V. 

Act  Relating  to  the  Harbor  of  Wilmington 185 

CHAPTER  VI. 

Act  Relating  to  the  Police  Department 205 

CHAPTER  YU. 

Act  in  Relation  to  the  Street  and  Sewer  Department. 224 

CHAPTER  VIII. 

Acts  in  Relation  to  Sewers  and  Drainage 238 

CHAPTER  IX. 

Acts  in  Relation  to  Streets  and  Roads 249 

CHAPTER  X. 

Acts  in  Relation  to  Registration  of  Voters 272 

CHAPTER  XI. 

Acts  in  Relation  to  Elections 239 


TABLE  OF  CONTENTS  IX 

CHAPTER  XII. 

Page 

Acts  in  Relation  to  Public  Schools 419 

\ 
CHAPTER  XIII. 
Acts  in  Relation  to  the  Sinking  Fund  and  City  Debt.  .454 

CHAPTER  XIV. 

Acts  in  Relation  to  Exemptions  from  Taxation 485 

CHAPTER  XV. 

Acts  in  Relation  to  City  Railway's 493 

CHAPTER  XVI. 
Acts  in  Relation  to  Bridges 510 

CHAPTER  XVII. 

Acts  in  Relation  to  Sales  of  Real  Estate 513 

CHAPTER  XVIII. 

*       Miscellaneous  Acts  518 


X  TABLE  OP  CONTENTS 

PART  IV. 

ORDINANCES    OF   THE    CITY    OF   WILMINGTON. 


CHAPTER  I. 

Page 

Ordinances  Relating  to  City  Officers 565 


CHAPTER  II. 

Ordinances  Relating  to  the  Standing  Committees  of 
Council 610 


CHAPTER  III. 

Ordinances  Relating  to  the  Department  op  Engineer- 
ing AND  Surveying 617 


CHAPTER  IV. 

Ordinances  Relating  to  the  Fire  Department 625 

CHAPTER  V. 

Ordinances  Relating  to  the  Police  Department 648 

CHAPTER  VI. 
Ordinances  Relating  to  the  City  Debt 649      ' 


TABLE  OF  CONTENTS  XI 

CHAPTEE  VII. 

Page 

Ordinances  Relating  to  Nuisances 742 

CHAPTER  VIII. 

Ordinances  Relating  to  the  Health  of  the  City 770 

CHAPTER  IX. 

Ordinances  Relating  to  Public  Markets 815 

CHAPTER  X. 

Ordinances  Relating  to  Building  Regulations 836 

CHAPTER  XI. 

Ordinances  Relating  to  Footways  and  Sidewalks 905 

CHAPTER  XII. 
•Ordinances  Relating  to  Sewers,  Drains  and  Runs 908 

CHAPTER  XIII. 

Ordinances  Relating  to  Navigation 915 

CHAPTER  XIV. 
Ordinances  Relating  to  Wharves 919 


XII  TABLE  OF  CONTENTS 

CHAPTER  XV. 

Page 

Ordinances  Relating  to  Railroads 922 


CHAPTER  XVI. 

Ordinances  Relating  to  Sales  and  Leases  of  Real  Es- 
tate   924 


CHAPTER  XVII. 

Ordinances  Relating  to  Taxation 929 

CHAPTER  XVIII. 

Ordinances  Relating  to  Streets 932 

CHAPTER  XIX. 

Miscellaneous  Ordinances 952 


PART  V. 


RESOLUTIONS  OF  THE    BOARD   OF    DIRECTORS   OF  THE   STREET 

AND    SEWER    DEPARTMENT     993 


PART  VI. 


RULES    AND    REGULATIONS    OF    THE    BOARD    OF    WATER    COM- 
MISSIONERS     1075 


TABLE  OF  CONTENTS  .  XIII 

PART  VII. 

Page 
rules  and   regulations  of  the   board  of   park   com- 
missioners   1093 

Appendix 1097 

Index  


REVISED,  1910,  by 

WILLIAM   H.  HEALD 
ROBERT  G.  HARMAN 


ANNOTATED  by 
ROBERT  G.  HARMAN 


TABLE  OF  CASES  CITED 


Referred  to  in  this 
volume  on  pages 

Anderson  v.  Wilmington,  2  Penn.  28 92, 126,  742,  1022 

Anderson  v.  Wilmington,  G  Penn.  485 114,  12G 

Anderson  &   Son  v.   Wilmington,   8  Houst.  51() 75,  92.  12.'),  12(5,  1;U,  245, 1004, 

1040.  1  ().')!,  1052 

Attorney  General,  &e.  v.  Wilmington  et  al.,  4  Del.  Ch.  575 80,  170 

B 

Bailey  v.  P.,  W.  &  B.  Pv.  R.  Co.,  4  Har.  389 189,  512 

Barclay  v.  Hartman,  2  Marv.  351 970 

Benson  v.  Wilmington,  9  Houst.  359 115, 126,  145,  2.50,  621 

Betts  V.  Dick,  1  Penn.  268 101 

Biggs,  Clerk,  &c.  v.  Buckingham,  et  al.,  6  Del.  Cli.  267 89 

Bradford  v.  Mote,  Coll'r.,  &c.,  et  al.,  2  Marv.  159 489 

Brown  v.  Wil.  C.  Ry.  Co.,  1  Penn.  332 1028 

Bullock's  Admr.,  p.  b.,  v.  W.  C.  Ry.  Co..  d.  h.,  5  Penn.  209.  . 58,  68,  175,  205,  207, 

208, 209,  225,  229,  230,  1025 
Burton  v.  P.,  W.  &  B.  R.  R.  Co.,  4  Har.  252 754 

c 

Carswell,  Admr.,  &c.,  v.  Wilmingion.  2  Marv.  360 126,  627,  749, 1024 

Cecchi  v.  Lindsay,  et  al.,  1  Boyce,  185 556 

Clark  v.  Wilmington,  5  Har.  243 115.  126,  130,  225,  250,  621.  622 

Clawson  v.  Primrose,  4  Del.  Ch.  643 134 

Colbourn  v.  Wilmington,  4  Penn.  443 126 

Cook  v.  Wil.  C.  E.  Co.,  9  Houst.  306 126 

Cooper  V.  Del.  C.  E.  Ry.  Co.,  et  al.,  8  Del.  Ch.  462 497,  503 

aix  V.  Wil.  C.  Ry.  Co.,  4  Penn  162 1028 

Coyle  V.  Mclntire,  7  Houst.  44 19,  28,  30,  53,  70, 133,  146.  174,  175,  176.  179.  513, 

514, 924 

Cummins  v.  Spruance,  et  al.,  4  Har.  315 200 

Curry  v.  Jones,  et  al.,  4  Del.  Ch.  559 93.  114 


Xviii  TABLE   OP   CASES   CITED. 

r) 

Referred  to  in  this 
volume  on  pages 

Di  Pi-iaco,  Admr.,  v.  W.  C.  Ry.  Co.,  4  Peiiu.  527 102S 

Dodd,  et  al.,  v.  Hart,  Overseer  of  Roads,  8  Del.  Cli.  448 114 

Dover  v.  Tawressey,  2  Marv.  285 30,  45 

Downs  V.  Smyrna,  2  Penn.  132 120,  Ufi 

E 

Elliott,  et  al.,  v.  Newark,  8  Del.  Ch.  64 54,  55 

Emory  &  Co.,  v.  Laurel,  3  Penn.  67 29,  180 

English  V.  Wilmington,  2  Marv.  63 92, 104,  114,  118,  151,  193,  238,  239,  241,  955 

Equitable  G.  &  T.  Co.,  v.  Donahoe,  8  Del.  Ch.  422 243 

Equitable  G.  &  T.  Co.,  v.  Donahoe,  Coll'r,  &c.,  3  Penn.  191 91, 100 

F 

Farley,  et  al.,  v.  Wil.  &  N.  C.  E.  Ry.  Co.,  3  Penn.  581 1028 

Farmers  Bank  v.  Ball,  State  Treasr.,  2  Penn.  374 29 

Flanagan's  Admr.,  v.  Wilmington,  4  Houst.  548 126,  145,  749 

Fleith  V.  Cunningham,   unreported 125.  126,  1007 

Fletcher  v.  Wilmington,  unreported 48,  50 

Fooks  v.  Hearn,  5  Harr.  363 584 

Forbes,  d.  b.  a.,  v.  Wilmington,  p.  b.  r.,  1  Marv.  186 778 

Forbes,  et  al.,  p.  b.,  v.  State,  d.  b.,  2  Penn.  197 38,  41,  46 

Ford  V.  Warner  Co.,  1  Marv.  88 744.  757,  762, 1029 

Ford  V.  Whitenum,  2  Penn.  355 749,  1022 

Forman  v.  Ford,  et  al.,  6  Del.  Ch.  47 184,  981 

Foster  v.  Wilmington,  8  Houst.  415 210,  975 

Frieszleben  v.  Shallcross,  et  al.,  9  Houst.  1 9.  88,  92.  93,  94,  328,  381 

Fulton  v.  Dover,  6  Del.  Cli.  1 :  8  Houst.  78 21,  114,  118,  252 

a 

Gardner,  d.  b.  a.,  v.  Nolen,  p.  b.  r.,  3  Har.  420 393 

Gardner  v.  Grubb,  4  Houst.  448 '. 394 

Garrett  v.  Peoples  Ry.  Co.,  6  Penn.  29 558,  560 

Giles  V.  Diamond  S.  Iron  Co.,  7  Houst.  453 58, 145,  856 

Godwin,  d.  b.  a.,  v.  State,  p.  b.  r.,  1  Boyce  173 358 

Goldstein,  Acbnr..  v.  Peoples  Ry.  Co.,  5  Penn.  :50(i 923 

Gray,  Atty.  Gen'l.,  ex  rel..  Thomas  v.  Baynanl,  5  Del.  CIk  499 58,59,  192,701. 

841,859,1014 

Gray  v.  State,  2  Har.  70 7.  11.  38,  41,  44,  46 

Gray,  d.  b.  a.,  v.  Wilmington,  p.  b.  r..  2  Marv.  257 58,59,535,810 

Green  v.  Newark,  5  Penn.  316 126 

Griffith,  et  al.,  v.  Johnson,  Admr..  1  Har.  136 90 

Grimshaw  v.  Wilmington,  et  al..  5  Del.  Ch.  183 63 


TABLE   OF   CA«ES   CITED.  xix 

H 

Referred  to  in  this 
volume  on  pages 

Haiinigaii   v.  Wright,   5  Peiiii.   537 558 

Harlan  &  Holling'swortli  Co..  v.  raschall,  5  Del.  Cii.  435 184,185,180,187, 

189, 190,  192,  197 

Harrigan  v.  Wilmington,  8  Hoiist.   140 30,  120,  225,  220,  231,  239,  019 

Hartnian,  d.  h..  v.  Wilmington,  p.  b.,  1  Marv.  215 138,141,142,774,780,784,778 

Hastings  v.  Henry,  1  Marv.  287 309 

Hawkins  v.  Dougherty,  CoU'r..  9  Houst.    150 93 

Hawkins,  d.  b.  a.,  v.  Mendeiihall,  j).  b.  r.,  3  Houst.  210 134 

Herbert,  State  Treas'r..  &c..  v.  B.  &  P.  R.  R.  Co.,  8  Houst.  120 85 

Hession  v.   Wilmington.   1  ]\larv.   122 120,  220,  231,  239 

Higgins.  p.  b..  v.  Wilmington,  d.  b.,  3  Penn.  350 120 

Higgins   v.  W.  C.  Ry.  Co.,   1   Marv.  352 740,  102S 

Hitchens  v.  School  Dist.,  Sussex  Co.,  5  Penn.  325 421 

Homewood,  d.  b.  a.,  v.  Wilmington,  p.  h.  r.,  5  Houst.  123 152 

Huey  v.  Richardson,  2  Har.  200 32,  30,  225,  231,  239.  019.  020 

Hulley  v.  S.  T.  &  S.  D.  Co.,  et  al..  5  Del.  Cli.  578 134 

Hunter  v.  Lank.  1  liar.  10 20 

Husbands,  Coll'r.,  p.  b.  a.,  v.  Talley,  d.  b.  r..  3  Penn.  88 323,  448 

I 

In  Re  Petition  of  Alston,  et  al.,  1  Penn.  359 130,  225 

In  Re  Petition  of  Front  and  Union  St.  Ry.  Co.,  1  Penn.  370 499,  503,  507 

In  Re  Receivership  Jjord  &  Polk  Chem.  Co..  7  Del.  Ch.  248 90.  99 

In  Re  Lee,  et  al..  Petition,  4  Penn.  .>7() Ill 

In  Re  Phillips  Petition,  5  Penn.  133   47 

J 

Jarrell  v.  Wilmington,  4  Penn.  454 12(),  7(il,  822 

Jessup  &  Moore  Paper  Co.,  v.  Ford,  et  al.,  0  Del.  Ch.  52 184.  981 

Johnson  v.  Stayton,  5  Har.  448 252 

Johnson,  d.  b.  a.,  v.  State,  p.  b.  r.,  2  ^larv.  372 141.  772 

Jones  V.  Belt,  8  Houst.  502 58,  740 

K 

Keller   v.    Taylor,   2   Houst.    20 47, 50 

Kent   V.  Wilmington,   7   Houst.   397 120,  177.  944,  950,  1004 

Keogh  V.  Wilmington,  4  Del.  Ch.  491 234,  438,  014,  979 

Knight,  et  al.,  d.  b.,  v.  Ferris,  p.  b.,  0  Houst.  283 302,  408,  412 

Knopf  V.  P..  W.  &  B.  R.  R.  Co.,  2  Penn.  392 ' r^H.  754,  750 

Knowles  v.  Morris,  0  Penn.  70 88.  97.  101,  107 

Kyne  v.  W.  &  X.  R.  R.  Co.,  8  Houst.  185 750 


Law  and  Order  Soe'y  v.  Wilmington,  4  Penn.  300 144,  53(i,  759 

Laws,  d.  b.,  v.  Jones,  p.  b.,  2  Har.  345 100 


XX  TABLE  OF   CxVSES  CITED. 

RefeiTed  to  in  this 
volume  on  pages 

Lawson  v.  Buzines,  3  Har.  416 212,  213 

Lee  V.  Wilmington,  1  Marv.,  G5 29,  69, 108, 158,  793 

Licznerski  v.  W.  C.  Ry.  Co.,  5  Penn.  201 754 

Liebig  Mfg.  Co.,  v.  Wil.  Board  of  Health,  S  Del.  Ch.  2G 138,  140, 141,  142,773 

Lofland  v.  Oi-ten,  et  al.,  4  Houst.  622 j 225 

Lord  &  Polk  Ohem.  Co.,  7  Del.  Ch.  248 ' 96,  99 

Louth,  et  al.,  v.  Thompson,  1  Penn.  149 126, 938,  939 

Lurtz  V.  Registration  Board,  Kent  Co.,  1  Marv.  450 309 

MacFeat's  Admr.,  v.  P.,  W.  &  B.  R.  R.  Co.,  5  Penn.  52 58, 145,  754 

Magarity  v.  Wilmington,  5  Houst.  530 126,  226,  231,  239 

Marshall  v.  Cleaver,  4  Penn.  450 213 

Martin  v.  B.  &  P.  R.  R.  Co.,  2  Marv.  123 755 

Maxwell,  Admr.,  v.  ^V.  C.  Ry.  Co.,  1  Marv.  199 754, 1028 

Mayor  and  Council  of  Wilmington  (See  Wilmington) 

McAllister  v.  Peoples  Ry.  Co.,  4  Penn.  272.  .• 126 

McCaffrey  v.  Thomas,  4  Penn.  437 58, 145,  213 

McCormick  v.  Fisher,  Mayor,  &c.,  5  Penn.  273 33, 140, 180,  797 

McCoy,  et  al.,  d.  b.,  v.  State,  ex  rel.,  Alice,  et  al.,  p.  b.,  2  Marv.  .543 412 

McCoy  V.  P.,  W.  &  B.  R.  R.  Co.,  5  Houst.  599 126,  756,  757 

Mealey  v.  Buckingham,  et  al.,  6  Del.  Ch.  356 102 

Monaghan  v.  Lewis,  Rcer.  of  Taxes,  4  Penn.  .■]64;    (5  Penn.  218) 25,84,100, 

488, 490 

Moore,  et  al.,  v.  Wliitaker,  2  Ifnr.  50 34 

Morris,  et  al.,  v.  Pilot  Com'rs,  et  al.,  7   \M.  Cli.  13() 81,  151, 1.55, 162, 166,  173, 

420, 447, 542,  917,  961, 1022,  1036 

Morrow,  d.  b.  a.,  v.  State,  p.  b.  r.,  2  Marv.  4 155 

Murphy  v.  Countiss,  1  Har.  143 213 

MiuT)hey,  et  al.,  v.  Wilmington,  5  Del.  Ch.  281;    (6   Ilouat.  lOS) 88,93,100, 

107, 114, 118,  126,  137,  193,  229,  241,  242,  243,  246,  909 

Neal's  Admr.,  v.  Wil.  &  N.  C.  E.  Ry.  Co.,  3  Penn.  467 126 

Neary,  Coll'r,  &c.,  v.  P.,  W.  &  B.  R.  R.  Co.,  7  Houst.  419 84,  100,  243 

Nevin  v.  Disharoon,  6  Penn.  278 20 

N.  C.  &  D.  C.  Ry.  Co.,  v.  Del.  R.  R.  Co.,  8  Del.  Ch.  419 495,  506 

Nivin,  use  of  Cling,  v.  Stevens,  5  Har.  272 20, 134, 135,  618,  622 

o 

O'Daniel  v.  Bakers'  Union,  4  Houst.  488 134 

Ogle  V.  P.,  W.  &  B.  R.  R.  Co.,  3  Houst.  267,  &c 252 

Oxy-Hydrogen  Co.,  v.  Simmons,  et  al.,  3  Penn.  291 .'255 


TABLE  OF  CASES  CITED.  XXI 

Referred  to  in  this 
volume  on  pages 

Petit  V.  Ct)linery,  4  Penu.  2GG 213,  214,  215 

Petition  of  Alston,  et  al.,  1  Penn.  359 130,  225 

Petition  of  Front  &  Union  St.  Ry.  Co.,  1  Pcnii.  370 499,  503,  507 

Petition  of  Lee,  et  al.,  4  Penn.  576 Ill 

Petition  of  Phillips,  5  Penn.  133 47 

P.,  W.  &  B.  R.  R.  Co.,  d.  b.  a.,  v.  Bowers,  p.  b.  r.,  4  Houst.  506 498 

P.,  W.  &  B.  R.  R.  Co.,  V.  Neary,  Coll'r,  &c.,  5  Del.  Cli.  600 84, 100,  243 

P.,  W.  &  B.  R.  R.  Co.  V.  Wil.  6.  Ry.  Co.,  8  Del.  Cb.  134 495,  500 

Pickering  v.  Day,  et  al.,  2  Del.  Ch.  333 35,  94,  95, 100, 109,  593,  827,  837 

Pierce  v.  Lemon,  2  Houst.  519 134 

Pierce  v.  Wilmington,  2  Marv.  300 120 

Poole  V.  Greer,  0  Penn.  220 252 

Porter  v.  Sawyer,  1  Har.  517 393,  394 

Pratesi,  d.  b.  a.,  v.  Wilmington,  p.  b.  r.,  4  Penn.  258 50 

Price  V.  Warner  Co.,  1  Penn.  462 50,  1028 

Public  Road,  5  Har.  242 114 


Q 


Quilleu  V.  Betts,  1   Penn.  53 20.  135 

Quinby  &  Co.,  v.  Wilmington,  et  al.,  5  Houst.  20 29,  180 

Rash  V.  Allen,  unrc^ported   32,  54,  55 

Reed  v.  Queen  Anne's  R.  R.  Co.,  4  Penn.  413 754 

Rettew,  Recr.  of  Taxes,  v.  St.  Patrick's  R.  C.  ('luucli,  4  Penn.  593 487 

Reynolds,  Jr.,  v.  Naudain,  2  Har.  317 745,  740 

Rhoads  v.  Given,  5  Houst.  183 97,  99 

Rice  V.  Foster,  4  Har.  479 .46,  55,  57,  417,  418 

Road  Case,  5  Har.  242 • 114 

Road  Commissioners,  2  Penn.  400  83 

Robinson  v.  Wilmington,  8  Houst.  409 114, 125, 126 

Robinson  v.  Simi^son,  8  Houst.  398 58,  746,  748 

Ross  V.  Allmond,  unreported    32,  54,  55 

Rossell,  d.  b.  a.,  v.  Bartram,  p.  b.  r.,  1  Penn.  242 29 

S 

Sayers,  Assessor,  &c.,  v.  W.  &  N.  R.  R.  Co.,  3  Penn.  249 490,  524 

Schelich  v.  Wilmington,  1  Boyce  57 126, 177,  944, 1004 

Seward,  et  al.,  v.  Wilmington,  2  Marv.  189,  375 124, 126,  742 

Shockley,  et  al.,  d.  b.  a.,  v.  Shepherd,  p.  b.  r.,  9  Houst.  270 745 

Simeone  v.  Lindsay,  6  Penn.  224 558 

Smith  v.  Riding,  9  Houst.  235 83 

Smith  V.  School  District,  Sussex  Co.,  1  Penn.  401 421 

Smyrna,  &c..  Steamboat  Co.,  v.  Whilldin,  4  Har.  228 200,  746 

Snyder  v.  Peoples  Ry.  Co.,  4  Penn.  145 1028 


XXll 


TABLE  OF  CASES  CITED. 


Referred  to  in  this 
volume  on  pages 

Sparks,  et  al.,  v.  Farmers  Bank.  3  Del.  Ch.  274 158 

State  V.  Allmond,  2  Houst.  612   417 

State  V.  Anderson,  1  Marv.  520   44, 297,  320,  420 

State  V.  Bell,  5  Penn.  192   289,  320 

State  V.  Brand,  2   Marv.  459 272,  289,  295,  297,  321,  347,  362 

State  V.  Brown,  5  Har.  505   214 

State  V.  Buckley,  5  Har.  508   ; ' .  .  750 

State  V.  Burehinal,  4  Har.  572 750,  703 

State  V.  Butler,  2  Penn.  127   975 

State  V.  Caldwell,  1  Marv.  555   '.....  292,  320 

State  V.  Christie.  2  Marv.  443    42 

State  V.  Churchman,  3  Penn.   107  ;   301 32,  37,  38,'41,  02,  227 

St£ite  V.  Clark,  2  Marv.  456   295,  297,  302 

State  V.  Clarke,  3  Har.  557   305,  405 

State  V.  Collins,  1  Penn.  420  306 

State  V.  Conway,  2  Marv.  453   295 

State  V.  Crocker,  1  Houst.  Cr.  Cas.  434 214 

State  V.  Day,  5  Penn.  101    ." 42 

State  V.  Dennis,  2  Marv.  433    213 

State  V.  Fountain,  et  al.,  6  Penn.  .520   418 

State  V.  Frest,  4  Har.  558 31,  294.  305,  356,  405 

State  V.  Greenwood,  2  Penn.  379 43,  46 

State  V.  Harker.  4  Har.  559   293,  358 

State  V.  Hegeman,  2  Penn.  147  58 

State  V.  Kumpel,  Jr.,  2  Marv.  464   152 

State  V.  Lafferty.  5  Har.  491    231.  214,  750,  759.  703 

State  V.  Lally,  2  Marv.  424  287,  292,  320 

State  V.  Levy  Court  X.  C.  Co..  1  Peini.  597 60,  526.  986 

State  V.  Lewis,  4  Penn.  332   745 

State  V.  List,  1  Houst.  Cr.  Cas.  133 214,  215 

State  V.  Luce,  et  al.,  9  Houst.  396 58,  140,  141.  766,  773,  774,  775.  790 

State  V.  Lynch,  2  Har.  88  42 

State  V.  Lynn,  3  Penn.  316   82 

State  V.  Mahon,  3  Har.  568   , 212,  213 

State  V.  Matlack,  5  Penn.  401    32,  276,  295,  325.346.  352,  361.  381 

State  V.  INI'Donald,  4  Har.  555   294,  305,  356,  405 

State  V.  Moore,  2  Penn.  299   46.  300 

State  V.  Mooris,  1  Har.  326  20 

State  V.  Mundy,  2  Marv.  429   . 300 

State  V.  Mundy,  1  Boyce,  40  42 

State  V.  Oliver,  2  Houst.  585 213,  214 

State  V.  O'Xiel.  1  Houst.  Cr.  Cas.  408 213,  215 

State  V.  Porter,  4  Har.  556  294,  356 

State  V.  Reybold.  Jr.,  5  Har.  484   189.  190,  252 

State  V.  Rollo,  3  Penn.  421    529 

State  V.  Russell,  1  Houst.  Cr.  Cas.  122   213 


TABLE   OF   CASES   CITED.  XXlll 

Referred  to  in  this 
volume  on  pages 

State  V.  Scott,  4  Penn.  538 42 

State  V.  Smith.  9  Houst.  143   103,  (ilS 

State  V.  Soutliard,  (i  Penn.  247    252 

State  V.  Townsend.  5  Har.  487  212,  215 

State  V.  Vincent,  1  :Maiv.  5G0 292,  320 

State  V.  Walter,  2  ]\Iarv.  444  703 

State  V.  Wetherall,  et  al.,  5  Har.  487 58,  140,  773 

State  V.  Wil.  City  Council,  3  Har.  294   8,  31,  32.  38,  54.  G2,  398,  414 

State  V.  Wood,  unreported   150,  153,  154,  819 

State,  ex  rel,,  McVey,  v.  Burris,  4  Penn.  3 30,  70,  1(51 

State,  ex  rel.,  McCormick,  v.  Fisher,  Mayor,  &c.,  5  Penn.  273 33,  140,  180,  797 

State  ex  rel.,  Att'y  Gen'l,  v.  Lewis,  et  al.,  unreported 338 

State,  ex  rel.,  Allee,  et  al.,  v.  McCoy,  et  al.,  2  Marv.  465 .369,  412 

State,  ex  rel.,  McKee,  et  al.,  v.'  New  Castle,  et  al.,  2  Penn.  400 83 

State,  ex  rel.,  Wilmington,  v.  Sayers,  unreported   103,  417,  418,  988 

State,  ex  rel.,  Oxy-Hydrogen  Co.,  v.  S.  &  S.  Dep't.,  3  Penn.  291 255 

State,  ex  rel.,  Wright,  v.  Warren,  1  Houst.  39   362,  408,  412 

State,  ex  rel.,  Conway,  v.  Willis,  et  al.,  unreported 159,  160 

State,  use  of  Tharp,  et  al.,  v.  Emerson,  et  al.,  3  Houst.  85 103 

Sitate  Treasurer  v.  Whitaker,  et  al.,  2  Har.  130 63,  82 

Steamboat  Co.,  v.  Whilldin,  4  Har.  228 200,  746 

Stidham,  Jr.,  v.  Delaware  City,  6  Penn.  359 126 

iStimmel  v.  Brown,  7  Houst.  219 135 

Stoeckle,  et  al.  v,  Levy  Ct.  N.  C.  Co.,  et  al.,  8  Del.  Ch.  150 103 

Street  &  Sewer  Dept.,  v.  Connell,  Clerk,  &e.,  2  Penn.  571 58.  85,  129,  151,2.32, 

744,829,919 
Stroud,  d.  b.  a.,  v.  Smith,  p.  b.  r.,  4  Houst.  448 ._ 30 

T 

Taylor  v.  Trustees  of  Poor,  N.  C.  Co.,  1  Penn.  247 51,  71 

Tilghnian  v.  Ci"uson,  4  Har.  341 100 

Town  of  Dover  v.  Tawressey,  2  Marv.  285 30,  45 

Tully's  Admr.,  v.  P.,  W.  &  B.  R.  R.  Co.,  3  Penn.  455 922 

XT 

V.  S.  Sand  Filtration  v.  Bird,  unreported  34,  ISO 

Weldin,  et  al.,  v.  Wilmington,  3  Penn.  472 80,  133,  174.  175.  177.  179.  182.  225.  456 

Whiteman's  Ex'x,  v.  Wil.  &  S.  R.  R.  Co.,  2  Har.  514 118 

Wiley,  Trustee,  v.  Wilmington,  Ch.  Rec.  V-2-110 114 

Wilkins  v.  Wilmington,  2  Marv.  132 ' 120 

Williamson,  et  al.,  v.  Gordon  Heights  Ry.  Co.,  8  Del.  Vh.  192 1031 

Willis  V.  Ross,  unreported  54,  414 

Wilman  v.  Peoples  Ry.  Co.,  4  Penn.  260 1028 

Wilmington,  et  al..  v.  Addieks,  et  al.,  7  Del.  Ch.  .50:  S  IVl.  Cli.  310 255 


XIV  TABLE  OF   CASES   CITED. 

Wilmington  v.  Davis,  unreported   128, 1014,  1017 

Wilmington,  d.  b.,  v.  Ewing,  et  al.,  p.  b.,  2  Penn.  66 19,28,29,122,123,124, 

125, 126, 127 

Wilmington  v.  Hedges  et  al.,  5  Har.  421 29,  64 

Wilmington  v.  Hertel,  unreported    767 

Wilmington  v.  Jenny,  unreported   1016 

Wilmington  v.  McNabb,  unreported  128, 156, 178,  231,  938, 1014 

Wilmington  v.  Reed,   unreported    : 57, 138, 163 

Wilmington  v.  Vandegrift,   1   Marv.   5 37,  38,  42,  43,  57, 126, 145,  208,  744, 1021 

Wilmington  v.  Wicks,   2   Marv.    297 100,  957,  959 

Wil.  City  Ry.  Co.,  v.  Peoples  Ry.  Co.,  unreported 495 

Wil.  City  Ry.  Co.,  d.  b.,  v.  White,  p.  b.,  6  Penn.  363 756 

Wil.  City  Ry.  Co.,  v.  Wil.  &  B.  S.  Ry.  Co.,  8  Del.  Ch.  408 132,494,495,496, 

498, 1031 
Wilson  V.  Rockland  Mfg.  Co.,  2  Har.  (M ' 745 

z 

Zuchowski,  d.  b.,  v.  State,  p.  b.,  3  Penn.  .339 37,  41,  42,  48 


PART  I. 


ORIGINAL    CHARTER 


OF    THE 


Borough  of  Wilmington. 


Original  Charter 


OF  THE 


Borough  of  Wihnington." 


George  the  Second,  hy  the  grace  of  God,  of  Great  Britain, 
France  and  Ireland,  King,  Defender  of  the  Faith,  and  so 
forth. 

To  ALL  TO  WHOM  THESE  PRESENTS  SHALL  COME  GREETING: 

* 

Whereas,  Our  loving  subjects,  Joseph  Pennock,  William 
Shipley,  Joshua  Way  and  others,  freeholders  and  inhabitants 
of  a  tract  of  land  situated  on  Christiana  river,  in  our  County 
of  New  Castle,  and  within  the  Government  of  our  Counties  of 
New  Castle,  Kent  and  Sussex  on  Delaware,  having  been  at 
great  charge  in  purchasing  of  the  said  laud,  building  of  houses, 


iThis  is  the  orig-inal  Charter  of  the  Borough  of  Wilmington;  and 
though  its  provisions  have,  in  the  main,  been  superseded  by  subsequent 
legislation,  yet,  because  of  its  antiquity,  and  because  rights,  public  and 
private,  of  a  continuing  nature,  have  been  acquired  under  it,  it  has  been 
deemed  proper  to  publish  it.  The  date  of  the  grant  of  the  Borough  Char- 
ter is  Nov.  16th,  1739,  (altered  and  re-established  by  act  of  Jan.  31st.  1809, 
4th  vol;  D.  L.  275-288.  &c.)  The  date  of  the  act  of  the  Legislature  super- 
seding the  Borough  Charter  and  continuing  its  incorporation  as  a  city  is 
Jan.  18,  1832,   (8th  vol.  D.  L.  c.  108,  p.  97.) 


BOROUGH   CHARTER. 

removing  their  families,  and  making  great  improvements 
thereon,  so  that  by  their  industrj"  and  expense,  it  is  at  this 
time  in  a  flourishing  condition : 

And  whereas  the  freeholders  and  inhabitants  aforesaid 
have  humbly  besought  our  trusty  and  well  beloved  Thomas 
Penn,  Esquire,  one  of  the  proprietors  of  the  counties  afore- 
said, and  George  Thomas,  Esquire,  with  our  Royal  approba- 
tion, Lieutenant  Governor  thereof,  under  John  Penn,  the  said 
Thomas  Penn  and  Richard  Penn,  Esquires ;  true  and  absolute 
proprietors  of  the  Province  of  Pennsylvania,  and  counties 
aforesaid,  for  our  letters  patent  under  the  great  seal  of  the 
said  Government,  to  erect  the  said  tract  of  land  into  a  Bor- 
ough, and  to  incorporate  the  freeholders  and  inhabitants  of 
the  same  with  perpetual  succession,  and  to  grant  to  them 
such  immunities  and  privileges  as  might  be  thought  neces- 
sary for  the  well  ordering  and  governing  thereof: 

Therefore,  Know  Ye,  that  We,  favoring  the  petition  and 
good  purposes  of  the  said  freeholders  and  inhabitants,  and 
willing  to  promote  trade,  industry,  rule  and  good  order, 
amongst  all  our  subjects,  of  our  special  Grace,  certain  knowl- 
edge, and  mere  motion,  have  erected,  and  by  these  presents 
do  erect  the  said  tract  of  land  into  a  Borough,  forever  here- 
after, to  be  called  by  the  name  of  Wilmington,  which  said 
Borough  shall  extend,  be  limited  and  bounded,  in  the  manner 
it  is  now  laid  out,  pursuant  to  the  plan  thereof  hereunto  an- 
nexed. 

And  we  do  further  grant  and  ordain,  that  the  streets  of 
the  said  Borough  shall  forever  continue  as  they  are  now  laid 
out  and  regulated,  and  that  the  end  of  each  street  extending 
into  the  River  Christiana,  and  such  other  places  on  the  said 
River,  or  elscAvhere  within  the  limits  aforesaid,  as  shall  here- 
after be  thought  fit,  shall  be  and  continue  free  for  the  use 
and  service  of  the  said  Borough,  and  the  inhabitants  thereof, 
who  may  improve  the  same  for  the  best  advantage  of  the  said 
Borough,  and  build  wharves  so  far  out  into  the  said  River  as 
the  Burgesses  and  assistants  hereinafter  mentioned  shall 
from  time  to  time  see  meet,  the  ends  of  which  streets  and 


BOROUGH   CHARTER. 

wharves  aforesaid,  shall  be  and  remain  for  the  use  of  the 
said  Borough  forever  for  lading  and  unlading  of  goods, 
wares  and  merchandise,  out  of  ships,  boats  or  other  vessels 
whatsoever. 

And  we  do  nominate  and  appoint  AVilliam  Shipley  and 
Thomas  West  to  be  the  present  Burgesses,  and  Timothy  Stid- 
ham.  Joseph  Hewes,  Joshua  Way,  Joseph  Way,  George 
Howell  and  David  Ferris,  assistants,  for  advising,  aiding  and 
assisting  the  said  Burgesses  in  the  execution  of  the  powers 
and  authorities  herein  given  them,  and  Enoch  Lewis  to  be 
High  Constable,  and  Goldsmith  Edward  Folwell  to  be  Town 
Clerk,  until  the  eighth  day  of  September  next  ensuing,  and 
from  thence  until  others  shall  be  duly  elected  («)  or  appointed 
in  their  places,  as  is  hereinafter  directed  and  no  longer. 

(«)   Earrington,    Justice:      "The    corporation    of    Wilmington    en- 
joyed   by    patent,    dated    in    1739,    the 

right  to  elect  two  burgesses  and  six  assistants,  with  a  high  constable  and 

town  clerk,"  &c 

Gray  vs.  The  State  of  Delaware,  2  Har.  76  at  93.   (yr.  1836) 
(See  page  8,  paragraph  8,  as  to  one's  right  to  vote.) 

And  we  do  by  these  presents,  for  us,  our  heirs  and  suc- 
cessors, further  give,  grant  and  declare,  that  the  said  Bur- 
gesses, freeholders,  and  inhabitants,  within  the  Borough 
aforesaid,  and  their  successors,  forever  hereafter,  shall  be 
one  body  politic  and  corporate,  in  deed  and  in  name,  and 
them  by  the  name  of  the  Burgesses  and  inhabitants,  of  the 
Borough  of  Wilmington,  in  the  County  of  New  Castle,  on 
Delaware,  one  body  politic  and  corporate,  in  deed  and  in 
name. 

We  do  for  us,  our  heirs  and  successors,  fully  create,  con- 
stitute and  confirm  by  these  presents,  and  by  the  same  name 
of  the  Burgesses  and  inhabitants  of  this  Borough  of  Wil- 
mington, that  they  may  have  perpetual  succession,  and  that 
they,  and  their  successors,  by  the  name  of  the  Burgesses  and 
inhabitants  of  Wilmington  be,  and  at  all  times  forever  here- 
after shall  be  persons  able  and  capable,  in  law,  to  have,  get, 
receive  and  possess  lands,  tenements,  rents,  liberties,  juris- 
dictions, franchises  and  hereditaments  to  them  and  their  sue- 


BOROUGH   CHARTER. 

cessors  in  fee  simple,  or  for  term  of  life,  lives,  years  or  other- 
wise, and  also  goods,  chattels  and  other  things,  of  what 
nature  or  kind  soever,  and  also  to  give,  grant,  let,  sell,  and 
assign  the  same  lands,  tenements,  hereditaments,  goods  and 
chattels,  and  to  do  and  execute  all  other  things  about  the 
same,  by  the  name  aforesaid,  and  also  that  they  be,  and  shall 
be,  forever  hereafter,  persons  able  and  capable  in  law,  to  sue, 
and  be  sued,  plead  and  be  pleaded,  answer  and  be  answered 
unto,  defend  and  be  defended,  in  all  or  any  of  our  Courts,  or 
other  places,  and  before  any  Judges,  Justices  and  other  per- 
sons whatsoever,  within  the  Government  of  the  said  Coun- 
ties aforesaid,  in  all  manner  of  actions,  suits,  complaints, 
pleas,  causes  and  manners  whatsoever,  and  that  it  shall  and 
may  be  lawful,  to  and  for  the  Burgesses  and  inhabitants  of 
Wilmington  aforesaid,  and  their  successors  forever  here- 
after, to  have  and  use  one  common  seal,  for  the  sealing  of  all 
business  whatsoever,  touching  the  said  Corporation,  and  the 
same,  from  time  to  time,  at  their  will,  to  change  and  alter.  («) 

(a)   Harrington,  Justice:     "The  borough  of  Wihningtou  was  incor- 
porated  by  letters  patent   in   November, 
1739.     It  received  a  charter  from  the  General  Assemblv  in  1772, ' '  &c. 
State  vs.  Wil.  City  Council,  3  Har.  294  at  301.    (yr.  1840) 
(See  page  7,  paragraph  6.) 

And  we  do,  for  us,  our  heirs,  and  successors  further  and 
by  these  presents  grant  full  power  and  authority,  for  the 
Burgesses,  Constable,  and  assistants,  freeholders,  together 
with  such  inhabitants,  house-keepers,  -within  the  said  Bor- 
ough, as  shall  have  resided  therein,  at  least  for  the  space  of 
one  whole  year  next  preceding  any  such  election,  as  is  herein- 
after directed,  and  hired  a  house  and  ground,  within  the  said 
Borough,  of  the  yearly  value  of  five  pounds  or  upwards,  («) 
on  the  eighth  day  of  September,  yearly,  unless  that  day  hap- 
pen to  fall  on  Sunday,  and  then  on  the  next  day  following, 
publicly  to  meet  in  some  convenient  place,  within  the  said 
Borough,  to  be  appointed  by  the  Chief  Constable,  and  then 
and  there  to  nominate,  elect,  and  choose  by  the  ballot,  able 
men  of  the  inhabitants  of  the  said  Borough,  to  be  Burgesses, 
High  Constable,  and  such  other  officers  within  the  same,  for 
serving  and  assisting  the  Burgesses,  in  managing  the  affairs 


BOROUGH   CHARTER. 

of  the  said  Borough,  and  of  keeping  of  peace  and  good  order 
therein,  from  time  to  time  as  to  the  majority  of  the  said  elec- 
tors shall  seem  requisite  and  necessary;  which  election  sliall 
be  taken  from  time  to  time,  by  the  High  Constable,  of  the 
year  preceding,  and  the  names  of  the  persons  so  elected,  shall 
be  certified  under  his  seal  to  the  Governor  for  the  time  be- 
ing, and  the  Burgess  who  shall  have  the  majority  of  votes 
shall  be  called  the  Chief  Burgess  of  the  said  Borough,  but  in 
ease  it  shall  so  happen  that  the  said  freeholders  and  inhabi- 
tants, house-keepers  aforesaid,  shall  neglect  or  refuse  to 
elect,  and  choose  Burgesses  and  other  officers  in  manner 
aforesaid,  or  that  no  return  of  their  names,  shall  be  made  to 
the  Governor  within  five  days  next  after  such  elections, 
yearly  and  every  year,  .as  aforesaid,  that  then  it  shall  and 
may  be  lawful  for  the  Governor  for  the  time  being  to  nomi- 
nate, commission,  and  appoint  Burgesses,  a  Constable  and 
assistants,  for  the  year,  to  hold  and  continue  their  respective 
offices  until  the  next  time  of  annual  elections,  appointed  as 
aforesaid,  and  so  as  often  as  occasion  shall  require. 

(a)  An  interesting  account  of  the  various  acts  relating  to  the  quali- 
fications of  electors  in  the  colonial  period,  is  contained  in  the  case  of 
Frieszleben  vs.  Shalleross  et  al.,  9  Houst.  1  at  from  60  to  64.  Among 
other  things  is  the  following: 

Comegys,  C.  J.:  " From  this  review  of  the  law  which  has  always 
prevailed  here  in  regard  to  the  qualification  of 
voters,  two  things  seem  to  be  clear, — that  is,  that  the  right  to  vote  was 
conditional  altogether  upon  the  payment  of  taxes  previously  assessed. 
("scot  and  lot,"  as  tersely  expressed  in  the  homely  but  perfectly  well 
understood  language  of  the  ancient  enactments,)  and  that  the  poll-tax 
was  adopted  100  years,  at  least,  before  1797,  for  those  who  had  no  prop- 
erty."    64-65   (yr.  1890.) 

And  we  further  will  and  ordain,  that  all  the  said  Bur- 
gesses for  the  time  being,  shall  be,  and  are  hereby  empow- 
ered, and  authorized,  to  be  conservators  of  the  Peace  within 
the  said  Borough,  and  shall  have  power  by  themselves,  and 
upon  their  own  view,  or  in  other  lawful  manner,  to  remove 
all  nuisances  and  encroachments  on  the  said  streets,  public 
landing  places,  and  highways  within  the  said  Borough  afore- 
said, as  they  shall  see  occasion,  with  power,  also,  to  arrest, 
imprison  and  punish  rioters,  and  other  breakers  of  the  peace 
or  good  behaviour,  award  process,  bind  to  the  peace  or  good 
behaviour,  commit  to  prison,  and  to  make  calendars  of  the 


10  BOROUGH   CHARTER. 

prisoners  by  them  committed,  and  the  same  to  return,  to- 
gether with  such  recognizances  and  examinations  as  shall  be 
by  them  taken,  to  the  next  Court  of  Quarter  Sessions  of  the 
County  of  New  Castle,  there  to  be  proceeded  on,  as  occasion 
may  or  shall  require,  and  to  do  all  and  singular,  other  mat- 
ters and  things  within  the  said  Borough,  as  fully  and  effectu- 
ally to  all  intents  and  purposes,  as  Justices  of  the  peace,  in 
their  respective  Counties,  can  or  may  lawfully  do;  {^)  but  be- 
fore any  of  the  said  Burgesses,  Constable,  or  other  officers, 
shall  take  upon  them  the  execution  of  their  respective  offices, 
they  shall  take  and  subscribe  to  the  oath  or  affirmation  of 
allegiance,  and  such  other  oaths  and  affirmations,  as  by  the 
laws  in  our  Government  in  such  cases  are  provided,  together 
with  the  oaths  or  affirmations  for  the  due  execution  of  their 
respective  offices,  and  eve^y  Chief  Burgess  so  elected  or  ap- 
pointed, from  year  to  year,  as  aforesaid,  shall,  within  five 
days  immediately  after  the  election,  present  himself  to  be 
qualified,  by  taking  the  oaths  or  affirmations  aforesaid  be- 
fore the  Governor  for  the  time  being,  or  before  such  other 
person  as  the  Governor  shall  think  fit  to  appoint  for  that 
purpose,  and  on  failure  of  his  so  presenting  himself,  unless 
disabled  by  sickness  or  other  reasonable  cause,  such  as  shall 
be  allowed  of  by  the  Governor  for  the  time  being,  another 
Chief  Burgess,  shall,  from  time  to  time,  and  as  often  as  occa- 
sion shall  require  be  appointed,  in  the  stead  of  such  person 
so  failing  to  appear  and  qualify  himself  as  before  directed, 
which  Burgess  so  to  be  appointed  by  the  Governor  for  the 
time  being,  shall  and  may  enjoy  their  offices,  until  the  day 
of  election  next  ensuing  such  their  appointment,  and  the 
Chief  Burgess  having  qualified  himself  in  the  manner  afore- 
said, shall  and  may  enter  upon  his  office,  and  the  other  Bur- 
gess, Constables  or  other  officers,  shall  and  may  qualify 
themselves  for  their  respective  offices,  by  taking  and  sub- 
scribing the  oaths  or  affirmations  aforesaid,  before  the  said 
Chief  Burgess,  or  before  any  one  of  the  Justices  of  the  Peace 
of  the  said  County  of  New  Castle  for  the  time  being,  who  are 
hereby  authorized  and  empowered  to  administer  the  same. 

(a)    Harrington,   Justice:      "For   though   it   is   contended   that   the 

franchise  of  holding  a  court  existed  in 

the  corporation  of  the  borough  of  Wilmington,  under  its  charter  of  1772, 


BOROUGH   CHARTER.  11 

*  *  *  it  is  admitted  that  this  franchise  was  but  the  j^ower  to  ainioint 
certain  officers  called  burgesses,  whose  judicial  functions  extended  only 
to  the  discharge  of  those  duties  within  the  borough,  ' '  which  justices  of 
the  peace  for  the  county  of  New  Castle  could  lawfully  do. ' ' 

Gray  vs.  The  State  of  Delaware,  2  Har.  76  at  89.    (yr.  1836) 
The  franchise  of  holding  a  court,  also  existed  under  the  letters  pat- 
ent granted  in  November,  1739.     Justice  Harrington  refers  to  this  in  the 
above  mentioned  case  in  the  following  language : 

These  "burgesses  by  the  same  jiatent"  (1739)  "and  also  by  the 
act  of  1772,  were  invested  with  all  the  judicial  powers,  within  the  corpo- 
ration limits,  of  justices  of  the  peace  within  the  county. ' '    93. 

And  we  do  further  grant  for  us,  bur  heirs  and  successors, 
to  the  Burgesses,  freeholders  and  inhabitants,  housekeepers 
aforesaid,  that  it  shall  and  may  be  lawful  for  them,  to  as- 
semble themselves  together  within  the  Borough  aforesaid,  at 
such  time  and  place,  as  the  Burgesses  herein  before  nomi- 
nated shall  appoint,  and  then  and  there,  by  a  majority  of 
voices  to  elect  some  fitting  place  or  places,  within  the  said 
Borough,  for  holding  of  Fairs  and  Markets,  which  place  or 
places  so  made  choice  of,  being  recorded  by  the  Town  Clerk, 
in  some  book  by  him  to  be  kept  for  the  recording  of  the 
transactions  of  the  said  Corporation,  shall  thereafter  remain, 
for  the  holding  of  the  said  Fairs  and  Markets,  without  any 
alteration  forever,  which  election,  the  principal  Burgess,  or 
on  his  neglect,  refusal  or  absence,  the  other  Burgess  shall 
take  in  such  manner,  and  at  such  times,  as  by  the  said  Bur- 
gesses, High  Constable  and  assistants  shall  be  agreed  on. 

And  we  do  further  give  and  grant,  to  the  Burgesses  and 
inhabitants  aforesaid,  that  they  and  their  successors  forever 
hereafter  may  have,  hold  and  keep  within  the  said  Borough 
two  markets  in  each  week,  that  is  to  say,  one  market  on  "Wed- 
nesday, and  one  market  on  Saturday,  in  every  week  of  the 
year  forever. 

Also  two  fairs  there  in  every  year,  the  first  to  begin  on 
the  twenty-fourth  day  of  October  next  ensuing,  and  to  con- 
tinue that  day  and  the  next  day  following,  and  the  other  of 
the  said  fairs  to  begin  on  the  twenty-eighth  clay  of  April,  and 
to  continue  that  day,  and  the  next  day  after,  and  when  either 
of  those  days  shall  happen  to  fall  on  Sunday,  then  the  said 
fairs  to  be  kept  the  next  day,  or  two  days  following,  together 


12  BOROUGH   CHARTER. 

with  the  free  liberties,  customs,  profits  and  emoluments  to 
the  said  markets  and  fairs  belonging  or  in  any^^^se  apper- 
taining forever. 

And  we  do  hereby  further  grant,  and  ordain,  that  there 
shall  be  a  Clerk  of  the  Market  for  the  said  Borough,  who 
shall  have  the  assize  of  bread,  wine,  beer,  wood,  and  all  other 
provisions  brought  for  the  use  of  the  said  inhabitants,  who 
shall  and  may  perform  all  things  belonging  to  the  office  of 
a  Clerk  of  the  Market  within  the  said  Borough,  and  that 
Goldsmith  Folwell  shall  be  the  present  Clerk  of  the  Market, 
who  shall  be  removable  for  any  malfeasance  in  his  office  by 
the  Burgesses  and  assistants  aforesaid  and  another  from  time 
to  time  appointed  and  removed,  as  they  shall  find  it  neces- 
sary. 

And  we  do  further  grant  unto  the  said  Burgesses,  High 
Constable  and  assistants,  and  their  successors,  as  much  as  in 
us  is,  that  if  any  of  the  inhabitants  of  the  said  Borough  shall 
be  hereafter  elected  to  the  office  of  Burgess,  Constable,  or  as- 
sistants, and  having  notice  of  his  or  their  election,  shall  re- 
fuse to  undertake,  and  execute  that  office  to  which  he  is  so 
chosen,  it  shall  and  may  be  lawful  for  the  Burgesses,  High 
Constable  and  assistants  then  acting,  to  impose  such  moder- 
ate fines  on  the  person  or  persons  so  refusing,  as  to  them 
shall  seem  meet,  so  always  that  such  fines  imposed  on  a  Bur- 
gess elect,  do  not  exceed  ten  pounds,  and  the  fine  on  the  High 
Constable  or  an  assistant  elect,  do  not  exceed  five  pounds 
each,  to  be  levied  by  distress  and  sale  of  the  goods  of  the 
party  refusing,  by  warrant  under  the  hand  and  seal  of  one  of 
the  said  Burgesses,  or  by  any  other  lawful  way  or  means 
whatsoever,  for  the  use  of  the  said  Corporation,  and  in  any 
such  case  it  shall  and  may  be  lawful  for  the  said  inhabitants 
to  proceed  to  the  choice  of  some  other  fit  person  or  persons, 
in  the  stead  of  such  -who  shall  so  refuse ;  and  it  shall  and  may 
be  lawful  for  the  said  Burgesses,  High  Constable,  and  as- 
sistants, for  the  time  being,  to  assemble  Town  Meetings  as 
often  as  they  shall  find  occasion,  at  which  meetings  they  may 
make  such  ordinances  and  rules  not  repugnant  to  or  incon- 
sistent with  the  laws  of  the  said  government  as  to  the  great- 


BOROUGH   CHARTER.  13 

est  part  of  the  inhabitants  seem  necessary  and  convenient 
for  the  good  government  of  the  said  Borough,  and  the  same 
rules  and  orders  to  put  in  execution,  and  the  same  to  revoke, 
alter,  and  make  anew,  as  occasion  shall  require,  and  also  to 
impose  such  mulcts  and  amercements,  upon  the  breakers  of  the 
said  ordinance  as  to  the  makers  thereof  shall  be  thought  rea- 
sonable, to  be  levied  as  above  directed  in  case  of  fines,  to  the 
use  of  the  said  Borough,  without  rendering  any  account 
thereof  to  us,  our  successors,  or  to  the  proprietors  aforesaid, 
their  heirs  or  successors,  also  at  the  said  meetings  to  mitigate 
or  release  the  said  fines  and  mulcts,  upon  the  submission  of 
the  parties. 

And  we  further  grant,  that  it  shall  and  may  be  lawful 
for  the  Burgesses  and  assistants  and  inhabitants  aforesaid, 
and  their  successors,  when  they  shall  see  occasion,  to  erect  a 
Court  House  within  the  said  Borough. 

And  we  further  will  and  grant,  that  when  any  doubts 
shall  happen  to  arise,  touching  this  present  Charter,  that  the 
same  shall,  in  all  courts  of  law  and  equity,  be  construed  and 
taken  most  favorably  and  beneficially  for  the  said  Corpora- 
tion. 

In  testimony  whereof,  we  have  caused  these  our  letters 
to  be  made  patent :  Witness,  George  Thomas,  Esquire,  with 
our  Royal  approbation.  Lieutenant  Grovernor  and  Com- 
mander in  Chief  of  the  Province  of  Pennsylvania  and  coun- 
ties aforesaid,  under  elohn  Penn,  Thomas  Penn,  and  Richard 
Penn,  Esquires,  true  and  absolute  proprietaries  of  the  Prov- 
ince and  counties  aforesaid,  the  sixteenth  day  of  November, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  and 
thirty-nine,^  and  in  the  thirteenth  year  of  our  reign. 

GEORGE  THOMAS. 


iThese  dates  though  seemingly  inconsistent,  are  correct,  and  are  to 
be  explained  by  the  fact  that  until  the  adoption  of  the  new  style  (for  the 
computation  of  time),  in  England,  (1752),  the  25th  of  March  was  New 
Year's  day;  so  that  the  16th  day  of  November,  1739,  was  actually  four 
months  prior  to  the  17th  day  of  March,  1739. 


14  BOROUGH   CHARTER. 

I  do  hereby  certify  that  the  above  and  within  mentioned 
charter  is  recorded  in  the  book  M.,  page  350,  351,  352,  353, 
354,  at  New  Castle,  in  the  Rolls  office.  Given  under  my  hand 
and  seal,  the  17th  day  of  March,  1739.^ 

WILLIAM  SHAW,  Recorder. 


iThese  dates  though  seemingly  inconsistent,  are  correct,  and  are  to 
be  explained  by  the  fact  that  until  the  adoption  of  the  new  style  (for  the 
computation  of  time),  in  England,  (1752),  the  25th  of  March  was  New- 
Year's  day;  so  that  the  16th  day  of  November.  1739,  was  actually  four 
months  prior  to  the  17th  day  of  March,   1739. 


CHARTER 


OF  THE 


City  of  Wilmington 

DELAWARE. 


I 


I 


CITY  CHARTER.  17 


PART   II. 


Charter 


„    „  Act   of   April 

OF  THE  i3_     1883.       17 

D.   L,.,    Chap. 
207. 


City  of  Wilmington;  Delaware, 

As  Amended  to  March  31,  1909/ 


CITY  LIMITS  AND  CORPORATE  POWERS.   (^) 

Section  1.    The  City  of  Wilmington  shall  be  bounded  (c)  city  limits. 
as  follows,  viz  :  Beginning  at  the  Delaware  river  (^)  at  a  point 
one  thousand  (1000)  yards  eastwardly  from  a  stone  set  in  the 
middle  of  the  westerly  bank  of  said  river,  in  a  line  with  the  north- 
erly side  of  Thirteenth  street  extended ;  thence  by  a  line  form- 


1.  Act  of  March  25,  1907.  24  D.  L.,  355.  continues  and  re-establishes 
all  the  Statutes  of  the  State  of  Delaware  relating  to  the  City  of  Wilming- 
ton, Delaware,  not  inconsistent  with  said  Act. 


18  CITY  CHARTER. 

ing  an  extension  of  said  street  without  any  change  of  course 
thereof  to  the  easterly  side  of  the  Brandj^^viue  creek ;  thence 
along  the  same  about  one  and  a  quarter  miles  to  the  old  ford 
above  the  head  of  tide-water,  and  continuing  along  said  side  of 
said  creek  about  thirty-three  hundred  (3300)  feet,  or  until  it 
reaches  a  point  sixty-nine  hundred  and  sixty-eight  (6968)  feet 
(measured  at  right  angles)  from  the  northerly  side  of  Front 
street  extended  westwardly;  thence  north  fifty-eight  degrees 
west,  and  parallel  with  Front  street  to  a  line  intersecting 
Front  street  at  right  angles  at  a  distance  of  twenty -three  hun- 
dred and  thirty  (2330)  feet  westerly  from  the  center  of 
Broojne  street ;  thence  along  said  line  south  thirty-two  degrees 
west  and  parallel  with  Market  street  sixty-nine  hundred  and 
sixty-eight  (6968)  feet  to  the  northerly  side  of  Front  street 
extended,  twenty-three  hundred  and  thirty  (2330)  feet  west- 
erly from  the  center  of  Broome  street ;  thence  continuing  the 
same  course  over  Front  street  to  a  point  sixteen  hundred  and 
ninety  (1690)  feet  from  the  southerly  side  thereof;  thence 
south  fifty-eight  degrees  east  and  parallel  with  Front  street  to 
the  northerly  side  of  the  Christiana  turnpike  road ;  thence  by  a 
line  running  southerly  and  at  right  angles  to  said  turnpike  to 
a  marked  stone  set  in  the  bank  at  tlie  southerly  side  of  Chris- 
tiana river;  thence  easterly  parallel  with  Front  street  to  the 
Delaware  river  aforesaid  to  a  point  therein  one  thousand  yards 
from  a  marked  stone  set  in  the  middle  of  the  western  bank  of 
said  river,  and  thence  thereby  northerly  to  the  place  of  begin- 
Extension  of  ning.     Extended  as  follows,  viz :     By  a  line  beginning  at  a 

boundaries.  ,  t         •  -,         i>     -,       -r^  i-  i^  i 

Act  of  Feb.  stone  at  the  westerly  side  oi  the  Brandy  wine  creek  at  the  point 
b.'  L.,  451.  where  the  northerly  boundary  line  intersects  the  same ;  thence 
easterly  by  a  line  running  perpendicularly  to  and  crossing  the 
Wilmington  and  Great  Valley  turnpike  road  at  right  angles  to 
a  point  intersected  by  a  line  running  perpendicularly  to  the 
Philadelphia  turnpike  road ;  thence  by  said  last  mentioned  per- 
pendicular line  southeasterly  to  a  stone  in  the  middle  of  said 
Philadelphia  turnpike  road  about  ninety  feet  northeasterly 
from  Price's  run;  thence  southeasterly  and  parallel  to  Van- 
dever  avenue  to  the  northerly  side  of  the  Philadelphia,  Wil- 
mington and  Baltimore  railroad ;  thence  by  a  line  southeast- 
erly and  parallel  to  Thirteenth  street  to  its  intersection  in  the 


CITY  CHARTER.  19 

river  Delaware  with  the  northerly  extension  of  the  i)resent 

water  line  or  front  of  said  city,  and  thence  thereby  southerly 

to  its  intersection  with  the  northerly  side  of  Thirteenth  street. 

And  further  extended  as  follows,  namely:     By  a  line  hegin- ^Q^^'^^°;"g °^ 

ning  at  a  point  where  the  main  roadAvay  or  tracks  of  the  Phila- i^'^^ggj  ^f^^^ 

delpliia,  Wilmington  and  Baltimore  Railroad  Company  inter- ^-  ^^  ^•'^• 

sects  the  southerly  city  line ;  thence  southwesterly  along  the 

center  of  said  roadway  of  the  said  Philadelphia,  Wilmington 

and  Baltimore  Railroad  Company  to  line  of  lands  of  Henry 

Latimer ;  thence  northwesterly  along  the  line  of  said  lands  to 

a  point  where  the  said  line  extended  crosses  the  center  of  the 

Wilmington  and   Newport   turnpike  road ;    and  thence   in    a 

straight  line  northwesterly  to  the  corner  stone  w'hich  marlvs 

the  southwesterly  boundary  of  the  city  of  Wilmington,  at  the 

intersection  of  Beach  and  Union  streets. 

(a)  An  interesting  account  of  tlie  rights,  powers,  duties  and  liabili- 
ties of  the  City  of  Wilmington  is  contained  in  the  ease  below  mentioned. 
A  few  of  the  things  said  by  the  Court  are  as  follows: 

SauJshury,  Ch.:  "The  City  of  Wilmington  is  a  public  corporation. 
It  is  a  municij^al  corporation,  which  is,  as  we  have 
seen,  an  incorporation  by  the  authority  of  the  State,  of  the  inhabitants 
of  a  particular  place  or  district,  and  authorizes  tiiem,  in  their  corporate 
capacity,  to  exercise  subordinate  specified  powers  of  legislation  and  regu- 
lation with  respect  to  their  local  and  internal  concerns.''    (90) 

And  speaking  of  its  charter,  and  powers  in  general,  he  says: 

' '  Being  the  mere  creature  of  the  law,  it  possesses  only  those  prop- 
erties which  the  Charter  of  its  creation  confers  upon  it,  either  expressly, 
or  as  incidental  to  its  very  existence."   (88) 

"Its  Charter,  or  act  of  right  to  incorporation,  is  in  no  sense  a  eon- 
tract  with  the  State"  (91),  and 

"The  Citv  of  Wilmington  has  no  vested  rights  as  against  the 
State     *     *     ^  " 

Coyle  vs.  Mclntire,  7  Houst.  44  at  92.   (yr.  1884) 

Mayor  and  Council  of  Wil.  vs.  Ewing,  2  Penn.  66  at  99.   (yr.  1899) 

(See  paragraph  19  of  this  Section.) 

(&)  In  speaking  of  the  city's  corjiorate  limits,  &c.,  the  Court  said, 
specifically: 

Saulsbury,  Ch.:  The  Legislature  "may  circumscribe  or  extend  the 
limits  of  the  corporation.  It  may  divide  the  city 
into  two,  four  or  more  cities,  and  give  to  each  a  separate  and  independent 
organization     *     *  "    (98),  and  generallv. 

The  Legislature  "may  enlarge  or  diminish  its  territorial  extent  or 
its  functions,     "      *     or  destroy  its  very  existence     *     *     *." 

Coyle  vs.  Mclntire,  7  Houst.  44  at  92.   (yr.  1884) 

(c)  The  city  limits  are  marked  and  embraced  by  natural  boundaries, 
and  courses  and  distances.  If  there  be  any  discrepancy  the  law  is  as  fol- 
lows: 

Spruance,  J.:  "Where  a  deed  calls  for  natural  and  known  bound- 
aries which  are  inconsistent  with  the  description 
given  in  the  deed  by  courses  and  distances,  such  natural  and  known 
boundaries  control  the  boundaries  bv  courses  and  distances.     But,  if,  on 


20  CITY  CHARTER. 

the  contrary,  the  deed  describes  the  land  by  courses  and  distances,  and 
not  by  natural  or  known  boundaries,  the  descrijjtion  by  courses  and  dis- 
tances is  to  be  adopted." 

Nevin  vs.  Disharoon,  6  Penn.  278  at  281.   (yr.  1907) 
Quillen  vs.  Betts,  1  Penn.  53  at  59-60.  (vr.  1897) 
Hunter  vs.  Lank,  1  Har.  10.   (yr.  1832)  " 
Nivin  vs.  Stevens,  5  Har.  272  at  280-1.    (yr.  1850) 

(d)  One  of  the  boundary  lines,  as  fixed  by  the  Legislature,  carries 
the  city  limits  3000  feet  into  the  Delaware  Eiver.  Our  State  claims, 
and  our  House  of  Representatives  declared,  "that  the  jurisdiction  and 
sovereignty  of  this  State  extends  over  the  *  *  river  Delaware  to  low 
water  mark  on  the  Jersev  shore. ' ' 

State  vs.  Morris.  1  Har.  326  at  328.  (yr.  1835) 

A  compact,  or  agreement,  between  the  two  States  of  New  Jersey  and 
Delaware,  was  drawn  up  and  agreed  to  April  23,  1907,  whereby,  for  fish- 
ery rights  and  the  service  of  criminal  process,  the  entire  river,  to  low 
water  mark,  was  treated  as  common  property.  The  property  rights,  and 
claim  of  the  States  as  to  the  land  under  the  river  were  left  untouched. 
(23  D.  L.  pp.  12  and  17  and  appendix  p.  2;  24  D.  L.  p.  272.) 

boundl,Hes.°^  [ Further  extended  ( « )  as  f  ollow.s,  namely :    By  a  line  begin- 

lo!*  1885^^17  ning  at  the  point  Avhere  the  southerly  side  of  Front  street  in- 
D.  L..  889.  tersects  the  westerly  boundary  of  the  city,  thence  north  58° 
west,  two  thousand  one  hundred  and  ninety-seven  (2197)  feet 
more  or  less  along  said  southerly  side  of  Front  street  extended 
to  a  point  where  the  easterly  side  of  Greenhill  avenue  inter- 
sects the  said  side  of  Front  street,  extended;  thence  north  32° 
east,  along  said  side  of  said  Greenhill  avenue  and  parallel  to 
Union  street,  three  thousand  and  eight  hundred  and  twenty- 
eight  (3828)  feet  one  (1)  inch  more  or  less,  to  the  southerly 
side  of  Twelfth  street,  extended;  thence  south  58°  east,  along 
said  side  of  Twelfth  street,  extended,  two  thousand  one  hun- 
dred and  ninety-seven  (2197)  feet  to  the  point  where  the  said 
side  of  Tw^elfth  street  intersects  the  westerly  boundary  line  of 
the  city;  and  thence  southerly  along  said  westerly  boundary 
line  of  the  city,  three  thousand  eight  hundred  and  twenty- 
eight  (3828)  feet,  to  the  point  where  the  said  southerly  side 
of  Front  street  intersects  the  said  westerly  boundary  line  of 
the  city  aforesaid.  All  that  portion  of  the  annexed  territory 
lying  between  the  northerly  side  of  Front  street  and  the  centre 
of  Sixth  street  shall  be  included  in,  and  form  a  part  of,  the 
Tenth  ward,  and  be  portions  of  the  twenty-fourth  and  twenty- 
fifth  election  districts,  (^)  respectively,  as  they  lay  North  or 


1.     Election  districts  have  been  changed  by  subsequent  legislation. 


CITY  CHARTER.  '  21 

South  of  Second  street.  All  that  portion  of  the  annexed  ter- 
ritory included  between  the  centre  of  Sixth  and  Ninth  streets 
shall  form  a  portion  of  the  Fifth  ward  and  be  a  part  of  the 
twelfth  election  -district. {^)  All  the  rest  of  the  annexed  terri- 
tory shall  form  a  part  of  the  Seventh  ward  and  be  included  in 
the  eighteenth  election  district. {^) 

(fl)    See  Sec.  1,  paragraph  1,  "b"  and  "c. " 

Corporate 
Within  the  limits   of  the  territory   by  this   act  included  p°^'®^'s- 

within  and  made  part  of  the  City  of  Wilmington,  the  INIayor 

and  Council  of  Wilmington  shall  be  and  is  hereby  vested  with 

all  the  powers,  rights,  privileges  and  immunities  which  by  law 

appertain  and  belong  to  it  as  a  municipal  corporation,  and  all 

the  laws  or  ordinances   and   regulations   in   force   A\athin  the 

limits  of  the  City  of  Wilmington,  as  heretofore  existing,  not 

modified  or  repealed  by  any  of  the  provisions  of  this  act.  or 

which  are  not  locally  inapplicable,  shall  be  extended  («)  and 

applied  to  the  territory  comprised  within  the  limits  set  forth  in 

this  act. 

(a)  This  provision  expressly  extends  to  the  new  territory,  "all  the 
laws  or  ordinances  and  regulations  in  force  in  the  city"  at  the  time  of 
such  extension,  &c.  The  principles  of  the  common  law,  of  course,  are  also 
applicable.  For  instance,  if  one  lay  out  streets  on  a  map  (and  record  tlie 
same),  of  land  adjoining  a  town,  and  the  corporate  limits  are  afterwards 
extended  so  as  to  take  in  the  new  land,  thus  dedicated,  it  belongs  to  the 
town,  and  condemnation  proceedings  are  not  necessary. 

"And  where  such  lots  are  afterwards  included  in  an  old  and  adjoin- 
ing town  by  extending  the  corporate  limits  thereof,  no  proceedings  by  the 
corporate  authorities  for  the  condemnation  of  any  of  said  streets  are 
necessary,  they  are  already  public  streets  by  prior  dedication."  (sylla- 
bus) 

Fulton  vs.  Dover,  6  Del.  Ch.  1.    (yr.  1886) 

Obsolete. 

*  *  #  *  *  *  *  *  *  *  * 

[Further  extended  («)  as  follows,  namely:   Beginning  at 
the  southwesterly  corner  of  Union  street  and  Delaware  avenue,  boundaries. 
and  running  thence  northwesterly  along  the  northwesterly  15^  i89i.  ^19 
side  of  Delaware  avenue,  extended,  one  hundred  and  eighty    '     ■-    "  ■ 
(180)  feet  more  or  less,  to  a  point  in  line  with  the  southwest- 
erly side  of  Eighteenth  street  as  laid  out  in  the  district  known 
as  the  Highlands ;  thence  northwesterly  one  thousand  and  ten 
(1010)  feet  more  or  less,  to  the  intersection  of  the  southerly 


1.     Election  districts  have  been  changed  by  subsequent  legislation. 


22  ,  CITY  CHARTER. 

side  of  Eighteenth  street  and  the  westerly  side  of  Roekford 
lane ;  thence  northerly  along  the  westerly  side  of  said  lane 
about  two  hundred  (200)  feet  to  the  southerly  side  of  Church 
lane  or  Nineteenth  street ;  thence  northwesterly  along  the 
southerly  side  of  Church  lane  or  Nineteenth  street  about 
twenty-five  hundred  and  twenty-five  (2525)  feet  to  a  point 
formed  by  the  intersection  of  the  southerly  side  of  Church  lane 
with  the  most  westerly  line  of  the  Roekford  Park  extended 
southerly  across  said  lane ;  thence  north  forty-one  degrees  and 
forty-two  minutes  east,  crossing  said  lane  and  binding  on  lands 
of  E.  I.  DuPont  de  Nemours  &  Company,  eight  hundred  and 
forty  feet  and  six-tenths  (840.6)  to  a  corner  stone;  thence 
easterly  following  the  lines  of  Roekford  Park  and  the  park 
roadway  until  they  intersect  the  line  of  the  present  boundary 
of  the  city  of  AVilmington  upon  the  northerly  side  of  the  park 
roadway,  as  now  laid  out  and  determined;  and  thence  south- 
erly along  the  present  city  line  to  the  point  of  beginning. 
(a)    See  Sec.  1,  paragraph  1,  "b"  and  "c. " 

May^s^  1891.  Within  the  limits  of  the  city  of  Wilming'ton  extended  by 

19D.  L.,  436.  ^Yiia  act,  (*)  the  Mayor  and  Council  of  Wilmington  shall  be 
Corporate  vested  with  all  power,  rights,  privileges  and  immunities  which 
powers.  before  this  time  belonged  to  them  as  a  municipal  corporation, 

and  all  the  laws,  ordinances  and  regulations  in  force  within 
the  former  city  limits,  and  not  locally  inapplicable,  shall  be 
Proviso  as  to  extended  («)  and  applied  to  the  new  territory  comprised  within 
park  lands,  ^j^g  bouiiclaries  as  set  forth  in  the  first  section  of  this  act.  Pro- 
vided, That  the  park  lands  and  the  park  roadway  included 
within  said  boundaries  shall  be  subject  to  the  jurisdiction  of 
the  Park  Commission  in  like  manner  as  is  by  law  provided 
with  respect  to  lands  now  held  and  owned  by  the  said  city  for 
park  purposes. 

(a)   See  Sec.  1,  paragraph  3,  "a." 
Obsolete.  *********** 

ward°^  '^^  "^^^^  ^^^^'  territory  hereby  added  to  the  said  city  (except- 

ing the  park  lands)  shall  be  a  part  of  the  Seventh  ward  there- 
Proviso  as  to  ^f     Provided,  however,  That  all  expense  incurred  in  the  sur- 

expense  in  )  }  t- 

surveying,      yeying  of  Said  annexed  territory  for  the  purposes  of  establish- 


CITY  CHARTER.  23 

ing  grades  and  street  lines  upon  the  land  through  which  streets 
or  avenues  shall  be  opened  or  extended  shall  be  borne  by  the 
owners  therein.] 

[Further  extended  («)  as  follows,  namely :  Beginning  at  a  Extension  of 

'-       .  ■    '  7  >.  o  o  boundaries. 

point  in  the  centre  of  the  Philadelphia  and  Wilmington  turn-Act  of  April 
pike  road  and  also  in  the  centre  line  of  a  new  street  or  road 
called  Eastlawn  avenue,  laid  out  through  lands  now  or 
formerly  of  George  W.  Talley,  deceased;  thence  by  the  centre 
line  of  said  Eastlawn  avenue,  south  thirty-three  degrees  east, 
four  thousand  six  hundred  and  twenty-five  (■4625)  feet  pass- 
ing through  lands  of  said  George  W.  Talley,  deceased,  and 
land  of  the  Philadelphia,  Wilmington  and  Baltimore  Railroad 
Company,  to  the  middle  of  Shellpot  creek ;  thence  down  the 
middle  thereof  by  its  various  courses  to  the  present  line  of  the 
City  of  Wilmington ;  thence  northwesterly  by  said  city  line  to 
a  point  where  it  intersects  the  centre  line  of  the  Concord  turn- 
pike road  or  Elliott  avenue  extended;  thence  by  the  centre 
line  of  said  Concord  turnpike  road  or  Elliott  avenue  extended, 
north  one-quarter  of  a  degree  west,  five  hundred  and  seventy 
(570)  feet  to  the  centre  line  of  the  Baltimore  and  Philadel- 
phia railroad;  thence  northerly  by  the  centre  line  of  said  rail- 
road one  thousand  five  hundred  and  ninety  (1590)  feet  to  a 
stake;  thence  south  thirty-six  degrees  east,  four  thousand  two 
hundred  and  fifty-seven  (^4257)  feet  to  the  centre  of  the  Phila- 
delphia and  Wilmington  turnpike  road,  and  thence  thereby 
southerly  thirty  (30)  feet  to  the  place  of  beginning. 
(a)    See  Sec.  1,  paragraj^h  1,  "b"  and  "c. " 

Within  the  limits  of  the  City  of  Wilmington  extended  by 
this  Act,  (*)  The  Mayor  and  Council  of  Wilmington  shall  he ^*p^j,jfj^4*^  j°g^93 
vested  with  all  power,  rights,  privileges  and  immunities  which  corporate 
before  this  time  belonged  to  them  as  a  municipal  corporation,  p°^^^"^- 
and  all  the  laws,  ordinances  and  regulations  in  force  within  the 
former  city  limits,  and  not  locally  inapplicable,  shall  be  ex- 
tended («)  and  applied  to  the  new  territory  comprised  within 
the  boundaries  as  set  forth  in  the  first  section  of  this  Act. 


(a)    See  Sec.  1,  paragraph  3,  "a." 


* 


Obsolete. 


24  CITY  CHARTER. 

ward°^  ^^^  "^^^  ^^'^^  territory  hereby  added  to  the  said  City  of  Wil- 

mington shall  be  a  part  and  parcel  of  the  Ninth  ward  thereof.] 

powerf  *^  Within  the  limits  of  the  City  of  Wilmington,  established 

by  this  Act,  The  Mayor  and  Council  of  Wilmington  shall  be 
vested  with  all  power,  rights,  privileges  and  immunities  which 
before  this  time  belonged  to  them  as  a  municipal  corporation ; 
all  the  laws,  ordinances  and  regulations  in  force  within  the 
former  city  limits,  not  modified  or  repealed  by  the  provisions 
of  this  Act  and  not  locally  inapplicable,  shall  be  extended  («) 
and  applied  to  the  territory  comprised  within  the  boundaries 
set  forth  in  this  Act. 

(fl)    See  Sec.  1,  paragraph  3,  "a." 

boundaries °^  [Further  extended  («)  as  follows,  namely:  Beginning  at  a 

^*^*  ms'^^^'^o  Po^^t  where  the  northeasterly'  boundary  line  of  the  City  of 
D.  L..  161.  Wilmington  intersects  the  northerly  side  of  Wooddale  avenue 
extended  at  right  angles  to  Thirty-second  street,  as  laid  down 
on  the  city  map  ;  thence  northeasterly  along  the  northerly  side 
of  Wooddale  avenue  extended  at  right  angles  with  Thirty-sec- 
ond street  as  aforesaid,  twelve  hundred  and  twenty  (1220) 
feet  to  a  point ;  thence  southeasterly  by  a  line  measured  at 
right  angles  to  the  first  described  line,  crossing  the  Philadel- 
phia and  Wilmington  turnpike  road  at  a  point  about  six  hun- 
dred and  thirty  (630)  feet  east  of  the  present  city  line  at  in- 
tersection of  Market  street  and  Eastlawn  avenue,  to  a  point 
M^here  it  intersects  the  present  city  line  at  or  near  the  Philadel- 
phia, Wilmington  and  Baltimore  railroad;  thence  northwest- 
erly along  said  present  city  line  by  its  various  courses  to  the 
place  of  beginning. 

(a)    See  Sec.  1,  paragraph  1,  "b"  and  "c. " 

Within  the  limits  of  the  City  of  Wilmington,  extended  by 
Aprifl9,i895.  this  Act,  (*)  The  ]\Iayor  and  Council  of  Wilmington  shall  be 
■  ■'  ■■  vested  with  all  power,  rights,  privileges  and  immunities  which 
of"^city^'^au"-  before  this  time  belonged  to  them  as  a  municipal  corporation, 
tended*^ to '^^' and  all  the  laws,  ordinances  and  regulations  in  force  within 
toiT.  ^^^^'      the  former  city  limits,  and  not  locally  inapplicable,  shall  be  ex- 


CITY  CHARTER.  25 

tended  («)  and  applied  to  the  new  territory  comprised  M'ithin 
the  boundaries  as  set  forth  in  the  first  section  of  this  Act. 
(a)    See  Sec.  1,  paragraph  3,  "a." 

The  real  estate   by  this  Act  (*)  added  to  and  included  ,,,  .  ,    . 

*'  ^     ^  _        f*)   Act  of 

within  the  city  limits,  and  all  persons  now  or  hereafter  resid- April  29,1 895. 
ino-  within  said  new  boundaries,  shall  be  subject  to  assessment  . 

'^  _  '  "  _  A.ssessment 

for  municipal  taxes  in  the  same  manner  and  subject  to  the  of  taxes, 
same  rights,  rules  and  restrictions  as  in  other  cases  within  the 
said  city;  provided,  the  real  estate  by  this  Act  added  to  and 
included  within  the  city  limits  and  all  persons  now  or  here- 
after residing-  within  said  new  boundaries  shall  be  subject  to 
assessment  for  municipal  taxes  in  the  same  manner  and  sub- 
ject to  the  same  rights,  rules  and  restrictions  as  in  other  cases 
within  the  said  city.   («)      *********=::- 

*  '*  *  *  The  new  territory  hereby  added  to  the  said  City 
of  Wilmington  shall  be  a  part  and  parcel  of  the  Ninth  Ward 
thereof      ***************] 

(a)  The  part  omittted  in  this  provision  related  to  taxation  at  a  spe- 
cial rate,  and  different  from  the  rate  fixed  for  other  ])roperty  in  the  same 
class.  The  constitutional  provision  as  to  uniformity  of  taxation  re- 
pealed it. 

Spruance,  J.:  "Section  1  of  Art.  S  of  the  Constitution  provided  that 
' '  All  taxes  shall  be  uniform  upon  the  same  class  of  subjects  v^ithin  the 
territorial  limits  of  the  authority  levjdng  the  tax,  and  shall  be  levied  and 
collected  under  general  laws.  *  *  The  said  provision  of  the  Constitu- 
tion was  self-executing,  and  projirio  vigore  annulled  the  said  act  of  1897, 
which  was  inconsistent,  and  in  direct  conflict,  with  the  said  provision." 

Monaghan  vs.  Lewis,  5  Penn.  218  at  224.  (yr.  1905) 

And  when  the  Constitutional  provision  worked  the  repeal,  Sec.  80  of 
the  Charter  (relating  to  taxation)  at  once  became  effective. 

* '  It  cannot  be  objected  that  the  annulling  of  said  act  *  *  by  the 
operation  of  the  Constitution,  would  have  left  the  territory  covered  by 
said  act  without  provision  for  taxation,  as  there  was  then  in  force,  a  gen- 
eral law  providing  for  the  taxation  of  real  estate  in  the  City  of  Wilming- 
ton (City  Charter,  Sec.  80)  "  id.  224. 

And  as  to  the  claim  that  the  exemption  was  a  vested  right,  &c.,  the 
Judge  said : 

' '  The  exemption  of  real  estate  within  certain  bounds  from  taxation 
at  a  rate  exceeding  one-foitrth  of  the  regular  rate,  given  by  the  act  of 
1897,  was  not  a  vested  right,  and  was  not  founded  upon  contract,  but  was 
a  pure  gratuity  which  cotild  be  revoked  by  the  Legislature  at  any  time. ' ' 
id  223. 


[Further  extended  («)  as  follows,  namely:  Beginning-  fit ^^^gj^^gj^^^  ^^ 
the  intersection  of  the  easterly  side  of  Greenhill  avenue  with  the  Act'of^Mav 
southerly  side  of  Twelfth  street  extended;  thence  northeast-^  ^l^^'268*' 


26  CITY  CHARTER. 

erly  to  the  northerly  side  of  Kennett  turnpike ;  thence  along 
the  northerly  side  of  said  Kennett  turnpike  to  its  intersection 
with  the  easterly  side  of  Eising  Sun  lane,  in  Christiana  hun- 
dred; thence  northerly  along  said  easterly  side  of  Rising  Sun 
lane,  aforesaid,  continued  in  a  straight  line  to  the  middle  of 
Brandywine  creek;  thence  along  the  middle  of  Brandywine 
creek  by  the  several  courses  thereof,  to  the  point  where  said 
line  intersects  the  present  city  line,  which  crosses  said  Brandy- 
wine creek  at  or  near  the  mouth  of  Crooked  run ;  thence  along 
the  present  city  line  to  the  place  of  beginning. 

(a)    See  See.  1,  paragraph  1,  "b"  and  "c." 

AVithin  the  limits  of  the  City  of  Wilmington  extended  by 
of^^city*^au-^  this  Act.  (*)  The  Mayor  and  Council  of  Wilmington  shall  be 
tended^^o  ' '  vcstcd  with  all  powcr,  rights,  privileges  and  immunities  which 
toiT'.  ^^^^'  before  this  time  belonged  to  them  as  a  municipal  corporation, 
(*)  Act  of  and  all  the  laws,  ordinances  and  regulations  in  force  within  the 
20^D.  L..  268!  former  city  limits,  and  not  locally  inapplicable,  shall  be  ex- 
tended («)  and  applied  to  the  new  territory  comprised  within 
the  boundaries  as  set  forth  in  the  first  section  of  this  Act. 

(fl)   See  Sec.  1,  paragraph  3,  "a." 

New  terri-  "^^^^  ^'^^^  estate  by  this  Act   (t)    added  to  and  included 

to^  mun^cfpai  within  the  city  limits,  and  all  persons  residing  now  or  here- 
taxation.  after  witliin  said  new  boundaries,  shall  be  subject  to  assess- 
Mavi''^is95  iiient  for  municipal  taxes  in  the  same  manner  and  subject  to 
20  i).  L..  2G9.  ^i-^Q  same  rights,  rules  and  restrictions  as  in  other  eases  within 
the  said  city;   («)     ************* 


(a)   See  Sec.  1,  paragraph  12,  "a." 
New  terri-  The  new  territory  hereby  added  to  the  said  City  of  AA^il- 

tory    part    of  ./  ^ 

Seventh         mington  shall  be  a  part  of  the  Seventh  ward  of  said  city,  and 

ward   and   of  ■-  ^  p  • 

Thh^d  as-       g,  part  of  the  Third  assessment  district  of  the  Citv  of  Wilmmg- 

sessment  '■  " 

district.  ton,  for  the  purpose  of  assessment  and  collection  of  taxes  for 

county  purposes.] 


CITY  CHARTER.  27 

[Further  extended  («)  as  follows,  namely  :  Beginning- at  j^^^^t^^l'o^gO' 
the  point  where  the  southerly  side  of  Lancaster  avenue  iiiter-^^ct^of^Maj^ 
sects  with  the  easterly  side  of  Greenhill  avenue ;  thence  north  58  "^^  ^■'  -^i- 
degrees  west,  ten  hundred  and  twenty  (1020)  feet  more  or  less 
along  said  southerly  side  of  Lancaster  avenue  extended  to  a 
point  where  the  westerly  side  of  Cleveland  avenue  intersects 
the  said  southerly  side  of  Lancaster  avenue  extended ;  thence 
north  32  degrees  east,  along  said  side  of  Cleveland  avenue  and 
parallel  to  Greenhill  avenue,  nineteen  hundred  and  ten  (1910) 
feet  more  or  less  to  the  southerly  side  of  Seventh  street  ex- 
tended; thence  south  58  degrees  east,  along  said  side  of 
Seventh  street  extended,  nine  hundred  and  sixty  (960)  feet 
more  or  less  to  the  point  where  said  side  of  Seventh  street  ex- 
tended intersects  the  westerly  side  of  Greenhill  avenue ;  thence 
north  32  degrees  east  along  the  westerly  side  of  Greenhill  ave- 
nue, two  thousand  and  four  hundred  (2-100)  feet  more  or  less 
to  the  northerly  side  of  the  Kennett  turnpike  road;  thence 
thereby  easterly  sixty  (60)  feet  more  or  less  to  the  easterly 
side  of  Greenhill  avenue;  and  thence  south  32  degrees  west, 
along  said  easterly  side  of  Greenhill  avenue,  four  thousand 
and  three  hundred  (4300)  feet  more  or  less  to  the  northerly 
side  of  Lancaster  avenue  and  place  of  beginriing. 

(a)    See  Sec.  1,  paragi-apli  1,  "b"  and  "c." 
Within  the  limits  of  the  Citv  of  Wilmington  extended  by  city  control 

and  govern- 

this  Act,  (*)  The  Mayor  and  Council  of  Wilmingtoii  shall  be  ment  ex- 

'    ^     '^  ''  .    .       tended  to 

vested  with  all  poAver,  rights  and  privileges  and  immunities  new  teni- 

ir  ?        o  i  o  ^    ^  tory. 

which  before  this  time  belonged  to  them  as  a  municipal  corpo-       ^^^  ^^ 

ration,  and  all  the  laws,  ordinances  and  regulations  in  force  May  25,  isn. 

within  the  former  city  limits  and  not  locally  inapplicable,  shall 

be  extended   («)   and  applied  to  the  new  territory  comprised 

within  the  boundaries  as  set  forth  in  the  first  section  of  this 

Act. 

(a)   See  Sec.  1,  paragraph  3,  "a." 

The  real  estate  bv  this  Act  (t)  added  to  and  included  subject  to 

....        city   taxa- 

withni  the  city  limits  and  all  persons  now  or  hereafter  residmg  tion. 

within   said   boundaries   shall   be    subject   to    assessment    for  (i)  Act  of 

.  May  25,  1898. 

municipal  taxes  in  the  same  manner  and  subject  to  the  same  21  d.  l.,  242. 
rights,  rules  and  restrictions  as  in  other  cases  within  said  city. 


28 


CITY  CHxVRTER. 


Division  of 
new  terri- 
tory among 
wards. 


All  that  portion  of  the  new  territory  hereby  added  to  the 
said  city  lying  south  of  Sixth  street  shall  be  a  part  of  the 
Twelfth  ward  thereof,  all  that  portion  hdng  between  Sixth 
street  and  Ninth  street  shall  be  a  part  of  the  Fifth  ward  there- 
of, and  all  that  portion  lying  north  of  Ninth  street  shall  be  a 
part  of  the  Seventh  ward  thereof.]  («) 

(a)  The  above  constitutes  the  present  corporate  limits  of  "The 
Mayor  and  Council  of  Wilmington. ' '  A  slight  repetition  showing  to 
what  extent  it  is  merely  the  creature  of  the  Legislature,  may  here  be 
given : 

Spruance,  J.:  ' '  The  Mayor  and  Council  of  Wilmington  is  merely  an 
agency  instituted  by  the  State  for  the  puri^ose  of 
carrying  out  in  detail  the  objects  of  government.  It  is  essentially  a  re- 
vocable agency.  It  has  no  vested  (interest  in)  any  of  its  powers  or  fran- 
chises. Its  claarter  "  *  *  is  in  no  sense  a  contract  with  the  State. 
It  is  subject  to  the  control  of  the  Legislature,  who  may  enlarge  or  di- 
minish its  territorial  extent  or  its  functions,  and  may  change  or  modify 
its  internal  arrangement  or  destroy  its  very  existence  at  discretion. ' ' 

Mayor  and  Council  of  Wil.  vs.  Ewing,  2  Penn.  66  at  99.   (yr.  1899) 


Corporate 
name  and 
authority. 


Sec.  2.  The  style  and  name  of  the  corporation  of  the  said 
city  shall  be  "The  Mayor  and  Council  of  Wilmington ;"  («)  and 
by  that  name  they  shall  be  and  are  hereby  made  able  and  cap- 
able in  law  to  have,  take,  purchase,  receive,  possess,  enjoy  and 
retain.  (^)  to  them  and  their  successors,  lands,  tenements, 
hereditaments,  goods,  chattels  and  effects,  of  what  kind,  nature 
or  quality  soever,  and  the  same  to  sell,  grant,  demise,  alien  or 
dispose  of,  to  sue  and  be  sued,  (<^)  implead  and  be  impleaded, 
answer  and  be  answered,  defend  and  be  defended,  in  all  courts 
of  law  and  equity  or  any  other  place  whatsoever,  and  also  to 
make,  have  and  use  a  common  seal,  and  the  same  to  break,  alter 
and  renew  at  their  pleasure,  and  generally  to  have  all  the  privi- 
leges and  franchises  incident  to  a  corporation  or  body  poli- 
tic. {(1)  .  . 

(«)    Saulshury,   Ch.:      "The   style  and  name  of  the   corporation  is 

"The   Mayor    and    Council    of   Wilmington," 

and  it  is  declared  by  its  Charter,  that,  by  that  name,  they  shall  be,  and 

are  hereby  made,  able  and  capable  in  law,  to  have,  take,  purchase,"  &e. 

Coyle  vs.  Mclntire,  7  Houst.  44  at  90.   (yr.  1884) 

' '  The  Legislature  can  change  the  name  and  style  of  the  corporation, 
and  even  of  the  city  itself,  without  the  consent,  and  even  against  the  will 
of  the  inhabitants, ' '  &c.    id.  p.  98. 

(b)  "The  uses  for.  which  the  corporation  may  acquire  and  hold 
projjerty  must,  necessarily,  we  think,  be  public  uses, ' '  &c.     id.  p.  94. 

"The  municipality  may  hold  property,  in  which  all  the  inhabitants 
of  a  State,  or  of  a  county,  may  be  said  to  have  an  interest  in  some  re- 


CITY  CHARTER.  29 

spect,  but  not  as  owners  or  projirietors.  And  it  may  also  hold  property 
in  which  the  inhabitants  of  the  municipality  alone  may  properly  be  said 
to  have  an  interest.  Both  classes  of  property  are  public.  The  one  as  to 
the  people  of  the  whole  State  or  county,  the  other  more  particularly  as  to 
the  inhabitants  of  the  municipality.  *  *  *  Although  the  jiropeity 
held  for  the  municipality  is  in  fact  public  as  common  to  all  the  inhaln- 
tants  of  a  city,  it  nevertheless  may  justly  be  said  to  bo  private  i)roperty, 
as  being  such  property  as  is  exempt  from  being  taken  or  applied  to  any 
other  public  use  by  the  State,  or  by  authority  of  the  State,  without  com- 
pensation being  made. ' '  id.  p.  95-96. 

(c)  In  a  suit  brought  by  the  city,  it  was  held  that  the  City  Treas- 
urer could  not  make  an  alMdavit  of  demand. 

Mayor  and  Council  of  Wil.  vs.  Hedges  &  McClung,  5  liar.  421  at 
422.    (yr.   1853) 

(It  would  seem  that  it  is  otherwise,  now,  by  Sec.  4,  p.  790,  Eev. 
Code.) 

The  city,  like  an  individual,  maj'  sue  and  be  sued,  but  the  Legislature 
may  exempt  it  from  liability  for  damages  arising  from  injuries  received 
from  defective  conditions  of  sidewalks,  where  the  same  were  not  caused 
by  the  city  or  any  of  its  authorized  agents.  In  such  cases  the  Court  said : 
^Spruance,  J.:  "The  plaintiffs  have  no  vested  right  to  sue  the  city," 
and  the  liability  ' '  imjilied  by  law  from  the  duty  im- 
posed by  law, ' '  may  be  removed. 

Mayor  and  Council  of  Wil.  vs.  Ewiug,  2  Penn.  66  at  105.   (yr.  1899) 

(See  Sees.  119-120  and  121  of  the  Charter.) 

And  the  city  is  not  subject  to  garnishment. 

Boyce,  J.:  " We  say  to  you  that  persons  holding  property  or 
money  *  "  under  public  authority,  such  as  *  * 
public  officers  and  municipal  corporations,  are  not  ordinarily  subject  to 
garnishment. ' ' 

Eossell  vs.  Bartram,  1  Penn.  242  at  244.  (yr.  1898) 

The  Court  referring  to  this  case,  in  a  later  case,  said: 

Lore,  C.  J.:  "Garnishment  will  not  lie  against  one  holding  as  city 
agent,  money  due  a  municipal  commission  appointed 
in  its  behalf. ' ' 

Farmers  Bank  vs.  Ball,  St.  Treas.  2  Penn.  374  at  377.  (yr.  1900) 

In  the  above  case  Eossell  had  been  paid  money  by  the  city  for  a 
commission.  The  question  was,  did  he  hold  the  money  as  agent  for  the 
city,  or  as  agent  for  the  conuuission.  If  for  the  city  he  could  not  be 
garnisbeed. 

Nor  can  the  city  be  sued,  or  its  property  be  affecte  1  by  a  mechan- 
ic's lien.     Execution  process  will  not  lie  against  a  city. 

Lore,  C.  J.:  "  This  is  not  the  ascertainment  of  the  amount  of  the 
liability  on  the  part  of  a  municipal  corporation  for  its 
own  debt,  but  it  is  the  special  condemnation  of  the  particular  piece  of 
property  in  execution,  a  proceeding  in  rem  as  it  were.  It  is  sought  here 
to  extend  the  remedy  to  municipal  property.  This  the  courts  will  not  do, 
unless  it  is  expressly  provided  for  in  the  statute. ' ' 

Emory  &  Co.  vs.  Com.  of  Laurel,  3  Penn.  67  at  69.  (yr.  1900) 

Quinby  &  Co.  vs.  Wilmington,  5  Houst.  26  at  31.   (yr!  1875) 

In  the  above  cases  the  town  of  Laurel  and  the  city  of  Wilmington 
had  work  done  on  its  water  works  and  city  mill,  respectively.  The  per- 
sons who  furnished  materials  to  tlie  contractors  endeavored  to  collect  tlieir 
money  by  entering  a  mechanic's  lien  against  the  buildings.  The  Court 
held  it  could  not  be  done. 

The  city  cannot  be  sued  for  salary  by  one  not  in  possession  of  office 
(there  being  a  de  facto  incumbent)  until  he  first,  at  least,  establish  liis 
right  to  the  office  by  quo  warranto  jiroceedings. 

Lee  vs.  Wilmington,  1  Marv.  65.  (yr.  1894)  (See  Sec.  108  of  the 
Charter.) 


30  CITY  CHARTER. 

The  jihrase,  "to  sue  and  be  sued,"  does  not  give  the  city  the  right 
to  bring  a  criminal  prosecution  in  its  own  name. 

Dover  vs.  Tawressey,  2  Marv.  285  at  28S.  (yr.  1896).  (See  See.  15, 
paragraph  4,  "  a.  "  ) 

(d)  This  section  (Section  2),  is  practically  the  life  of  the  corpora- 
tion. 

Saiihbury,  Ch.:     "It  is  because  it  is  a  body  politic,  and  has  a  legal 

entity  and  name  and  a  seal  by  which  it  can  act," 

*     *     and  "the  capacity  to  contract  and  be  contracted  with,  to  sue  and 

be  sued,  to  hold  and  dispose  of  property.    It  is  because  it  has  this  capacity 

and  these  powers  that  it  can  acquire  rights  and  incur  responsibilities. ' ' 

Coyle  vs.  Mclntire,  7  Houst.  44  at  92.  (yr.  1884) 

CITY  OFFICERS. 

City  officers.  Sec.  3.    The  city  officers  shall  be  a  Mayor,  a  Council  to  be 

19*^^  1889.  ^18  composed  of  [one  member]  from  each  ward  of  said  cit}',  a 
President  of  said  Council  who  shall  be  ex-ojficio  a  member  and 
the  presiding  officer  of  said  Council,  a  Treasurer,  an  Auditor, 
a  Solicitor,  a  High  Constable,^  two  Assessors  who  shall  also  be 
Collectors,  ********** 
and  such  other  officers  as  the  Council  by  ordinance  shall  create 
and  appoint.  («) 

{a)    The  Court:      "Public  olKces  in  this  country  are  created  solely 
for  the   public   good,   and   not   for   private   emolu- 
ment or  benefit,  and  the  tenure  of  them  can  in  no  case  be  considered  or 
treated  as  the  private  property  of  the  incumbent  to  be  bargained  for  and 
sold  as  such. ' '     Any  deal  made  concerning  an  office  is  void. 
Stroud  vs.  Smith,  4  Houst.  448  at  450.   (yr.  1872) 
These  and  other  municipal  offices  can  be  abolished,  any  time,  at  the 
will  of  the  Legislature. 

SanJshury,  Ch.:  "All  the  agencies  of  the  city,  that  is  of  the  cor- 
porators, can  be  abolished  or  changed,  at  the  will  of  the  Legislature,  and 
even  their  functions  terminated  and  assigned  to  other  and  different 
agencies. ' ' 

Coyle  vs.  Mclntire,  7  Houst.  44  at  98.   (yr.  1884) 

State  ex  rel  McVey  vs.  Burris,  4  Penn.  3,  at  4  and  5.  (yr.  1901) 

Board°^^How  [There  shall  also  be  an  Advisory  Board  consisting  of  the 

of'^ApHi^?^  Presidents  of  all  the  follo^vang  Departments  of  the  city,  viz: 
L^!'^307."°  ^'  Water  Department,  Street  and  Sewer  Department,  Park  De- 
partment. Police  Commission,  Board  of  Health,  and  including 
also  the  President  of  the  Board  of  Public  Education  in  Wil- 
mington, and  of  such  two  members  of  the  Council  as  shall  be 
chosen  bv  the  Council. — both  of  whom  shall  not  be  of  the  same 


1.     The  duties  of  the  High  Constable  are  now  performed  by  the  Chief 
of  Police.     See  Police  Commission  Act. 


CITY  CHARTER.  31 

political  party.    All  elective  and  appointive  officers  of  the  city  ,^e^e°ii||]fie 
shall  be  eligible  to  re-election  or  re-appointment  respectively 
as  the  case  may  be.] 

Sec.  -1.    No  person  shall  be  eligible  to  any  office  who  is  not,  Eligibility. 
at  his  election,  a  citizen  of  the  State  and  a  resident  (")  of  the 
city.    The  Mayor  must  have  resided  in  the  city  two  years  next 
before  his  election.    A  member  of  Council  must  also  have  re-  .^    . , 

Residence. 

sided  in  the  city  two  years  before  his  election,  and  must  addi- 
tionally be,  at  the  time  of  his  election,  a  resident  in  the  ward  in 
which  he  is  elected  and  a  freeholder  in  the  city. 

(a)  It  is  often  a  difficult  matter  to  determine  whether  a  person  is, 
or  is  not,  a  ' '  resident. ' ' 

T]ie  Court :  One  ' '  cannot  have  two  homes  at  the  same  time.  When 
he  acc|uires  another,  he  loses  that  home  which  he  has 
exchanged  for  the  new  one.  *  *  Doniieil,  or  residence,  in  a  legal  sense, 
is  determined  by  the  intention  of  the  party. ' ' 

State  vs.  Frest,  4  Har.  558.  (yr.  1844) 

No  ordained  clergyman,  or  ordained  minister  of  the  gos- P^^'^.^y,"?^" 

^•'  '  ^         ineligible. 

pel  of  any  denomination,  shall  be  eligible  to  any  office  estab- 
lished under  or  by  virtue  of  this  Act.  («) 

(a)  Our  State  Constitutions,  up  until  1897,  contained  a  provision 
practically  similar  to  the  above.  The  Constitution  of  1897  omits  all  ref- 
erence to  it.  About  1840,  one  John  Hagany,  a  minister,  claimed  he  was 
elected  City  Treasurer  of  Wilmington.  The  question  was,  whether  the 
office  of  ' '  City  Treasurer ' '  was  a  ' '  civil  office  in  this  State. ' '  The  Court 
held  it  was  not;  in  other  words  it  held  the  constitutional  provision  did 
not  apply  to  municipal  offices.  The  reason  given  for  the  exclusion,  from 
office,  of  ministers  of  the  gospel,  is  as  follows: 

Harrington,  Justice.:  "The  principle  which  this  clause  of  the  con- 
stitution is  supposed  to  announce  is,  that  or- 
dained clergymen  shall  not  be  employed  in  administering  the  government. 
It  doubtless  grew  out  of  a  wise  determination  to  keep  the  affairs  of  the 
church  separate  from  affairs  of  State,  and  by  excluding  from  public  office 
ministers  of  the  gospel,  to  exclude  also,  any  improper  influence  from  that 
source  on  public  affairs. ' ' 

State  vs.  Wil.  City  Council,  3  Har.  294  at  302.    (yr.  1840) 

(See  Sec.  32,  note  "b"  of  the  Charter.) 

Sec.  5.    Every  officer  of  said  city,  before  he  enters  upon  Oath  of 
the  duties  of  his  office,  shall  take  an  oath,  or  affirmation,  to  sup- 
port the  Constitution  of  the  United  States,  and  the  Constitu- 
tion of  the  State  of  Delaware,  and  that  he  will  perform  the 
duties  of  the  office  to  which  he  has  been  elected,  or  appointed. 


32  CITY  CHARTER. 

Act  of  April    ^rith  fidelity.  («)     [Such  oath  or  affirmation  may  be  adminis- 
D.  L^  S84.     tered  bv  the  Citv  Judsje,  or  bv  any  officer  authorized  under  the 

By  whom  ad-  "  -  ^    t  .  , 

ministered,     i^ws  of  this  State  to  administer  oaths  or  affirmations.] 

(a)  This  oath  is  similar  to  the  one  contained  in  Art.  XIV  of  the 
Constitution  of  our  State,  except  that  the  constitutional  oath  concludes  as 
follows:     "According  to  the  best  of  my  ability." 

In  the  case  of  State  vs.  Matlack  et  al.  5  Penn,  402,  it  was  contended 
that  the  constitutional  oath  applied  to  all  ' '  jjublic  officers. ' '  The  Court, 
without  deciding  the  matter,  admitted,  in  evidence,  the  Primary  election 
law  oath,  420-422.  The  oath  in  See.  5,  above,  is  the  oath  that  should  be 
administered  to  all  municipal  officers.  The  law  is  briefly  stated,  as  fol- 
lows : 

Harrington,  Justice.:  "the  Constitution  nowhere  descends  to  no- 
tice a  corporation  officer.  Such  an  office 
forms  no  part  of  the  system  of  government,"  &c. 

State  vs.  Wil.  City'Council,  3  Har.  294  at  302.  (yr.  1840) 

Nicholson,  Ch.:  "It  cannot  be  doubted,  as  a  general  proposition  of 
law  applying  to  the  construction  of  statutory  and 
constitutional  provisions  alike,  that  the  words  "offices"  or  "officers" 
taken  by  themselves,  in  a  statute  or  Constitution,  mean  State  or  county 
* '  offices "  or  "  officers ' '  only  and  cannot  be  construed  to  mean  the  of- 
fices or  officers  of  municipal  or  other  corporations,  unless  there  be  lan- 
guage expressly  or  by  necessary  implication  extending  their  meaning  to 
corporation  officers. ' ' 

State  vs.  Churchman,  3  Penn.  361  at  365.   (yr.  1902) 

See  the  case  of  Huey  vs.  Richardson,  2  Har.  206.  (yr.  1837) 

MAYOR. 

Sec.  6.  [At  the  city  election  to  be  held  on  the  first  Satur- 
day in  June,  A.  D.  1907,  and  on  the  same  day  in  every  [sec- 

Act  of  ]Vl3.rcli        ' 

25,  1907.     24  ondP  («)  vcar  thereafter,  the  qualified  voters  of  the  City  of 

D.    L.     344.  J        \     /     -  ;  J. 

Act  of  March  Wilmino'tou  shall  vote  for  a  Mayor  who  shall  be  elected  by  a  plu^ 

25     1907.      24  .  ... 

D.'  L.,  35G.      rality  of  all  the  votes  cast  in  the  several  election  districts.   The 
election.         Mayor  shall  hold  office  for  the  term  of  two  years  commencing 
on  the  first  day  of  July  next  succeedino:  his  election.    The  sal- 
ary of  the  Mayor  shall  be  two  thousand  dollars  per  annum, 
payable  in  the  same  manner  as  other  cit}^  officials  are  paid.] 

Salary  c^,)   rpj^^,  q^^^^^  jq  Banc,  on  June  7,  1910.  decided  that  the  Act  of 

March  25,  1907,  24  Del.  Laws,  p.  356,  was  void,  because  the  aye  and  nay 
vote  did  not  appear  upon  the  Journals  of  the  respective  Houses  of  the 
Legislature. 

(The  note,  referring  to  the  appendix,  is  self-explanatory.) 

Eash  vs.  Allen  (yr.  1909)   App.  Dock.  317  and  387. 

Ross  vs.  Allmoncl  (yr.  1909)   App.  Dock.  318  and  388. 

(A  dissenting  opinion,  on  the  above  point,  was  rendered  in  the  above 
cases.) 

The  Mayor,  under  the  Charter  of  1832,  was  appointed  by  ' '  The 
Council. ' ' 

Mayor  and  Council  of  Wil.  vs.  Horn,  2  Har.  190.  (yr.  1837) 

1.     See  memorandum  in  the  appendix,  page  3,  note  1.  this  volume. 


Term 


CITY  CHARTER.  33 

Sec.  7.    The  INIayor  is  hereby  constituted  a  conservator  of 
the  peace  within  the  said  city,  and  it  shall  be  his  duty  to  take  Duties. 
care  to  have  the  laws  and  ordinances  of  the  said  city  faithfully 
executed.     [For  the  purpose  of  enforcino-  the  faithful  execu- 

'-  i:-      f  3  ^^^  Qj  March 

tion  of  said  laws  and  ordinances,  and  of  obtaining'  any  mior-  -5,  i907.    24 

^        .  .  ".         .'  D.   L.,  344. 

mation  concerning  matters  affecting  the  municipality,  the 
j\Iayor  shall  have  power  and  authority,  in  any  inquiry  or  in-  Powers, 
vestigation  which  he  may  institute,  to  compel  the  attendance 
of  witnesses  and  the  production  of  necessary  books  and  papers, 
at  any  time  and  place  within  the  city  he  may  designate.  He 
may  issue  subpoenas  and  attachments,  signed  by  himself,  to 
compel  the  attendance  of  such  witnesses  and  the  production  of 
any  and  all  such  books  and  papers,  which  such  subpoenas  and 
attachments  shall  be  served  and  executed  by  any  police  officer 
of  the  city.  If  any  person  so  summoned  as  a  witness  shall  re- 
fuse to  testify  to  any  facts  within  his  knowledge,  or  to  produce 
the  books  in  his  custody  or  possession,  or  under  his  control,  re- 
quired in  such  inquiry  or  investigation,  the  Mayor  shall  have 
power  to  commit  such  Avitness  for  contempt.  All  witnesses  in 
any  such  inquiry  or  investigation  shall  be  examined  under 
oath  to  be  administered  by  the  j\Iayor,  and  any  false  answer  or 
statement  made  under  oath  by  any  such  witness  at  such  in- 
quiry or  investigation  shall  be  deemed  perjury,  and  shall  be 
punished  accordingly.  The  expenses  of  any  such  inquiry  or 
investigation  shall  be  paid  by  The  Council  upon  bills  pre- 
sented to  such  body,  approved  as  correct  by  the  ^Nlayor.]  He 
shall  have  the  custody  of  the  seal  of  the  corporation  and  the  seal  °*^^° 
right  of  affixing  the  same.  («) 

(a)  The  Mayor  is  simply  the  custodian  of  the  seal  of  the  corpora- 
tion. If  ' '  The  Council, "  or  a  co-ordinate  branch  of  the  municipality 
make  a  contract,  it  is  the  Mayor's  duty  to  sign  the  contract,  and  affix  the 
corporate  seal  to  it,  no  matter  what  he  may  think  of  it. 

Lore,  C.  J.:  "As  the  ordinance  vests  in  ' '  The  Council ' '  the  exclu- 
sive right  to  *  *  award  these  contracts,  and  the 
function  of  tlie  Mayor  in  signing  and  affixing  the  seal  of  the  city  is  mere- 
ly ministerial,  we  think  he  ought  to  do  it.  *  *  The  Mayor  is  not  to 
undertake  to  decide  between  parties  what  is  legal  or  illegal. ' ' 

McCormick  vs.  Fisher,  .5  Penn.  273  at  276.   (yr.  1903) 

In  the  above  case  ' '  The  Council ' '  made  a  contract  for  the  collection 
and  removal  of  garbage.  Mayor  Ksher  refused  to  sign  it,  and  the  Court 
ordered  him  to  do  it. 

Shortly  after  the  above  decision,  the  Water  Department  made  a  con- 
tract with  the  United  States  Sand  Filtration  Company,  and  the  Mayor  re- 


34 


CITY  CHARTER. 


fusing  to  sign  it,  he  was  mandamused,  and  ordered  by  the  Court  to  do  so. 
(the  case  is  unreported.) 

United  States  Sand  Filtration  vs.  Bird  (yr.  1904)  App.  Dock.  p.  225. 


May  take 
acknowledg 
ments,  etc. 


Fee. 


Sec.  8.  The  Mayor  shall  have  power  to  take  and  certify 
under  his  hand  and  seal  of  office,  the  acknowledgment  of  deeds, 
and  letters  of  attorney,  and  the  private  examination  of  mar- 
ried women,  parties  to  such  deeds,  in  like  manner  as  a  judge  or 
notary  public  may  do ;  for  which  service  he  shall  receive  a  fee 
of  seventy-five  cents,  and  no  more,  whether  there  be  one  or 
more  parties  to  the  deed. 


Solemnizing 
marriages. 


Sec.  9.  The  ]\Iayor  shall  also  have  authority  within  the 
city,  in  like  manner  as  a  preacher  of  the  gospel,  to  solemnize 
marriages,  («)  and  shall  keep  a  like  register,  and  certify  an  ex- 
tract therefrom  to  the  Recorder  of  New  Castle  County  in  like 
manner,  and  shall  receive  the  same  fee,  and  be  subject  to  the 
same  penalties  touching  the  solemnization  of  marriage,  and 
keeping  a  registry  thereof,  as  is  a  preacher  of  the  gospel  under 
the  existing,  or  any  subsequent  laws  of  this  State. 

(a)  In  case  of  void  marriages  by  the  Mayor,  the  only  remedy  is  the 
Legislature. 

The  Court:  "The  Legislature  has  the  power  to  declare  what  shall 
be  valid  marriages.  They  can  annul  marriages  already 
existing — a  fortiori,  they  can  render  valid  marriages,  which,  when  they 
took  place  were  against  law.  They  can  exercise  the  power  of  mar- 
riage, or  delegate  it  to  others.  The  whole  subject  is  one  of  legislative 
regulation. ' ' 

Moore  vs.  Whitaker,  2  Har.  50  at  51.  (yr.  1S36) 

(See  p.  3,  note  2,  Appendix.) 


In  absence  Sec.  10.    In  casc  of  the  tcmporarv  absence  of  the  Mavor 

or  disability  "  p  p  " 

of  Mayor,      from  the  citv,  or  temporarv  disability  to  perform  the  functions 

President    of  *  »'  x- 

Councii  shall  of  liis  officc,  the  President  of  Council  shall,  during  the  con- 
act.  .  .  . 

tinuance  of  such  absence  or  disability,  assume  and  discharge 

the  duties  of  Mayor  pro  tempore,  with  all  the  powers  and  au- 
thorities of  the  jMayor  for  the  time  being.  In  case  of  the  in- 
ability of  the  President  of  Council  to  act  as  ]\Iayor  pro  tem- 
pore, Council  shall  make  appointment  of  a  JMayor  pro  tem- 
pore from  the  members  of  Council  to  act  during  such  tem- 
porary- absence,  or  inability  to  act,  of  the  said  Mayor. 


CITY  CHARTER.  35 

Sec.  11.    In   case   of  the   death,  removal  from  the  city,  men?s"made 

resignation,  or  refusal  to  act,  of  the  Mavor  or  anj'  other  elec- 1'^  T,?""*^'' 
°  '  '  "  *'  to  fill  va- 

tive  officer  of  said  city,  or  in  case  of  the  removaP  of  any  mem-  cancies. 
ber  of  Council  out  of  the  ward  for  which  he  was  elected,  the 
Council  shall  make  temporarj^  appointments  to  supply  such 
vacancies  until  the  same  can  be  filled  by  election  under  the 
provisions  of  this  Act.  Such  election  shall  be  for  the  unexpired 

Elections. 

term  of  such  officer,  and  shall  take  place  at  the  first  city  elec-  when  hem. 
tion  occurring  more  than  nine  days  after  the  commencement  of 
such  vacancy,  unless  such  vacancy  shall  occur  in  the  last  3'ear 
of  the  term  of  said  officer,  in  which  case  the  temporary  ap- 
pointment of  Council  shall  be  for  the  unexpired  term  of  said 
officer,  and  until  his  successor  shall  be  duly  elected  and  quali- 
fied. The  provisions  of  this  section  shall  apply  to  any  elective 
office  to  which  a  person  who  has  been  elected  thereto  shall  be 
found  ineligible,  or  shall  fail  to  give  bond  for  the  faithful  per- 
formance of  the  duties  of  his  office  (when  such  bond  is  re- 
quired by  laAv)  before  the  time  fixed  for  entering  upon  the 
duties  of  his  office.  («) 

(a)  The  phrase  "before  the  time  fixed  for  entering  upon  the  duties 
of  his  office, ' '  in  reference  to  the  giving  of  bonds,  is  the  language  almost 
invariably  used  in  connection  with  our  municipal  offices. 

The  intent  seems  to  be,  that  where  a  bond  is  required,  it  must  be 
given  before  the  time  fixed  for  entering  upon  the  duties  of  the  office.  In 
the  absence  of  such  an  intent  the  law  seems  to  be  as  follows: 

' '  Provisions  in  statutes  for  the  taking  of  official  bonds  are  directory 
only,  and  not  conditions  jirecedent  to  the  exercise  of  the  office,  unless  ex- 
pressed to  be  such. ' ' 

Pickering  vs.  Day,  2  Del.  Ch.  333  at  334.   (syllabus)    (yr.  18G6) 

(The  above  phrase  is  construed  in  the  above  case  on  pjj.  379-385.) 

Sec.  12.    The  seal  now  used  as  the  seal  of  office  of  the  said  Seai. 
Mayor  shall  continue  to  be  used  as  such  until  the  same  shall  be 
changed,  altered,  or  renewed  by  the  Council. 

Sec.  13.     The  JMavor  mav  be  removed  bv  a  vote  of  two-  Removal  of 

Mayor. 

thirds  of  the  whole  Council  after  a  fair  and  impartial  trial 
upon  which  he  shall  by  such  trial  be  found  guilty  of  the  charge 


1.  A  member  moving  out  of  the  ward  from  which  he  was  elected  shall 
thereby  lose  his  office  and  the  City  Council  shall  fill  the  vacancy.  See  Act 
April  6,  1893,  19  D.  L.  989,  Sec.  12. 


36  CITY  CHARTER. 

or  charges  preferred  against  him.  The  reasons  for  the  removal 
shall  be  entered  on  the  journal.  («) 

(a)  Eemoval  undei'  the  above  section  lias  reference  to  wrong  doing. 
Liability  is  not  snpposed  to  attach  where  one  acts  in  good  faith  and  ac- 
cording to  one's  best  judgment,  especially  when  concerned  in  planning 
or  doing  something  for  the  improvement  or  good  of  the  city. 

Comegys,  J.:  "  The  City  of  Wilmington  can  by  itself  (it  being  a 
mere  public  cor^joratiou  or  municipal  body)  do  noth- 
ing towards  deciding  upon  or  making  any  improvement  whatever.  It 
acts,  however,  through  agents  in  making  its  decisions  as  to  action.  It  is 
they  who  represent  the  city,  exercising  its  public  functions  through  their 
own  discretionary  judgment.  They  are  not  liable  for  any  error  of  judg- 
ment," &c. 

Harrigan  vs.  Wilmington,  8  Houst.  140  at  143.  (yr.  1888) 

Huey  vs.  Eichardson,  2  Har.  206.   (yr.  1837) 

Act  of  March  [All  appointments  to  office  which  the  JNIavor,  bv  law  now 

05     1907       24  *  ' 

b.'  L.,  347. "  or  hereafter  may  have  power  to  make,  shall  be  subject  to  con- 
firmation by  The  Council,  by  a  majority  vote  of  all  the  mem- 
bers elected  thereto.  Appointments  not  acted  upon  by  The 
poihtments  Council  within  ten  days  after  the  same  are  made  and  sent  to 
firmed  by  The  Council  sliall  be  valid  without  confirmation.  And  if  The 
Council  should  act  adversely  upon  two  successive  appoint- 
ments to  any  .office,  the  Mayor  shall  have  power  to  make  the 
third  appointment  in  accordance  with  existing  law.] 

MUNICIPAL  COURT. 

Sec.  14.  From  and  after  the  first  day  of  June,  A.  D.  1883, 
Court.  there  shall  be  and  is  hereby  established  within  the  said  city  a 

court  of  record  and  of  law  which  shall  be  known  by  the  name, 
style  and  title  of  "The  Municipal  Court  for  the  City  of  Wil- 
mington," («)  and  it  shall  be  the  duty  of  the  Governor,  before 
the  first  day  of  June  aforesaid,  to  appoint  (^)  and  commission 
a  City  Judge,  (c)  who  shall  have  power  and  authoritv  to  hold 

Governor  to  ^  r-    5    \    /  1  . 

appoint  City  and  keep  said  court  of  record.  No  person  shall  be  eligible  to  the 

Judge.  ^  ^  •  ■- 

.^,.  .,  .,.^        office  of  City  Judge  unless  he  be  a  man  learned  in  the  law,  and 

Eligibility.  ^  ^ 

of  at  least  seven  years  standing  as  a  practising  attorney  in  the 
Superior  Court  of  this  State.     The  City  Judge  shall  hold  his 
Term.  officfc  for  the  term  of  twelve  years,  unless  sooner  removed  by 

the  General  Assembly,  (f^  Upon  his  appointment  he  shall  take 
oa^h  of  of-  the  oath  of  office  prescribed  by  Article  VIII  of  the  Constitu- 
Act  of  March  ^^^^  ^^  ^^^^^  State.  [The  terms  of  said  court  shall  commence 
d'l  ^3^4^4    ^^  ^^  ^^^  ^^^^  Monday  of  each  and  every  month,  and  the  sessions 


CITY  CHARTER.  37 

of  the  said  conrt  during  any  term  may  be  adjourned  or  other-  ^ou^t^  °^ 
wise  continued  from  time  to  time  as  public  business  may  re- 
quire. Provided,  nevertheless,  and  it  is  hereby  expressly  made 
the  duty  of  the  City  Judge  to  so  regulate  the  said  court,  that 
there  shall  be  sessions  of  the  same  on  every  Monday,  Wednes- 
day and  Saturday  evenings  throughout  the  year  after  the  hour 
of  seven  o'clock.]  It  shall  be  the  duty  of  the  Council  of  said 
city,  and  the  same  is  hereby  authorized  and  directed,  immedi- 
ately after  the  passage  of  this  act,  to  provide  some  suitable 
place  in  the  city  hall,  or  such  other  place  as  the  Council  shall 
provide,  for  the  holding  of  said  Municipal  Court,  and  all  ex- 
penses of  said  court  for  books,  records,  writs,  and  other  papers 
necessary  for  the  said  court  shall  be  paid  by  the  Council  upon 
a  bill  presented  to  the  same,  verified  by  the  affidavit  of  the 
City  Judge,  and  shall  be  paid  in  the  same  manner  as  other 
bills  against  said  city  are  now  paid.        ***** 

(a)  TTolcott,  Cli.:  "By  Section  14  of  the  charter  a  municipal  court 
is  created, ' '  &c. 

Mayor  and  Council  of  Wil.  vs.  Yandegrift,  1  Marv.  5  at  13.  (vr. 
1893) 

Nicholson,  Ch.:  "The  Municipal  Court  is  a  statutory  tribunal,  pro- 
vided for  in  the  charter  or  organic  act  of  the  City 
of  Wilmington,  being  Chap.  207,  Vol.  17,  Del.  Laws,  *  *  passed  April 
19,  1883." 

State  vs.  Churchman,  3  Penn.  361  at  362.   (yr.  1902) 

Spruance,  J.:  "The  Municipal  Court  for  the  City  of  Wilmington 
was  established  by  an  act  of  the  General  Assembly, 
passed  April  13,  1883,  being  Chapter  207  of  Volume  17,  Laws  of  Dela- 
ware. The  said  Court  was  created  pursuant  to  Sections  1  and  15  of  Ar- 
ticle 6  of  the  Constitution  of  1831,"  &c. 

Zuchowski  vs.  State,  3  Penn.  339  at  340.   (yr.  1901) 

The  present  Municipal  Court  is  practically  the  same  as  the  old 
"Mayor's  Court." 

(The  Mayor's  Court  consisted  of  "the  Mayor,  Alderman,  and  Presi- 
dent of  the  City  Council.")     8  D.  L.,  p.  102,  Sec.  17. 

Nicholson,  Ch.:  "In  fact,  the  only  important  differences  seem  to  be 
the  name  of  the  Court,  the  title  of  its  Judge,  and 
the  method  of  his  appointment.  It  is  the  Municipal  Court  for  the  City  of 
Wilmington,  instead  of  the  Mayor's  Court,"  &c. 

State  vs.  Churchman,  3  Penn.  361  at  370.   (yr.  1902) 

The  Municipal  Court  was  established  in  1883,  the  Mayor's  Court  in 
1832.  but  both  under  "Sections  1  and  15  of  Article  6  of  the  Constitution 
of  1831." 

Harrington,  Justice:     "The  origin  of  the  Mayor's  Court,  under  that 

name     *     *     is  admitted  to  be  under  an  Act 

of  Assembly,  entitled,  "A  supplement  to  the  act  entitled  an  act  to  alter 

and  re-establish  the  charter  of  the  borough  of  Wilmington,"  passed  at 

Dover,  Jan.  18,  1832'   (8  Vol.  97.") 


38  CITY*  CHARTER. 

Gray  vs.  The  State  of  Delaware,  2  Har.  76  at  88-89.  (yr.  1836) 
State  vs.  Churchmau,  3  Penn.  361  at  366.   (yr.  1902) 

And  this  Mayor's  Court  simiily  received  by  the  Act  of  1832  an  "en- 
largement" of  judicial  i>owers,  which  had  been  vested  in  the  corporation 
of  Wilmington  from  colonial  days. 

Harrington,  Justice:  "though  it  should  be  conceded  that  the  Court, 
as  a.  Mayor's  Court,  under  its  enlarged  juris- 
diction and  new  name,  is  established  by  the  Act  of  1832,  it  is  only  by  the 
increase  of  powers  of  officers  existing  before  the  constitution  *  * 
which  from  time  immemorial  were,  as  to  all  matters  arising  within  the 
corporation  limits,  justices  of  the  peace."  id  93. 

"The  corporation  of  Wilmington  enjoyed  by  patent  dated  in  1739 
the  right  to  elect  two  burgesses  and  six  assistants,  *  *  *  which  bur- 
gesses, by  the  same  patent,  and  also  by  the  Act  of  1772,  were  invested 
with  all  the  judicial  powers,  within  the  corporation  limits,  of  justices  of 
the  peace  within  the  county. ' '  id  93. 

(&)  Grubh,  J.:  "Under  and  by  virtue  of  this  constitutional  pro- 
vision contained  in  Section  15,  Article  6,  of  the 
late  Constitution,  the  statute  of  1883.  Chap.  207,  Vol.  17,  Laws  of  Dela- 
ware, and  the  acts  amendatory  thereof,  created  the  said  Municipal  Court 
for  the  City  of  Wilmington,  authorized  the  appointment  of  its  Judge  by 
the  Governor, ' '  &c. 

Forbes  &  Hartman  vs.  State,  2  Penn.  197  at  199.  (yr.  1899) 

The  Governor  appoints  under  the  Act  of  1883 ;  the  Council  appointed 
under  the  Act  of  1832,  viz  the  Mayor,  the  Alderman  and  President  of 
Council. 

Nicholson,  Cli.:  "It  is  the  Municipal  Court  for  the  City  of  Wil- 
mington, instead  of  the  Mayor's  Court;  its  Judge 
is  called  the  City  Judge  and  he  must  be  appointed  by  the  Governor,  in- 
stead of  being  chosen  bv  the  city. ' ' 

State  vs.  Churchman,  3  Penn.  361  at  370.   (yr.  1902) 

The  appointment  of  the  City  Judge  of  the  Municipal  Court  does  not 
have  to  be  confirmed  by  the  Senate. 

NicJwlson,  Cli.:  "It  is  considered  by  this  Court  that  the  appoint- 
ment of  the  plaintiff  to  be  City  Judge  of  the  Mu- 
nicipal Court  for  the  City  of  Wilmington  was  a  valid  appointment  with- 
out confirmation  bv  the  Senate, ' '  &c. 

State  vs.  Churchman,  3  Penn.  361  at  376.   (yr.  1902) 

(c)  The  Judge  of  the  Municipal  Court  may  be  a  public  official,  but 
he  is  a  municipal  and  not  a  State  officer. 

Layton,  Justice:      "Corporate  officers  are  not   State  officers,  other- 
wise bv  exjiress  provision  of  the  Constitution. ' ' 
State  vs.  Wilmington  City  Council,  3  Har.  294  at  310.  (yr.  1840) 
Harrington,  Justice:     "For  these  are  not  officers,  either  of  the  State 

or  countv,  but  of  the  corporation, ' '  &c. 
Gray  vs.  The  State  of  Delaware,  2  Har.  76  at  93.  (yr.  1836) 
Nicholson,  Ch.:     "In  view  of  all  the  considerations  adduced,  we  are 
brought  to  the  conclusion  that  the  word  ' '  officers ' ' 
in  the  appointing  clause  of  the  Constitution  of  1897  applies  to  State  and 
county  officers  only,  and  not  to  the  officers  of  a  municipal  corporation, 
and  also  that  the  City  Judge  of  the  Municipal  Court  for  the  City  of  Wil- 
mington is  an  officer  of  a  municipal  corporation."  <S:c. 
State  vs.  Churchman,  3  Penn.  361  at  373.  (yr.  1902) 
Mayor  and  Counc.  of  Wil.  vs.  Yandegrift,  IMarv.  5  at  IS.  (yr.  1893) 

(f?)   Nicholson,  Ch. :     ' '  His  term  of  office  was  fixed  at  twelve  years 
unless  sooner  removed  by  the  General  Assem- 
bly," &c. 

State  vs.  Churchman,  3  Penn.  361  at  363.   (yr.  1902) 


CITY  CHARTER.  .  39 

[That  the  City  Judge  of  the  Municipal  Court  shall  have  Act  of  March 
an  assistant,  who  shall  be  known  as  the  Deputy  City  Judge,  b.  l.,  364. 
who  shall  receive  such  compensation  as  the  City  Council  may 
hereafter  provide  for.  The  duties  of  the  said  Deputy  City 
Judge  shall  be  to  hold  and  keep  the  ]\lunicipal  Court  when  re- 
quested by  the  City  J  udge  to  do  so,  and  in  general  to  assist  the 
City  Judge  in  all  legal  matters  pertaining  to  his  duty. 

The  Associate  Judge  of  the  Superior  Court,  resident  in 
NcAv  Castle  County,  shall  on  or  before  the  first  day  of  March, 
A.  D.  one  thousand  nine  hundred  and  one.  and  every  four 
years  thereafter,  appoint  some  suit^able  person  to  be  Deputy 
City  Judge]  whose  acts  shall  be  of  the  same  force  and  effect 
as  if  performed  by  the  said  City  Judge,  and  the  clerk  shall 
make  a  like  record  of  his  proceedings. 

In  case  of  the  sickness,  absence  or  other  inability  of  the 
Clerk  of  the  Court,  he  may  appoint  a  deputy  clerk,  who  maj'  cierk"  of  °^ 
perform  the  clerk's  duties  in  his  absence.^  court. 

The  appointment  shall  be  in  writing,  shall  be  subject  to 
the  approval  of  the  judge,   and  shall  be  filed  in   said  court.  Appointment 

^  _  o       o    7  Qf  Deputy 

The  said  clerk   or   his    deputy  may  administer  all  necessary  cierk. 
oaths;-   he   shall   enter   judgments,    is.sue    commitments   and  Duties  and 

"       "^  '  powers   of 

executions  to  enforce  the  same,  and  make  up  and  keep  the  rec-  cierk. 
ords  of  the  court  in  all  cases  therein,  under  the  direction  of  the 
judge.  He,  or  his  deputy,  shall  issue  all  process  under  his 
hand  and  the  seal  of  the  court  or  City  Judge,  and  test  the  same 
in  the  name  of  the  judge,  signing  it  by  his  title  of  office,  and 
shall  tax  costs.  The  clerk  or  his  deputy  may  issue  war- 
rants'' upon  complaints  filed  in  writing  and  upon  oath,  in 
all  cases  returnable  before  the  Judge  of  the  Municipal  Court,  cierk  may 

mi  1      1  1  •        n  r       1      -Ti     f.  take   bail 

ihe  clerk-  or  his   deputv  mav  take  bair   from   persons   ar-when  the 

Court   is   not 
in  session. 

1.  For  appointment  of  clerk  see  Section  IS. 

2.  In  absence  of  Clerk  of  Municipal  Court.   House  Sergeant  may  ad- 
minister oaths.     See  page  163. 

3.  In  absence  of  Clerk  of  Municipal  Court,  House  Sergeant  may  issue 
warrants.     See  page  163. 

4.  In  absence  of  Clerk  of  Municipal  Court,  House  Sergeant  may  fix. 
approve  and  take  bail.     See  page  163. 


Original 
jurisdiction 


40  CITY  CHARTER. 

rested,  when  the  court  is  not  in  session,  subject  to  revision  by 
the  court,  and  shall  also,  under  like  direction  of  the  judge,  do 
all  other  acts  necessary-  to  carry  out  the  jurisdiction  of  said 
court.  ] 

In  the  absence  of  the  City  Judge  or  any  person  so  author- 
ized to  hold  said  court,  the  clerk  thereof  shall  open  and  ad- 
journ said  court  from  day  to  day. 

furfsdictfon^^  ^EC.  15.     The  Said  Municipal  Court  shall  have  sole  and 

court'"''^'^^^  exclusive  jurisdiction  to  inquire  of.  hear,  try,  and  finall}'  de- 
termine all  those  criminal  matters  and  offenses  enumerated  in 
the  fifteenth  section  of  the  sixth  article  of  the  amended  Con- 
stitution.^ and  committed  within  said  city,  and  to  punish  all 
See  Act  of    persons  convicted  of  said  offenses,  or  any  of  them,  agreeably 

April  17. 1885.  ^^  ^^^  j^^^  ^^  ^j^-^  g^^^^^    ^^^    ^^^  ^j^^jj    ^       *  *  *  '* 

have  #  *  *  original  jurisdiction  to  inquire  of. 
hear,  try,  and  determine  all  offenses  which  shall  be  committed 
within  said  city  against  any  of  the  laws,  ordinances,  regulations 
or  constitution  of  said  city,  and  to  punish  the  offender  or  of- 
fenders as  by  the  said  laws,  ordinances,  regulations,  or  consti- 
tution shall  be  prescribed ;  and  also  to  impose  fines  according 
to  law,  and  to  levy  the  same,  and  to  award  process,  take  recog- 
nizance for  keeping  the  peace,  for  being  of  good  behavior,  and 
for  appearance,  or  otherwise,  or  to  commit  the  prisoner,  as  oc- 
casion shall  lawfully  require,  without  being  accountable  to  the 
State  for  any  fines  or  amercements  to  be  imposed  for  the  said 
offenses,  or  any  of  them,  except  such  as  are,  or  shall  be,  by 
law,  made  payable  into  the  State  treasury  for  offenses  against 
the  State.  The  said  court  shall  have  authority  to  punish  con- 
tempt, and  to  issue  all  process  necessary  for  the  exercise  of  its 
jurisdiction,  which  process  may  be  executed  in  any  part  of  the 
State,  and  it  shall  be  the  duty  of  all  constables  of  said  city  to 
execute  the  same  when  placed  in  their  hands,  and  any  failure 
to  properly  execute  the  same  shall  be  punishable  as  a  contempt 
of  said  court.  AVhenever  any  person  shall  be  brought  before 
anv  Justice  of  the  Peace,  or  before  the  Citv  Judge,  sitting  as 


1.     See  Article  IV,  Sec.  30.  Constitution  1897. 


CITY  CHARTER.  41 

a  committing  magistrate,  charged  with  the  commission  of  any 
of  the  offenses  enumerated  in  the  fifteenth  section  of  article  VI 
of  the  Constitution  of  this  State.^  within  the  limits  of  the  City 
of  Wilmington,  it  shall  be  the  duty  of  every  such  Justice,  and 
of  the  Cit.y  Judge  sitting  as  aforesaid,  to  bind  the  person  so 
charged,  Avith  sufficient  surety  for  his  appearance  at  the  next 
term  of  the  said  Municipal  Court,  (^)  and  if  he  do  not  give  such 
surety,  shall  commit  him  for  trial  by  such  court.  Such  Justice 
and  the  City  Judge  sitting  as  aforesaid,  shall  also  bind  mate- 
rial witnesses  for  their  appearance  without  surety,  unless  he 
believe  the  witness  will  not  appear  and  that  the  loss  of  his  tes- 
timony ought  not  to  be  risked,  in  which  case  he  may  require 
surety  and  may  commit  the  witness  if  it  be  not  given. 

(a)  Nicholson,  Ch.:  "in  addition  to  the  sole  original  jurisdiction 
in  all  cases  of  the  violation  of  ' '  any  of  the 
laws,  ordinances,  regulations  or  constitutions  of  the  city,"  he  was  also 
given  sole  and  exclusive  jurisdiction  of  ' '  all  those  criminal  matters  and 
offenses  enumerated  in  the  Fifteenth  Section  of  the  Sixth  Article  of  the 
Constitution  of  1S31,  when  the  offense  was  committed  within  the  city," 
&c. 

State  vs.  Churchman,  3  Penn.  361  at  363.  (yr.  1902) 

(The  offenses  named  in  the  Fifteenth  Section  of  Article  6  of  the 
Constitution,  include  assaults  and  batteries.  In  the  Constitution  of  1897 
the  reference  is  Art.  lY,  Sec.  30.) 

Spruanee,  J.:  "By  Section  15  of  the  said  act  of  1883,  the  said 
Court  was  given  sole  jurisdiction  of  all  criminal  mat- 
ters enumerated  in  said  Section  15  of  Article  6  of  the  Constitution  of 
1831 — among  which  are  assaults  and  batteries  committed  within  said 
city. ' ' 

Zuchowski  vs.  State,  3  Penn.  339  at  340.   (yr.  1901) 

Gray  vs.  The  State  of  Delaware,  2  Har.  76  at  79.   (yr.  1836) 

The  Constitution  of  1897  did  not  affect  the  Municipal  Court  or  its 
Judge  in  any  way,  and  the  jurisdiction  of  the  Court  over  assaults  and 
batteries  therefore,  still  continues. 

Gruhh,  J.:  "That  the  said  Municipal  Court  for  the  City  of  Wil- 
mington, its  Judge  and  its  jurisdiction,  were  continued 
and  existing  under  and  by  virtue  of  the  provisions  of  the  present  Consti- 
tution and  schedule. ' ' 

Forbes  and  Hartman  vs.  State,  2  Penn.  197  at  204-5.  (yr.  1899) 

Zuchowski  vs.  State,  3  Penn.  339  at  340.  (yr.  1901) 

State  vs.  Churchman,  3  Penn.  361  at  363.  (yr.  1902) 

The  jurisdiction  over  assaults  and  batteries  is  both  a  common  law 
and  a  statutory  jurisdiction. 

Lore,  C.  J.:     "  This  is  an  indictment  for  assault  and  battery.     *     * 

The   Legislature   has   seen   fit   to   create  the  Municipal 

Court,  and  to  that  court  it  has  given  sole  and  exclusive  jurisdiction — 

among  other  things, — of  assaults.     This  is  an  assault,  and  we  think  the 

jurisdiction  extends  not  only  to  common  law  assaults  but  to  any  assault 

1.  See  Article  IV,  Sec-  30,  Constitution,  1897.  and  paragraph  5  of  this 
section. 


42  CITY  CHARTER. 

created  by  statute,  unless  the  Municijial  Court  was  distinctly  ousted  by 
express  terms. ' ' 

State  vs.  Anderson,  1  Marv.  526  at  527.  (yr.  1893) 

But  this  statutory  assault  and  battery  jurisdiction  is  denied  where 
the  punishment  carries  ' '  ignominious  penalties  usually  inflicted  upon 
felons, ' '  such  as  wife-beating. 

Spruance,  J.:  "The  assaults  and  batteries  of  which  the  said  Mu- 
niciiJal  Court  has  jurisdiction  are  common  law  of- 
fenses, and  not  statutory  assaults  and  batteries  punishable  by  ignomi- 
nious penalties  usually  inflicted  upon  felons. ' ' 

Zuchowski  vs.  State,  3  Penn.  339  at  340.   (yr.  1901) 

If  one  has  been  convicted  on  the  charge  of  assault  and  battery  he 
cannot  afterwards  be  convicted  of  "pointing  a  pistol,"  if  "the  pointing 
of  the  iMstol  included  and  was  a  necessary  part  of  the  assault ' '  and  bat- 
terv. 

State  vs.  Day,  5  Penn.  101  at  105.  (yr.  1904) 

The  Municipal  Court's  exclusive  jurisdiction  over  assaults  and  bat- 
teries committed  within  the  City  of  Wilmington,  does  not  prevent  the 
Court  of  General  Sessions  in  a  charge  of  ' '  assault  with  intent  to  'commit 
murder,"  of  finding  the  accused  guilty  of  assault  only. 

Fennewill,  J.:  "We  think  that  this  general  statute"  (Eev.  Code  979, 
Sec.  20)  "is  not  in  any  way  affected,  modified  or 
repealed  with  respect  to  assaults  committed  in  the  City  of  Wilmington, 
by  Section  .15  of  the  City  Charter,  p.  38.  Whenever  this  Court  has  juris- 
diction of  a  case  of  assault  with  intent  to  commit  murder,  and  the  jury 
are  not  satisfied  from  the  evidence,  that  there  was  such  an  intent,  they 
may.  nevertheless,  find  a  verdict  of  guilty  of  assault  only,  if  the  evidence 
should  justify  them  in  so  doing,  even  though  the  assault  was  committed 
within  the  limits  of  the  City  of  Wilmington. ' ' 

State  vs.  Scott,  4  Penn.  538  at  542.   (yr.  1904),  even  though 

Lore,  C.  J.:  "a  recent  statute  has  given  to  the  Municipal  Court  of 
this  city  exclusive  jurisdiction  over  assaults  committed 
within  the  limits  of  the  citv, ' '  &c. 

State  vs.  Christie,  2  Marv.  443.  (yr.  1895) 

The  above  Section  (15)  also  gives  the  Municipal  Court  exclusive 
jurisdiction  of  all  nuisances  committed  in  the  City  of  Wilmington. 

JTolcott,  Ch. :  ' '  By  Section  15  of  the  City  Charter,  the  Legislature 
conferred  upon  the  Municipal  Court  sole  and  exclu- 
sive jurisdiction  of  the  entire  group  of  offenses  (including  nuisances) 
enumerated  in  the  fifteenth  section  of  the  sixth  article  of  the  Constitu- 
tion, with  power  to  hear,  try  and  finally  determine  the  same  under  the 
laws  of  the  State  of  Delaware. ' ' 

Mayor  and  Council  of  Wil.  vs.  Yandegrift,  1  Marv.  5  at  17.  (vr. 
1893) 

The  above  case  was  one  of  sledding  on  the  streets  of  the  city.  This 
is  a  nuisance  at  common  law,  and  the  Chancellor  said : 

"the  definition  of  a  public  nuisance  by  ordinance  is  not  made  a  con- 
dition precedent  to  the  exercise  of  jurisdiction  of  the  same  by  the  Muni- 
cipal Court,"  &c.  id  15. 

The  Municipal  Court  has  exclusive  jurisdiction  where  licjuor  is  sold 
in  quantities  less  than  the  quantity  allowed  by  law,  for  this  is  ^iractically 
selling  without  a  license.  The  sale  in  the  case  below  cited,  was  for  less 
than  one-half  gallon. 

State  vs.  Mundy,  1  Boyce,  40  at  44.   (yr.  1909) 

State  vs.  Lynch,  2  Har.  p  88.  (yr.  1836).  Xote  "a"  fpot  of  the 
page. 


(&) 


'Wilfully  trespassing"  upon  a  person's  premises  in  the  City 


CITY  CHARTER.  43 

of  Wilmington  is  a  nuisance,  and  the  ^[iinicipal  Court  has  exclusive  juris- 
diction. 

State  vs.  Greenwood,  2  Penn.  379.   (yr.  1900) 

(See  note  to  paragraph  5  of  this  Section.) 

In  regard  to  the  above  offenses,  and  others  enumerated  iu  Sec.  15  of 
Art.  VI  of  the  old  Constitution,  (Sec.  30,  Art.  IV  of  Constitution  of  1897) 
as  embraced  in  Sec.  15  of  the  Charter,  the  Court  said: 

Wolcott,  Ch.:  "The  Municipal  Court  of  Wilmington  is  therefore  a 
public  instrumentality  constituted  by  the  Legislature 
for  the  trial  and  punishment  of  such  criminal  disorders  as  are  enumerated 
in  the  section  and  article  of  the  Constitution  before  referred  to,  and  the 
duties  of  the  municipal  officers  selected  to  execute  its  process  in  respect 
to  such  offenses  are  also  stamped  with  the  same  character. ' ' 

Mayor  and  Council  of  Wil.  vs.  Yandegrift,  1  Marv.  5  at  IS.  (yr. 
1893) 

[The  Judge  of  the  Municipal  Court^  for  the  City  of  Wil- Act  of  April 
ming-ton  shall  have  and  may  exercise  all  the  powers  and  juris- 
diction of  a  Justice  of  the  Peace  in  criminal  cases  for  New 
Castle  County,  («)  and  shall  have  and  maj^exerciseconcurrent  Judge  of  the 

"  '    ^    '  "^  Municipal 

.iurisdiction  and  powers  with,  the  Municipal  Court  for  the  City  court    given 

't  ^  -i  •^  powers    of    a 

of  Wilmington  of  all  prosecutions  for  breach  of  any  ordinance,  Justice  of  the 

i  G3.CG    ill 

law.  rule  and  regulation  of  the  City  of  Wilmington,  and  war-  criminal 

^         ^  .  cases. 

rants  for  the  arrest  of  the  offenders  thereof  may  be  issued,  concurrent 
[For  this  purpose  he  shall  sit  daily  each  morning  (Sunday  in- ^f ^' ju^ge°" 
eluded),  and  each  evening,  when  there  shall  be  a  session  of  the^j^lj  court. 
Municipal  Court,!  and  hear  and  dispose  of  in  a  summary  way  Act  of  March 
all  such  offenses  and  cases  of  breaches  which  shall  be  brought  d.' l.,  344. 
before  him  by  the  police  officers  of  the  said  city  or  otherwise,  when  court 

^  "  shall   open. 

either  with  or  without  process,  and  impose  the  fines  and  penal- 
ties provided  by  law.  ordinance,  rule  or  regulation.  At  [each] 
session  of  the  said  jNlunicipal  Court  shall  be  presented  for  dis- 
posal by  the  judge,  according  to  law,  all  persons  who  have  been 
arrested  or  confined  in  the  city  cells  or  other  lock-up  of  said 

1.  Municipal  Court  may  impose  fines  for  violations  of  an  Act  to  pre- 
vent the  aiding  or  harboring  of  girls  escaping  from  the  Delaware  Indus- 
trial School  for  Girls.  See  Chapter  XVIII.  "Miscellaneous  Acts."  this 
volume. 

1.  Municipal  Court  has  jurisdiction  for  violations  of  provisions  of  an 
Act  in  relation  to  peddlers.  &c.     See  Chapter  XVIII.  "Miscellaneous  Acts." 

1.  Municipal  Court  may  impose  fines  for  violations  of  provisions  of  an 
Act  Defining  Motor  Vehicles.  &c.  See  Chapter  XVIII,  "Miscellaneous 
Acts." 

1.  Municipal  Court  may  impose  fines  for  violations  of  an  Act  relating 
to  the  trade  of  Barbers,  &c.     See  Chapter  XVIII,  "Miscellaneous  Acts." 

1.  Municipal  Court  may  commit  minors  to  the  Ferris  Industrial  School. 
See  17  D.  L.  713  and  amendment  of  23  D.  L.  203. 

1.  The  Municipal  Court  being  a  "Court  of  Record"  may  commit  to  St. 
Michael's  Day  Nursery  and  Hospital  for  Babies.  See  Chapter  XVIII.  "Mis- 
cellaneous Acts." 


44  CITY  CHARTER. 

city,  either  with  or  without  warrants,  and  for  this  purpose  it 
S^iv,  ?.^„„  shall  be  the  duty  of  the  High  Constable  of  said  city  to  cause 
stable.  qH  such  persons  to  be  brought  before  the  judge  of  said  Munici- 

pal Court  for  hearing  or  trial  as  aforesaid.  It  shall  also  be  the 
duty  of  the  said  High  Constable,  or  person  acting  for  him,  to 
personally  attend  and  be  present  at  all  such  hearings  and  ses- 
sions of  the  Municipal  Court,  to  have  ready  and  present  to  the 
clerk  thereof  at  each  *  *  session  a  list  of  the  cases 
coming  before  the  judge,  and  the  names  of  the  persons  to  be 
tried,  the  offense  charged,  and  the  names  of  the  witnesses.] 

(«)  This  power,  in  its  general  features,  is  similar  to  that  possessed 
bj  the  corporation  from  the  earliest  times. 

Harrington,  Justice:  "The  corporation  of  Wilmington  enjoyed  by 
patent,  dated  in  1739,  the  right  to  elect  two 
burgesses  and  six  assistants,  *  *  which  burgesses,  by  the  same  pat- 
ent, and  also  by  the  Act  of  1772,  w-ere  invested  with  all  the  judicial  pow- 
ers, within  the  corporation  limits,  of  justices  of  the  peace  within  the 
county. ' ' 

Gray  vs.  The  State  of  Delaware,  2  Har.  76  at  93.   (yr.  1836) 

^i=t  of  April  [The  High  Constable  of  said  city  shall  be  the  officer  of 

17,    1S85.  '^  '-  .  "  . 

^^.  ,   ^  said  court ;  process  may  be  directed  to  the  said  High  Constable, 

High  Con-  7  X-  ./  o 

stable  the      or  to  any  City  Constable  of  said  city,  or  to  any  Constable  of 
Municipal       Xew  Castlc  Couuty,  in  said  cit3\    It  shall  be  the  duty  of  the 

Court.  .  •  '  .     "^  • 

High  Constable  and  of  any  City  or  County  Constable  as  afore- 
Duty  of  City  said,  to  whom  any  order,  writ,  or  other  process  may  be  issued 

and  County  '  J  >  >  f 

Constables,     out  of  Said  Municipal  Court,  or  by  the  judge  thereof,  to  prop- 
erly execute  the  same ;  any  failure  so  to  do,  and  any  failure  to 
obey  the  lawful  conmiands  of  said  court,  or  to  perform  any 
duty  by  law  or  ordinance  of  said  city  imposed,  relating  to,  or 
in  connection  with  said  court  or  municipal  judge,  may  be  pun- 
ishable as  a  contempt  of  said  court,  and  in  case  of  the  High 
jud  e  of        Constable,  or  other  City  Constable  of  said  city,  he  may  be  sus- 
court^may     pendcd  from  his  office  for  a  period   of   not   exceeding  thirty 
contempt.       days,  in  the  discretion  of  said  judge,  during  which  time  he 
shall  receive  no  pay  or  compensation  from  said  city;  in  such 
case  the  clerk  of  said  court  shall  certify  to  the  City  Auditor 
Duty  of         ^^'^  ^^^y  Treasurer  the  name  of  such  officer  so  suspended,  and 
Clerk.  ^]^Q  time  and  period  of  his  suspension.] 

Act  of  March  C^^^  prosecutions  brought  in  said  court  or  before  the  City 

is'd  ^l/'  344    J^^^®  fo^  breaches  of  any  of  the  municipal  laws,  ordinances  or 


CITY  CHARTER.  '  45 

regulations  of  said  city,  shall  be  in  the  name  of  "The  Mayor 
and  Council  of  AVilmington."]    {«) 

(a)  Prosecutions  for  criminal  offenses  forbidden  by  a  town  charter 
are  within  the  general  criminal  jurisdiction  of  the  State,  and  in  the  ab- 
sence of  express  or  implied  authority  in  the  Charter  to  prosecute  in  the 
name  of  the  city  or  town,  the  prosecution  must  be  in  the  name  of  the 
State.  The  town  of  Dover  brought  an  action  in  its  own  name  for  ob- 
structing the  streets.  The  Court  held  the  prosecution  should  have  been 
in  the  name  of  the  State  of  Delaware. 

Lore,  C.  J.:  "We  can  find  in  said  section,  na  express  or  implied  au- 
thority for  the  town  of  Dover  to  proceed  *  in  its  own 
name.  Such  authority  manifestly  does  not  rest  in  the  general  corporate 
powers  contained  in  the  Charter  to  sue  and  be  sued,  plead  and  be 
impleaded,  &c.,  terms  quite  uniformly  used  in  describing  the  pow-ers  of 
all  corporations,  and  if  it  exists  at  all,  must  be  looked  for  elsewhere.  *  * 
In  the  absence  of  such  authority  the  prosecution  should  have  been  in  the 
name  of  the  State  of  Delaware,  under  Sec.  25,  Art.  6  of  the  Constitution, 
which  is  in  the  following  words,  viz :  ' '  The  style  of  all  process  and  pub- 
lic acts  shall  be  The  State  of  Delaware.  Prosecutions  shall  be  carried  on 
in  the  name  of  the  State. ' ' 

Dover  vs.  Tawressey,  2  Marv.  285  at  288-9.  (yr.  1896) 

[It  shall  be  the  duty  of  every  Justice  of  the  Peace,  or  ^i^S^sVr^'"'''^ 
other  conunitting-  magistrate,  whenever  any  person  is  before  "^^  ^' """"' '^"'°' 
him  charged  with  any  criminal  matter  or  offense  properly  cog-  ?ustice°^o/'^^ 
nizable  in  the  Municipal  Court  of  the  City  of  Wilmington,  to  ^^^  ^^^''^■ 
inquire  into  the  same,  and  if  he  shall  find  that  there  is  prob- 
able ground  for  the  charge,  he  shall  hold  the  person  accused  to  to  hold  ac- 
bail  for  his  or  her  appearance  at  the  evening  session  of  the  said  ^"^®   *°   ^^ ' 
IMunicipal  Court, ^  («)  not  more  than  four  daj^s  distant  from 
said  hearing,  and  in  default  of  bail,  the  person  accused  shall  commitment 
be  committed  to  the  custody  of  the  High  Constable  of  the  City  °^ 
of  Wilmington  to  await  such  session.     All  bail  bonds  shall  be 
forwarded  to  the  Clerk  of  the  ]\Iuuicipal  Court  within  two 
days  after  the  said  hearing,  and  everj^  bail  bond  and  commit- 
ment shall  have  indorsed  upon  the  same  an  itemized  statement  costs  en- 
of  all  costs  which  may  have  accrued  up  to  that  time,  and  the  commitment. 
same  shall  be  taxed  as  costs  against  the  accused  in  any  judg- 
ment or  sentence  which  may  be  pronounced  against  such  ac- 
cused in  the  said  Municipal  Court ;  provided,  nevertheless, 
that  the  judge  of  said  court  shall  have  power  to  strike  off  any 
portion  of  said  costs  which  shall  be  illegal  or  which  he  shall 
deem  unnecessary.] 

(a)   A  Justice  of  the  Peace  adjudged  one  "guilty  of  a  nuisance  by 

1.     See  paragraph  one  of  this  Section. 


46 


CITY  CHARTER, 


wilfully  trespassing  upon  the  premises, "  of  a  person  in  Wilmington.  The 
case  was  taken  to  the  Superior  Court  on  the  ground  that,  ' '  under  the 
Charter  of  the  City  of  Wilmington  creating  the  Municipal  Court,  the  sole 
and  exclusive  jurisdiction  of  the  offense  was  vested  in  that  Court."  (380) 
The  Court  said : 

Lore,  C.  J.:  " Let  the  judgment  below  be  reversed,  on  the  ground 
that  the  Municipal  Court  has  exclusive  jurisdiction  to 
try  nuisances  committed  in  the  City  of  Wilmington. ' ' 

State  vs.  Greenwood,  2  Penn.  379  at  380.  (yr.  1900) 


Mode   of 
trial. 


Sec.  16.  Prosecutions  in  the  said  Municipal  Court  shall 
be  by  information,  without  indictment  by  grand  jury  or  trial 
by  petit  jury.  («) 

(a)  Grubb,  J.:  "Under  and  by  virtue  of  this  constitutional  pro- 
vision contained  in  Section  15,  Article  6,  of  the 
late  Constitution,  the  statute  of  1883,  Chap.  207,  Vol.  17,  Laws  of  Dela- 
ware, and  the  acts  amendatory  thereof,  created  the  said  Municii^al  Court 
for  the  City  of  Wilmington,  authorized  the  appointment  of  its  Judge  by 
the  Governor,  and  empowered  it  to  try,  among  other  matters,  and  upon 
information,  and  without  indictment  and  trial  by  jury,"  &c. 

Forbes  and  Hartman  vs.  State,  2  Penn.  197  at  199.  (yr.  1899) 

Under  the  old  Mayor 's  Court  of  1832  the  manner  of  trial  was  as 
above.  The  Council,  by  ordinance,  (pursuant  to  authority  contained  in 
its  Charter)  passed  an  ordinance  to  that  effect,  and  the  Court  declared  it 
had  a  right  to  pass  such  an  ordinance. 

Gray  vs.  State  of  Delaware,  2  Har.  76  at  94-96.  (yr.  1836) 

In  a  later  case,  the  Court,  in  referring  to  it  said: 

Harrington,  Justice:      "It  Avas  not  a  delegation  of  the  legislative 

power  of  the  State  to  enact  in  the  City  Char* 

ter,  that  the  Mayor  "s  Court  should  have  power  to  try  such  cases  ' '  with 

or  without  trial  by  jurv,  as  should  be  pjrovided  by  the  ordinances  of  said 

city. ' ' 

Rice  vs.  Foster,  4  Har.  479  at  496.  (vr.  1847) 

In  the  ease  of  State  vs.  Moore,  2  Penn.  299  at  321  (yr.  1899),  which 
was  a  case  where  the  defendant  was  tried  by  the  Court  of  General  Ses- 
sions by  information  and  A\dthout  the  intervention  of  a  jury,  for  violating 
Sec.  7  of  Art.  5  of  the  Constitution,  relating  to  bribery,  the  Court  held 
that  there  was  ' '  due  process  of  law, ' '  and  that  such  a  method  of  trial  was 
valid. 


Solicitor 

prosecuting 

tjfRcer. 


Appearance 
fee. 


.  Sec.  17.  The  Solicitor  of  said  corporation  for  the  time 
being,  shall  be  ex-of]icio  the  prosecuting  officer  in  said  ]\Iunici- 
pal  Court,  («)  provided  that  the  Attorney-General  of  the  State 
shall  have  the  right  to  prosecute  in  person,  or  by  his  deputy ; 
and  there  shall  be  taxed  for  the  appearance  of  said  City  Solici- 
tor a  fee  of  two  dollars,  payable  into  the  city  treasury  as  pro- 
vided in  Section  27. 


(a)   See  Sec.  40  of  the  Charter. 


CITY  CHARTER.  47 

Sec.  18.     The  City  Judge  shall  appoint  a  suitable  person  ^^^^.^  ^^ 
to  act  as  Clerk  of  the  said  ^lunicipal  Court,  who  shall  hold  his  ^^,X4';'p^^ 
said  office  of  clerk  at  the  pleasure  of  the  said  judge.    The  said  j~,^^.jgg 
clerk  shall  have  care  of  the  records  («)  of  said  Court  and  the 
records  of  all  proceedings  had  before  said  City  Judge,  and  he 
shall  receive  all  fees,  lines  and  costs  arising  out  of  any  pro- 
ceedings had  in  said  court,  or  before  said  judge,  and  shall  pay 
the  same  over  as  is  hereinafter  prescribed  by  law.     [He  shall f^^jg^g^g^^"^^^ 
before  entering  upon  the  duties  of  his  office  give  bond  to  The  ^^  ^-  ■""■'  ^^■^• 
Mayor  and  Council  of  Wilmington  in  the  sum  of  three  thou-  Bond, 
sand  dollars,  with  sufficient  surety  to  faithfully  execute  all  the 
duties  of  the  said  office  during  his  continuance  therein,  such 
bond  to  be  approved  by  the  City  Judge,  and  should  such  clerk 
so  appointed  fail  to  give  bonds  as  required  within  ten  days 
from  the  date  of  his  appointment,  the  City  Judge  to  make  a 
new  appointment.] 

(a)  The  records  should  be  gotten  up  with  care,  though  the  Court 
will  presume  regularity,  in  case  of  doubt.  If  a  commitment  does  not 
show  the  judgment  found  by  the  Judge  of  the  Municipal  Court,  yet,  it 
will  be  presumed  that  the  Judge  did  his  duty,  and  followed  the  law,  in  re- 
gard to  it,  and  vague  testimony  will  not  be  permitted  to  impeach  the 
record. 

Grubb,  J.:  ''The  Municipal  Judge,  being  a  sworn  judicial  officer' 
*  *  and  having  made  out  the  commitment,"  it  will 
be  presumed  that  he  "performed  his  duty  *  "  and  followed  the  law 
and  obeyed  the  law.  *  *  And  *  *  vague  and  immaterial  testi- 
mony ' '  will  not  be  permitted  ' '  to  impeach  or  contradict  what  the  record 
froin  the  Count  below  slioiws,  and  the  just,  fair  and  legal  inferencei  which" 
one  would  ' '  draw  from  it. ' ' 

In  re  Phillips  Petit,  5  Penn.  133  at  137.  (yr.  1904) 

In  a  civil  action  for  assault  and  battery,  it  was  held  one  could  not 
offer  in  evidence  to  mitigate  damages,  a  certified  copy  of  the  record  of  a 
criminal  prosecution  in  the  Mayor  's  Court  in  Wilmington,  against  the  de- 
fendant, for  the  same  assault  and  battery,  and  his  conviction,  sentence 
and  fine. 

The  Court:  "It  was  not  the  record  of  a  suit  between  the  same 
parties,  and  was  therefore,  not  admissible. ' ' 

Keller  vs.  Taylor,  2  Houst.  20.   (yr.  1858) 

.  Witness  fees. 

Sec.  19.  The  fee  for  the  attendance  of  a  witness  m  saia 
court,  provided  the  witness  is  an  inhabitant  of  said  city,  shall 
be  fifty  cents  per  clay^  In  all  other  cases  and  for  all  other  ser- 
vices, the  fees  shall  be  the  same  as  are  provided  for  like  ser- 
vices by  Chapter  125  of  amended  Revised  Code.  (") 

(a)  See  note  to  See.  25  of  the  Charter  in  regard  to  the  law  in  gen- 
eral, in  reference  to  the  payment  of  witness  fees  to  j^ublie  oflicials  who 
testify  in  behalf  of  the  body  they  represent  or  serve. 


48 


CITY  CHARTER. 


Act^o|_^  April  j-^ij  witness  fees  which  shall  hereafter  be  paid  to  the 

isD.  L..  360.  Clerk  of  the  Municipal  Court,  and  not  claimed  by  the  persons 
Unclaimed     entitled  to  the  same  within  thirty  days  from  the  time  said  fees 
witness  fees,  gome  into  the  hands  of  said  clerk,  shall  be  forfeited  to  the  city, 
and  paid  by  said  clerk  into  the  city  treasury.] 


Certiorari. 


Recog- 
nizance. 


Appeal.  gEc    20.     There  shall  be  no  appeal  from  said  ]\IunicipaI 

Court  to  the  Court  of  General  Sessions  of  the  Peace  and  Jail 
Delivery,  except  in  the  case  hereinafter  provided ;  but  the  pro- 
ceedings of  the  said  ^Municipal  Court  shall  be  subject  to  re- 
vision by  the  Superior  Court  in  and  for  New  Castle  County 
upon  writs  of  certiorari,  («)  and  after  its  judgments  shall  be 
affirmed,  or  reversed,  the  said  Municipal  Court  may  proceed  to 
execution,  or  otherwise,  as  shall  according  to  law  appertain ; 
provided  that  before  the  issuing  of  such  writ  of  certiorari  the 
party  applying  for  the  same  shall  enter  into  a  recognizance  (^) 
to  The  Mayor  and  Council  of  Wilmington,  in  a  penalty  and  with 
surety  to  be  approved  by  the  Prothonotary  of  said  Superior 
Court,  and  with  condition  that  the  said  party,  so  applying  for 
the  same,  shall  prosecute  said  writ  with  effect,  or  otherwise 
that  he  will  in  all  things  abide  the  judgment  of  the  said  ]\Iu- 
nicipal  Court  if  he  shall  fail  to  make  his  plea  good,  or  the  same 
be  affirmed  by  the  Superior  Court ;  which  recognizance  shall  be 
entered  upon  the  docket  succeeding  the  entry  of  the  certiorari 
and  shall  be  a  part  of  the  record  of  the  same. 

(a)  In  certiorari  to  the  Superior  Court  to  test  the  jurisdiction  of  the 
Municipal  Court,  the  Court  will  examine  the  act  to  see  if  it  confers  juris- 
diction in  express  language,  and  if  the  act  was  passed  by  the  requisite 
vote  to  make  it  binding  on  the  city,  viz,  a  two-thirds  vote. 

Spruance,  J.:  "It  will  be  observed  that  the  said  Act  of  February 
22,  1901,  does  not  expressly  confer  upon  the  said 
Municipal  Court  jurisdiction  of  the  offense,"  "  "  and  "said  act  does 
not  appear  to  have  been  passed  with  the  concurrence  of  two-thirds  of  all 
the  members  elected  to  each  House  as  required  by  Sec.  30,  Art.  4  of  the 
Constitution,"   &c. 

Zuchowski  vs.  State,  3  Penn.  339  at  341.   (yr.  1901) 

(b)  The  law  calls  for  a  "recognizance,"  not  a  bond. 
See  the  case  of  Fletcher  vs.  Mayor  and  Council  of  AVilmington,  in 

Sec.  23  "b"  of  the  Charter. 

Sec.  21.     Upon  an  information  in  the  ^Municipal  Court 
^"f        for   a  nuisance    (other   than   a   nuisance   against   the   public 

,   lane,  ^  . 

health)  affecting  the  public  streets,  lanes,  or  alleys  of  the  cit}-. 


Nuisance 
affecting 
street 
or  alley. 


CITY  CHARTER.  49 

if  the  party  against  whom  the  same  is  filed  shall,  by  affida\dt, 
claim  a  right  of  property  iu  that  part  of  the  street,  lane,  or^^8|it^of 
alley,  in  which  the  offence  is  alleged  to  have  been  committed, 
either  in  himself  or  those  nnder  whom  he  holds,  and  shall  also 
aver,  in  the  said  affidavit,  that  the  said  claim  of  property  is 
made  in  good  faith  for  the  purpose  of  defense  and  not  for  de- 
lay, proceedings  in  said  court  shall  be  stayed,  and  the  clerk 
shall  forthwith  transmit  to  the  Clerk  of  the  Court  of  General  gion^^^'Vec- 
Sessions  of  the  Peace  and  Jail  Delivery  in  and  for  New  Castle  of "^^cenerar^ 
County  a  copy  of  the  record,  under  the  seal  of  the  Municipal  sessions. 
Court,  to  be  filed  in  the  said  Court  of  General  Sessions,  and 
thereupon  the  case  shall  be  proceeded  in  at  the  next  term  of 
the  said  court  upon  the  information  set  forth  in  the  copy  of 
the  said  record,  in  like  manner  with  like  effect  as  upon  an  in- 
dictment for  the  like  oft'ense. 

Sec.  22.    Before  staving  proceedings  under  the  foregoing  Recog- 

*       ^   ^  .  nizance. 

section,  the  Municipal  Court  shall  cause  the  party  against 
whom  the  information  is  filed,  to  enter  into  a  recognizance  to 
the  State  of  Delaware  to  appear  in  the  said  Court  of  General 
Sessions,  at  the  next  term  thereof,  and  plead  to  the  said  in- 
formation. 

Sec.  23.     Upon  failure    of    a    defendant  to  satisfy  any  court  may 
judgment  which  may   be   rendered   by  the   Municipal  Court  ^^g^^*' 
against  him  for  the  violation  of  a  city  ordinance,  it  shall  be 
Avithin  the  discretion  of  the  ^Municipal  Court  to  commit  the  de- 
fendant to  the  custody  of  the  High  Constable  until  the  judg- 
ment shall  be  fully  satisfied ;  but  any  person  so  comrnitted  may, 
within  three  days  thereafter,  appeal  («)  from  any  judgment  so  Right  of  ap- 
rendered  against  him  to  the  Superior  Court  for  New  Castle  ^®^'' 
County.     Such    person    appealing    shall    enter    into    recogni- 
zance (^)  with  sufficient  surety  in  such  sum  as  the  saidMunici-  surety. 

■  pal  Court  shall  determine,  conditioned  for  the  due  prosecution 

■  of  the  appeal  and  for  the  payment  of  any  judgment  which  may 
B  be  rendered  in  said  court  against  the  appellant  or  his  execu- 
m     tors  or  administrators.     The  filing  of  a  transcript,  modes  of 

■  trial,  and  forms  of  proceedings  shall  be  as  in  cases  of  appeal 
B     from  the  judgment  of  Justices  of  the  Peace,  (c) 

L 


(a)    An  appeal  opens  up  the  whole  case  anew,  but  it  must  he  ihat 


50  CITY  CHARTER. 

case.  In  an  action  in  the  Superior  Court  for  damages,  a  witness  testified 
that  the  driver  of  the  defendant  had  been  arrested  and  tried  before  the 
Municipal  Court  for  reckless  driving,  and  thereupon,  in  cross-examination 
the  witness  was  asked:     "What  was  done  with  the  charge?"   (67) 

Sprnance,  J.:  "It  has  nothing  to  do  with  this  case.  It  is  not  ma- 
terial what  the  magistrate"  (Judge  of  Municijial 
Court)  "did  or  did  not  do,  upon  that  charge,  and  we  rule  the  cpiestion 
out. ' ' 

Price  vs.  Warner  Co.,  1  Penn.  462  at  467.  (vr.  1S99) 

Keller  vs.  Taylor,  2  Houst.  20.  (yr.  1858) 

(b)  The  law  calls  for  a  "recognizance."     A  bond  will  not  do.    The 
Court  decided  this  point  in  the  case  below  cited. 

Fletcher   vs.   Mayor   and   Council   of   Wilmington,    (vr.    1906)    App. 
Dock.  174. 

(c)  On  appeal  to  the  Superior  Court  one  should  file  the  same  kind 
of  a  paper,  as  was  filed  in  the  Municipal  Court. 

Lore,  C.  J.:     "  The  Court  is  clear  that  an  information,  such  as  filed 
in  this  case,  conforms  to  the  nature  of  the  proceedings 

below,  and  also  in  this  Court,  and  that  it  is  the  proper  paper  to  file  in 

contemplation  of  the  statute  in  that  behalf. ' ' 

Pratesi  vs.  Mayor  and  Council  of  Wil.,  4  Penn.  258  at  259.  (yr.  190.3) 
(In  the  above  case  in  the  Municipal  Court,  an  information  was  filed 

for  violating  an  ordinance, — obstructing  a  street.) 

Seals  of  Sec.  24.    The  said  City  Judge  shall,  immediately  upon  his 

City  *judge.  appointment,  procure,  or  cause  to  be  procured,  a  seal  for  said 
Municipal  Court,  and  a  further  seal  as  City  Judge,  with  suit- 
able designs ;  and  said  seals  shall  be  the  seal  of  said  court  and 
the  seal  of  the  said  City  Judge,  respectively,  until  altered  or 
renewed  by  the  Council  at  the  request  in  writing  of  said  City 
Judge.  The  cost  of  procuring  the  said  seals  shall  be  paid  by 
the  Council  when  certified  to  be  correct  by  the  said  City  Judge. 

Witness  fees  ^EC.  25.    All  f CCS  for  the  attendances  for  the  prosecution 

in  any  criminal  case  or  proceeding  had  in  the  said  Municipal 
Court  in  which  it  shall  be  determined  by  the  said  Court  that 
the  said  case  or  proceeding  ought  to  be  dismissed  as  against 
the  defendant  therein,  shall  be  paid  out  of  the  city  treasury ; 
provided  that  nothing  in  this  section  shall  authorize  the  pay- 
ment of  witness  fees  («)  to  any  person  who  shall  at  the  same 

mTment°^  time  be  a  High  or  other  City  Constable.  The  payment  of  such 
fees  shall  be  by  a  warrant  of  the  Clerkof  said  Court,  directed  to 
the  City  Treasurer,  setting  out  the  case  in  which,  and  the  per- 
son to  whom,  such  fee  is  due,  and  such  warrant  shall  be  signed 
by  the  Judge  of  said  Court  and  approved  by  the  City  Auditor. 
The  said  warrant  shall  be  made  payable  to  the  person  to  whom 
such  witness  fees  are  due. 

(a)   In  regard  to  officials  of  a  defendant  public  corporation,  who  at- 
tend as  witnesses  in  a  suit  against    the    corporation,    obtaining  witness 


CITY  CHARTER.  51 

fees,  when  they  have  no  private  interest  in  the  case,  the  Court  said : 

Lore,  C.  J.:  "The  Trustees  of  the  Poor  are  not  private  parties; 
they  are  public  officers,  and  vse  do  not  see  why  they 
should  be  precluded  from  payment  for  their  attendance  upon  tliis  Court. 
*  *  This  is  not  a  private  corporation,  but  a  public  corporation,  where 
they  are  performing  a  public  duty,  and  whether  the  person  is  the  Presi- 
dent or  the  Secretary,  or  whether  he  is  only  one  of  the  Trustees,  it  mat- 
ters not.     ^     *     They  have  no  j^rivate  interest  in  this  action. ' ' 

Taylor  vs.  Trustees  Poor,  N.  C.  Co.,  1  Penn.  247  at  248.   (yr.  1898) 

Sec.  26.  The  City  Judge  is  hereby  constituted  a  conserv-  ^f°[\^|^''4*°g'' 
ator  of  the  peace  within  the  City  of  Wilmington,  and  shall 
have  power  as  a  committing  magistrate,  to  commit  for  trial  at  Powers. 
the  proper  court  all  persons  charged  with  a  breach  of  any  of 
the  laws  of  this  State,  or  with  a  breach  of  any  of  the  laws,  or- 
dinances, regulations  or  constitution  of  the  City  of  Wilming- 
ton. He  may  also  punish  b}^  fine,  not  exceeding  ten  dollars,  all 
breaches  of  the  peace  committed  within  said  city,  punishable 
by  any  law  of  this  State  and  not  herein  made  cognizable  by  the 
Municipal  Court  for  said  city,  where  the  offense  is  not  of  a 
high  or  aggravated  nature,  if,  after  a  hearing,  he  shall  be  sat- 
isfied that  the  case  ought  not  to  be  submitted  to  a  higher  juris- 
diction ;  otherwise  he  shall  commit  or  bind  the  defendant  for 
his  appearance  at  the  proper  court  to  answer  the  charge,  and 
shall  also  bind  the  witnesses  for  their  appearance,  and  may  re- 
quire surety  of  them  if  necessary.  The  fees  to  be  charged  for  Fees, 
services  under  this  section,  shall  be  the  same  as  those  author- 
ized to  be  charged  by  Justices  of  the  Peace  in  like  services,  and 
shall  be  collectible  in  like  manner,  for  the  use  of  the  city,  as  executed, 
provided  in  Section  27.  The  process  issued  by  the  said  City 
Judge,  sitting  as  a  committing  magistrate,  shall  be  the  same  as 
is  issued  by  Justices  of  the  Peace  in  like  cases,  and  all  such 
process  may  be  directed  to  the  City  Constables  and  shall  be 
executed  by  them  in  like  manner  as  process  issued  out  of  the 
said  Municipal  Court,  and  any  failure  to  properly  execute  said 
process  shall  be  punishable  by  said  City  Judge  as  a  contempt. 

Sec.  27.    The  same  f ees,^  costs  and  charges  which  in  any  J,fstt.*^°'^  °^ 
similar  proceeding   are   now   taxable   for  the  services  of  the 
Mayor  or  any  Justice  of  the  Peace,  shall  be  taxed  for  the  ser- 


See  Sec.  47. 


52 


CITY  CHARTER. 


Clerk  to 
make  out 
itemized 
statements 
monthly. 


Contents. 


Payment  to 
City  Treas- 
urer. 


Judge  may 
take  ac- 
knowledg- 
ments,  etc. 


Fee. 


vices  of  the  Judge  of  the  said  Municipal  Court,  and  all  fees, 
costs  and  charges  which  are  so  taxed,  and  all  fees,  costs,  and 
charges,  including  the  fee  for  the  attendance  of  the  City  Solici- 
tor, together  with  witness  fees  for  the  services  or  attendance 
of  any  High  or  other  City  Constable  in  said  court,  shall  be  and 
are  hereby  made  payable  into  the  city  treasury ;  («)  and  it  shall 
be  the  duty  of  the  Clerk  of  said  court  to  make  out.  by  the  first 
Tuesday  of  every  month,  a  detailed  statement  of  the  causes 
tried  in  the  said  Municipal  Court  during  the  month  last  past, 
having  set  out  therein  an  itemized  account  of  all  fines,  costs, 
charges  and  fees  by  this  act  made  payable  into  the  city  treas- 
ury and  in  his  hands,  which  statement  shall  be  approved  by 
the  City  Auditor.  Upon  such  approval  the  said  clerk  shall 
forthwith  pay  into  the  hands  of  the  City  Treasurer  all  such 
fines,  fees,  costs  and  charges  in  his  hands. 

(a)  See  note  to  Sec.  2.5  of  the  Charter  in  regard  to  -u-itness  fees  of 
public  officials,  TS'ho  attend  Court  as  witnesses  for  the  corporation. 

Sec.  28.  The  said  Judge  of  the  jMimicipal  Court  shall  also 
have  power  to  take  and  certify  under  his  hand  and  the  seal  of 
the  Municipal"  Court,  acknowledgments  of  deeds,  mortgages, 
and  letters  of  attorney,  and  the  private  examinations  of  mar- 
ried women,  parties  to  such  deeds  and  mortgages,  in  like  man- 
ner as  a  Notary  Public  may  do ;  for  which  duty  there  shall  be 
charged  a  fee  of  seventy-five  cents,  and  no  more,  whether  there 
be  one  or  more  parties  to  the  deed,  and  such  fees  shall  be  paid 
to  the  clerk  for  the  use  of  the  city. 


Act  of  March 
25.    1907. 
24  D.  L.,  345. 
Council,  how 
composed. 


Act  of  March 

25.   1907. 

24  D.  L.,  356. 

Term    of    of- 
fice. 

President. 

Election   of 
members. 


COUNCIL. 

Sec.  29.  [On  and  after  the  first  day  of  July,  A.  D.  1907, 
The  Council  shall  consist  of  a  President  of  Council  and  twelve 
other  members.  («)  At  the  city  election  to  be  held  on  the  first 
Saturday  in  June,  A.  D.  1907,  and  every  [second]  (^ )  year  there- 
after, there  shall  be  elected,  a  President  of  Council  and  twelve 
members  of  Council,  for  the  term  of  two  years  commencing  on 
the  first  day  of  July  next  succeeding  said  election.  The  Presi- 
dent of  Council  shall  be  the  presiding  officer,  and  a  member  of 
said  Council  and  shall  be  elected  from  the  city  at  large  by  a 
plurality  of  all  the  votes  cast  in  the  several  election  districts  of 


CITY  CHARTER. 


53 


the  city.     One  member  of  Council  shall  be  elected  from  each 
ward  of  the  city  by  a  plurality  of  all  the  votes  cast  therein.] 

(a)  "The  Council"  is  the  mere  creature  of  the  Legislature,  and  it 
may  change  or  abolish  its  powers  or  transfer  them  at  will  to  whom  it  may 
please. 

SaitJsbury,  Ch.:  "All  the  agencies  of  the  city  *  *  can  be  abol- 
ished or  changed  at  the  will  of  the  Legislature," 
kc.  *  "  "The  Legislature  can  divest  the  Council  of  any  and  every 
power  and  authority  it  possesses.  It  can  direct  that  those  powers  should 
be  exercised  by  any  other  department  or  agency  of  the  city  government, 
and  it  could  even  direct  that  the  functions  now  performed  by  the  City 
Council  should  hereafter  be  performed  by  a  like  number  of  any  other 
corporators  of  tlie  citv. 

Coyle  vs.  Mclntire,  7  Houst.  44  at  98.   (yr.  1884) 

(&)  In  regard  to  the  provision  that  elections  should  be  held  every 
' '  second ' '  year,  see  note  "  a, "  Section  6,  of  the  Charter. 

Sec.  30.     The  Council  shall  hold  a  meeting  for  organiza-  Meetings, 
tioii,  [on  the  first  day  of  July  next  ensuing  the  city  election,  iQ^sidf^^^^^ 
or  if  that  day  falls  on  a  Sunday,  then  on  the  Monday  follow- 1^^- ^^  ^^S- 
ing;]  and  shall  further  meet  at  least  once  in  every  month  at 
such  time  or  times  and  place  as  it  shall  appoint.    Special  meet-  meTthigs. 
ings  («)  may  be  called  by  the  Mayor  upon  his  own  motion,  or  ^^'^  "^^i^®*^- 
shall  be  called  at  the  request  of  five  members.    The  sittings  of  sittings  pub- 
the  Council  shall  be  public.    It  shall  be  the  judge  of  the  elec-  ^j^-  jts'^mem- 
tion  returns  and  qualifications  of  its  members,  and  of  all  offi-  ^^''^• 
cers  of  the  corporation.  (^)     It  shall  choose  its  officers  except 
Avhere  otherwise  provided  for  in  this  charter.    It  shall  determine  R^iel^ Ind 
the  rules  of  its  proceedings  and  keep  a  journal  (^)  of  the  same.  Jo^^^i- 

(fl)  Ordinances  may  be  passed  at  "special  meetings."  See  para- 
graph 2,  note  "c"  of  this  section. 

(&)  Notwithstanding  this  provision  "The  Council"  can  be  man- 
damused  to  judge  according  to  law.  , 

Layton,  J.:  "although  "  ^  the  act  of  incorporation  declares 
that  the  City  Council  'shall  be  the  judges  of  the  elec- 
tion returns  and  cpialifications  of  their  o"mi  members,  and  of  all  other  of- 
ficers of  the  corporation, '  yet  this  jiower  is  vested  in  the  City  Council,  to 
act  within  the  legitimate  scope  of  their  authority.  It  is  not  a  question 
of  mere  discretion,  independent  of  a  right  of  review  by  the  Superior 
Courts  of  law,  for  an  unjust  and  illegal  exercise  of  this  power  vested  in 
the  corporation  by  law.  ^  "  will  it  be  contended  for  a  moment,  that 
this  Court,  in  the  exercise  of  this  extraordinary  power,  cannot  look  be- 
yond the  mere  fact  of  decision  by  the  City  Council  into  the  justice  and 
legality  of  that  decision?  Could  it  have  been  the  design  of  the  Legis- 
lature to  vest  in  this  corporation  the  power  to  do  an  act  of  gross  injus- 
tice, inconsistent  with  the  rights  of  the  corporators  *  "  without  sub- 
jecting their  ;;njust  and  corrupt  decision  to  the  supervision  of  the  Su- 
perior Court,  in  conformity  to  the  principles  of  the  common  law,  under 
and  subject  to  which  the  corporation  accepted  its  charter?     So  gross  a 


54  ,  CITY  CHARTER. 

proposition  need  only  to  be  properly  stated  to  be  unhesitatingly  repu- 
diated." 

State  vs.  Wil.  City  Council,  3  liar.  294  at  309.  (yr.  1840) 

A  writ  of  certiorari  will  also  lie  from  the  Superior  Court  to  ' '  The 
Council,"  (in  case  of  a  contested  election  fight  before  the  Council,)  to 
send  up  the  record,  to  ascertain  if  The  Council  has  jurisdiction  in  the 
matter.  It  was  contended  that  the  above  provision  making  The  Council's 
decision  final  (Act  of  1845)  took  from  the  Superior  Court  any  former 
right  it  might  have  had  by  a  prior  statute.  The  Court  said  a  certiorari 
was  a  common  law  writ,  and  that  the  authority  to  issue  it  was  both  a  con- 
stitutional and  a  statutory  right,  primarily  a  constitutional  right, — and 
tMat  since  1831  it  has  been  clearly  a  constitutional  right,  and  this  right, 
of  course,  could  not  be  taken  from  it  by  the  said  Act  of  1845 — the  above 
provision  of  the  Charter. 

Eash  vs.  Allen   (yr.  1909)   App.  Dock.  317  and  387. 

Eoss  vs.  Allmond  (jr.  1909)  App.  Dock.  pp.  318  and  388. 

(The  contest  was  under  Sec.  27,  Act  of  1893.) 

In  case  of  a  contest  for  a  seat  in  Council,  the  new  or  incoming  Coun- 
cil, and  not  the  old  and  retiring  body,  is  the  one  to  hear  and  pass  upon 
the  qualifications  of  its  members. 

Willis  vs.  Eoss.   (yr.  1906) 

(c)    This  is,  perhaps,  directory,  only. 

Elliott  et  al  vs.  Council  Newark,  8  Del.  Ch.  64  at  80.  (yr.  1896) 
(Decision  by  Nicholson,   Ch.) 

A  delay  of  4  years  in  recording  an  Ordinance  in  the  Ordinance  Book 
did  not  affect  its  validity,  id  80. 

Act  of  April  [On  and  after  the  first  day  of  July,  A.  D.  eighteen  hun- 

19,  1889.  »?  J  )  o 

18  D.  L.,  885.  dred  and  ninety,  seven  members  shall  constitute  a  quorum  («) 
Quorum.  to  do  all  business ;  but  until  said  last  mentioned  date,  twelve] 
members  shall  constitute  a  quorum  to  do  all  business.  No  ordi- 
nance (^)  shall  be  passed  without  the  concurrence  of  a  majority 
of  all  the  members  of  the  Council  and  unless  it  shall  have  had  at 
least  two  reading's  at  a  previous  stated  meeting  or  meetings  (^) 
Repeal.  nor  shall  any  ordinance  be  repealed  unless  notice  shall  have 

been  given  and  entered  on  the  journal  (^0  of  the  Council  at  a 
stated  meeting,  that  at  the  next  succeeding  stated  meeting  an 
Ayes  and       Ordinance  woulS  be  introduced  for  such  repeal.    All  questions 
"°®^-  shall,  upon  the  call  of  two  members,  be  taken  by  ayes  and  noes, 

Election  of    whicli  shall  be  entered  upon  the  journal.  (^)    All  elections  for 
officers.  officers  to  be  appointed  b}"  the  same,  shall  be  by  ballot  and  by 

a  majority  of  votes  of  all  the  members  of  the  Council. 

(a)  Seven  constitutes  a  quorum,  and  a  majority  of  that  quorum  may 
transact  business,  and  do  all  acts,  except  where  the  Charter  requires  a 
different  number. 

Bayard,  C.  J.:  "It  follows,  therefore,  that  as  ttis  was  a  corporation 
election,  in  which,  by  the  rules  of  the  common  law, 
it  requires  a  viajority  to  make  a  choice,"  &e. 

State  vs.  Wil.  City  Council,  3  Har.  294  at  301.  (yr.  1840) 

"In  other  words     *     *     a  major  part  of  the  whole  is  necessary  to 


Ordinances. 


CITY  CHARTER.  55 

constitute  a  quorum,  and  a  majority  of  the  quorum  may  act." 

I  Dillon,  Munic.  Corps.,  Sec.  28.3. 

"Thus  *  "  if  the  body  consists  of  twelve  common  Councilmen, 
seven  is  the  least  number  that  can  constitute  a  valid  meeting,  though  four 
of  the  seven  (the  seven  being  dulv  assembled  and  i^resent)  may  act."  id. 
278. 

McQuillen  on  Munic.  Or'd's.,  Sec.  105. 

(b)  Booth,  C.  J.:     "An  ordinance     *     *     is  but  a  law  of  the  city. 

The  making  of   it   is  the   exercise   only   of   the 
law-making  power  of  the  city, ' '  &c. 

Eice  vs.  Foster,  4  Har.  479  at  497.   (yr.  1847) 

(c)  If  an  ordinance  be  read  twice  at  a  "previous  stated  meeting," 
and  be  passed  at  a  subsequent  ' '  special ' '  meeting,  (notice  being  given 
as  to  why  the  special  meeting  was  called)  it  is  valid. 

Elliott  et  al  vs.  Council  Newark,  8  Del.  Ch.  64  at  79.  (yr.  1896) 
(Decided  by  Nicholson,  Ch.) 

(d)  This  requirement  evidently  is  mandatory,  and  to  render  the  or- 
dinance valid,  should  be  complied  with.  The  failure  to  enter  the  aye  and 
nay  vote  upon  the  journals  of  the  two  Houses  of  the  Legislature,  as  re- 
quired by  the  Constitution  of  our  State,  was  held  to  render  a  law  passed 
by  the  Legislature,  void. 

Eash,  r.  b.  vs.  Allen,  a.  b.  (yr.  1909)  App.  Dock.  317  and  387. 
Eoss,  r.  b.  vs.  Allmond,  a.  b.  (yr.  1909)  App.  D.  318  and  388. 

(e)  This  provision  should  also  be  followed,  but,  it  is  submitted,  in 
view  of  the  decision  of  the  Court  in  Banc,  in  the  cases  above,  in  note 
"  d, "  that  it  is  directory  only. 

Legislative 

Sec.  31.    The  members  of  Council  shall  constitute  the  leg-  branch. 
islative  bodv  of  said  citv,  and  shall  be  denominated,  when  as- 

Powers. 

sembled.  "The  Council."  («)    The  Council  shall  have  power  to 

enact  ordinances  (^)  to  preserve  the  health  (^)  of  the  citv.  and  Prevention 

.  .  . '  of   diseases. 

to  prevent  the  introduction  of  infectious  or  contagious  diseases, 

for  which  purpose  its  jurisdiction  shall  extend  to  any  distance 

within  one  mile  of  the  limits  of  the  city.    The  Council  may  also  Nuisances. 

pass  ordinances  to  define  and  remove  nuisances  ;  {(^)  to  ascertain 

and  fix  the  boundaries  of  streets,  scpiares,  lanes  and  alleys,  or^^^'^^^^- 

to  repair  and  amend   the   same,   and  provide  for  the  paving 

thereof,  or  to  edter,  exteiuL  or  widen  auy  street,  square,  lane,  or  Ascents  and 

alley,  or  open  and  lay  out  new  ones,  subject  to  the  provisions  ^'jj  <J«'scents. 

that  behalf  hereinafter  contained;  to  renulate  and  fix  the  as- Gutters. 

"  .  steps. 

cent  and  descent  of  all  streets,  lanes  and  alleys;  to  direct  the  Porches, 
paving  of  footways  and  to  prescribe  the  width  thereof;  to  di- 
rect the  laying  out  of  gutters  and  to  prescribe  the  depth  there- 
of; to  prescribe  the  extent  of  steps,  porches,  cellar-doors  and 


56 


CITY  CHARTER. 


Nisfht 

watches. 

Lighting 

streets. 


Auctions. 

Docks. 

Wharves. 


Cordage   of 
wood  and 
bark. 

Party  walls. 

Building 
regulations. 


Markets. 

Prevention 
of    adultera- 
tion of  milk, 


Inspectors 
of  provis- 
ions, lumber, 
hay. 

Measuring 
and   weigh- 
ing  coal, 
lime,   etc. 
Gunpowder. 


Levy  fines 
on  keepers 
of  dogs. 


other  inlets  to  hiiildings;'^  to  provide  night-watches  and  for 
the  lighting  of  streets  at  the  expense  of  the  corporation,  and 
generally  to  prescribe  and  regulate  the  use  of  the  highways,  (<^) 
streets,  squares,  lanes  and  alleys  of  the  city,  and  to  have  and 
exercise  control  over  the  same,  subject  to  the  provisions  in  that 
behalf  hereinafter  contained,  and  to  the  general  supervision 
and  control  of  the  General  Assembly,  to  provide  for  the  regu- 
lation of  auctions  and  auctioneers,"  for  cleaning  docks  and  reg- 
ulating wharves  (/)  of  the  city ;  also  to  regulate  public  amuse- 
ments ;  to  fix  and  declare  the  weight  of  bread  and  size  of  brick ; 
to  regulate  the  cordage  of  wood  and  bark,  and  to  determine 
what  may  be  esteemed  merchantable ;  to  appoint  wood-corders 
and  establish  their  fees;  to  regulate  party  walls;  to  provide  for 
the  safety  of  the  citizens,  and  for  that  purpose  may  prescribe 
the  height,  thickness  of  walls  and  material  of  buildings  and 
the  mode  of  erecting  the  same  within  said  city,  and  for  provid- 
ing for  and  securing  the  safety  of  the  inmates  thereof,  and 
may  make  provision  for  the  enforcement  of  such  regulations ; 
to  erect  market  houses,  and  to  provide  for  and  regulate  mar- 
kets ;  to  provide  against  the  adulteration  of  milk  and  cream 
sold  or  brought  to  be  sold  in  the  said  city,  and  to  provide  for 
the  proper  inspection  of  the  same;  {^')  to  provide  for  the  proper 
lighting  of  streets,  squares,  lanes  and  alleys  of  said  city,  and 
in  its  discretion  to  provide  for  the  payment  of  the  expenses 
thereof;  to  regulate  the  sweeping  of  chimneys  and  establish 
the  rate  therefor ;  to  appoint  gangers,  inspectors  of  salted  pro- 
visions, and  inspectors  and  measurers  of  lumber,  and  to  es- 
tablish their  fees ;  to  provide  for  the  weighing  of  hay,  and  for 
the  measuring  or  weighing  of  coal,  lime,  grain,  or  any  other 
matter  sold  in  the  said  city ;  to  regulate  the  storage  of  gun- 
powder or  any  other  dangerously^  combustible  matter.  They 
shall  have  power  to  lay  and  collect  fines  on  the  owners  or  har- 
borers  of  any  dog  or  hog  which  may  be  found  at  large  in  any 
of  the  streets,  lanes,  or  alleys  of  the  city  aforesaid,  and  in  gen- 


1.  The  above  powers  printed  in  italics  are  now  vested  in  the  Board  of 
Directors  of  the  Street  and  Sewer  Department.  See  Act  of  Assembly. 
Infra. 

2.  Council  may  also  license  and  tax  auctioneers.  Act  of  May  29,  1897. 
20  D.  L.  691.     See  Chapter  XVIII,  "Miscellaneous  Acts,"  this  volume. 


CITY  CHARTER.  0/ 

eral  shall  have  power  to  do  all  those  matters  and  things  for  the  po^.^rs^ 
well-being  of  the  said  city  which  shall  not  be  in  contravention 
of  any  existing  laws  of  this  State  or  the  Constitution  thereof .  ('') 
Every  bill  Avhich,  after  the  passage  of  this  act,  shall  have 
passed  the  Council,  shall,  before  it  becomes  an  ordinance  of 
said  city,  be  presented  to  the  ]\Iayor  of  said  city.  If  he  ap- 
prove, he  shall  sign  it ;  but  if  not,  he  shall  return  it  with  his 
objections  to  the  Council,  who  shall  enter  the  objections  at 
large  on  their  journal  and  proceed  to  reconsider  it.  If,  after 
such  consideration,  two-thirds  of  all  the  members  of  the  Coun- 
cil shall  agree  to  pass  the  bill,  and  it  shall  be  so  passed,  it  shall 
become  an  ordinance  of  said  citj'.  If  any  bill  shall  not  be  re- 
turned to  the  Council  by  the  said  Mayor  within  ten  days  (Sun- 
day's excepted)  after  the  same  shall  have  been  presented  to 
him,  the  same  shall  become  an  ordinance  in  like  manner  as  if 
he  had  signed  it.  (0  In  all  such  cases  the  votes  of  Council  shall 
be  determined  bj'^  yeas  and  nays,  and  the  names  of  the  persons 
voting  for  and  against  the  bill  shall  be  entered  on  the  journal 
of  the  Council.  The  Council  shall  not  have  power  to  pass  any 
ordinance  exempting  any  individual  from  the  operation  of  any 
general  ordinance  or  municipal  regulations,  (i) 

(a)   Earringfon,  Justice:      "the   City  Council  is  the  legislature  of 

the  corporation. ' ' 
Eice  vs.  Foster,  4  Har.  479  at  503.   (yr.  1847) 

(ft)  "  The  City  of  Wilmington  is  a  municipal  corporation,  invested  by 
the  express  terms  of  its  Charter,  with  power  to  make  ordinances,  subject 
to  the  control  of  the  Legislature,  for  its  own  local  purposes  and  the  gov- 
ernment of  the  city,  which  can  affect  none  but  those  who  come  within  its 
jurisdiction,  or  have  assented  to  them,  by  themselves  or  their  representa- 
tives, ' '  id  497.     And  see  p.  503. 

(c)  The  Council,  and  not  the  Board  of  Health,  has  the  power  to 
pass  ordinances  concerning  the  public  health. 

The  Mayor  and  Council  of  Wil.  vs.  Eeed.  (Munic.  Court  decision,  yi-. 
1910.)     Decision  final. 

(d)  Wolcott,  CJi.:    "In  this  connection  it  may  be  asked,  why  was  the 

authority  given  to  "The  Council.''  now  the 
"Street  and  Sewer  Department."  to  define  nuisances  as  provided  in  Sec. 
31  of  the  City  Charter?"  ^  "  The  power  "may  well  have  been  given 
to  declare  such  acts,  conditions  and  objects  to  be  nuisances  that  are  not 
clearly  within  the  legal  notion  of  a  public  nuisance  at  common  law. 

Mayor  and  Counc.  of  Wil.  vs.  Yandegrift,  1  Marv.  5  at  16.  (yr.  1893) 
Thus  construed  it   does  not   conflict   with   * '  the  jurisdiction   of  the 
Municipal  Court,  as  provided  in  the  first  branch  of  the  jurisdiction  clause 
of  said  Section  15. ' '  id  16. 

And  the  city  is  not  liable  for  the  failure  of  the  police  to  prevent  or 
suppress  nuisances,  id  16-17. 


58  CITY  CHARTER. 


(The  above  referred  to  sledding  on  the  streets  of  the  city.) 

The  Council  would  have  no  authority  to  authorize  a  nuisance  unless 
given  power  to  do  so  "  expressly  or  by  necessary  inference ' '  by  the  Leg- 
islature. 

State  vs.  Luce,  9  Houst.  396  at  398.   (yr.  1885) 

(The  above  referred  to  a  fish  factory.) 

The  Chancellor:  "Nothing  short  of  the  express  authority  of  an  act 
of  the  Legislature  would  be  sufficient  for  this  pur- 
pose. ' ' 

Gray  vs.  Baynard,  5  Del.  Ch.  499  at  502.  (yr.  1883) 

For  a  short  definition  of  a  nuisance,  see  State  vs.  Wetherall,  5  Har. 
487.    (yr.   1854) 

(e)  The  above  provision  relating  to  streets,  &c.,  is  set  out  verbatim 
in  the  case  mentioned  below,  and  principally  upon  the  phrase  ' '  to  pre- 
scribe and  regulate  the  use  of  highways, ' '  the  Supreme  Court  decided, 
that  the  Street  and  Sewer  Department,  and  not  "The  Council,"  had  the 
right  now  (since  1887)  to  pass  ordinances  or  resolutions  concerning  the 
use  of  fenders  by  street  car  companies. 

Bullock's  Admr.  vs.  W.  C.  Ry..  5  Penn.  209  at  213.  (yr.  1905) 

(/)  Wharf  rents  belong  to  "The  Council,"  not  the  Street  and  Sewer 
Department. 

Street  and  Sewer  Department  vs.  Connell,  2  Penn.  571  at  572.  (yr. 
1900) 

(g)  The  Council  cannot  exact  a  license  for  sale  of  milk  under  this 
provision. 

Lore,  C.  J.:  "We  do  not  see,  and  certainly  it  has  not  been  shown 
that  the  right  to  demand  a  license  is  in  any  way  a 
necessary  part  of  that  power. ' ' 

Gray  vs.  Wilmington,  2  Marv.  257  at  269.   (yr.  1896) 

(/))  Fennewill,  J.:  "Under  such  provision"  (welfare  clause)  "we 
think  said  town  council  had  the  power  to  adopt 
the  ordinance  making  it  an  offense  for  any  one  "to  be  drunk,  noisy  and 
disorderly  within  the  limits  of  said  town. ' ' 

McCaffrey  vs.  Thomas,  4  Penn.  437  at  440.  (yr.  1903) 

(i)  Until  the  above  has  been  done  it  is  not  an  ordinance  but  merely  a 
' '  bill, ' '  and  if  endorsements  have  been  made  on  it,  during  its  passage, 
they  would  not  be  treated  as  "additions"  to,  or  "alterations"  of,  the 
bill. 

Spruance,  J.:  " endorsements  on  a  bill  are  the  minutes  of  the 
stages  of  its  progress  through  the  Legislature, ' '  and 
are  usually  ' '  jjut  on  the  back  of  a  bill  for  convenience  and  identifica- 
tion." 

State  vs.  Hegeman,  2  Penn.  147  at  151-2.   (yr.  1899) 

The  violation  of  an  ordinance  is,  in  a  civil  action  for  damages,  negli- 
gence per  se. 

Comegys,  C.  J.:  "disobedience  of  a  city  ordinance  is  unquestion- 
ably, to  say  the  least  of  it,  inexcusable,  if  not  wil- 
ful negligence. ' ' 

Jones  vs.  Belt,  8  Houst.  562  at  564.   (yr.  1884) 

MacFeat's  Admr.  vs.  P.,  W.  &  B.  R.  R.,  5  Penn.  52  at  66  and  69.  (yr. 
1904) 

Giles  vs.  Diamond  State  Iron  Co.,  7  Houst.  453  at  466.   (yr.  1887) 

Robinson  vs.  Simpson,  8  Houst.  398  at  407.   (yr.  1889) 

Knopf  vs.  P.,  W.  &  B.  R.  R.  Co.,  2  Penn.  392  at  396-7.  (yr.  1900) 

(j)   Lore,  C.  J.:     "Here  is  a  general  ordinance  for  an  entire  class  of 
people,  which  licenses  those  of  them  who  sell  more 


CITY  CHARTER.  59 

than  twenty  quarts,  and  exempts  tliem  who  sell  less  than  twenty  quarts. 
Section  31  of  the  municipal  Charter  says:  "The  Council  shall  not  have 
power  to  pass  any  ordinance  exempting  any  person  from  the  operation  of 
any  ordinance  or  municipal  regulation. ' '  They  cannot  discriminate.  We 
think  both  judgments  should  be  reversed  and  so  order. ' ' 

Gray  vs.  Wilmington,  2  Marv.  257  at  269-70.  (yr.  1896) 
Where  a  projection  beyond  the  building  line  (laay  window)  was  not 
of  such  a  character  "as  to  materially  and  substantially  interrupt  or  im- 
pede the  public  use  of  the  same  as  a  street  or  highway,"  (500)  though 
illegal,  the  Court  of  Chancery  will  not  interfere;  and  in  such  a  case  will 
not  ' '  decide  whether  the  special  ordinance  authorizing  the  respondent  to 
erect  the  windows  in  question,  was  or  was  not  within  the  power  of  the 
City   Council." 

Gray  vs.  Baynard,  5  Del.  Ch.  499  at  502.  (yr.  1883) 
In  view  of  the  decision  of  Gray  vs.  Wilmington   (above  cited)   and 
the  Charter  provision  itself,  the  special   ordinance,  granting  permission 
to  erect  bay  windows  beyond  the  building  line,  was  clearly  illegal. 

[In  addition  to  the  above,  the  Council  shall  also  have  the  ^'^^f/oT*^''^^ 
following  powers,  viz :  24  d.  l.,  351. 

First.     The  Council  shall  have  the  power  and  it  shall  be 

„    -r  •  -1  T  City  Couricil. 

its  duty,  on  or  before  the  first  da.y  of  June  m  each  and  every 
year,  to  appropriate  to  and  for  the  Departments  hereinafter  Powers. 
named,  sums  of  money  to  whatever  amounts  the  Council  may 
deem  proper,  provided  that  the  minimum  amount  for  the  De- 
partments respectively  shall  not  be  less  than  the  following: : 

Board  of  Health,  One  thousand  dollars  per  annum  ;  Board  Appropria- 
of  Police  Commissioners,  Ninety  thousand  dollars  per  annum ; 
Board  of  Public  Education  in  Wilmington,  One  hundred  and 
eighty  thousand  dollars  per  annum ;  Board  of  Water  Commis- 
sioners, One  hundred  and  twenty  thousand  dollars  per  annum ; 
Board  of  Directors  of  the  Street  and  Sewer  Department,  One 
hundred  thousand  dollars  per  annum.  Such  appropriations  («) 
shall  be  paid  to  the  respective  Departments  in  quarterly  por- 
tions thereof  during  the  months  of  August,  November,  Febru- 
ary and  May.  All  rents,  incomes,  receipts,  revenues,  and 
moneys  from  any  and  all  sources  now  received,  or  hereafter  to 
be  received  by  any  of  said  Departments  (excepting  the  Board 
of  Public  Education  in  Wilmington,  and  excepting  the  annual 
appropriations  made  by  the  Council  to  the  said  Departments 
respectively),  shall  be  paid  monthly  on  the  first  secular  day  inpayments. 
each  and  every  month  by  the  said  Departments  respectively 
to  the  City  Treasurer  for  the  use  of  the  city,  to  be  expended 


60 


CITY  CHARTER. 


for  municipal  purposes  in  such  manner  as  the  Council  may 
deem  proper. 

(a)  These  appropriatious  are  all  made  to  the  departments  or  agencies 
of  the  city — in  other  words  to  the  city  itself. 

In  this  respect  it  complies  with  Art.  VIII,  Sec.  8  of  the  Constitu- 
tion which  prescribes:  "No  *  *  city  shall  *  *  appropriate 
money  to  *  *  any  private  corporation,  or  any  person  or  company 
whatever."  The  same  constitutional  provision  ajjplies  to  the  county  but 
the  Court  held  the  Levy  Court  could  make  approjiriations  to  the  Ferris 
Reform   School. 

Lore,  C.  J.:  "  Such  appropriation  is  so  broadly  public  and  imper- 
sonal in  its  scope  and  character  as  to  rebut,  if  not  re- 
buke any  suggestion  of  private  emolument,  or  private  interest  within  the 
intendment  of  the  Constitution,  which  clearly  means  that  the  county  shall 
not  be  a  party  in,  or  to,  private  corporations. ' ' 

State  vs.  Levy  Court,  1  Penn.  597  at  604-5.  (yr.  1899) 

Eeasoning  of  the  above  character  made  valid  the  appropriations 
that  ' '  The  Council ' '  made  to  the  fire  companies  of  the  city  for  these  ap- 
propriations were  "broadly  public  and  impersonal  in"  their  "scope  and 
character. ' '  Sec.  68  of  the  Charter  which  related  to  appropriatious  to  fire 
companies  is  now  repealed,  and  the  companies  now  enter  into  contracts 
with  the  city. 


Act  of  April 
5,    1909. 
25D.L.,305.    J^^lv 


[Provided,  however,  that  on  and  after  the  first  day  of 
,  A.  D.  1909,  that  all  rents,  incomes,  receipts,  revenues, 
be*"retained    ^^^  moneys  from  any  and  all  sources  thereafter  received  by 
and^se^'^-er     ^^^^  Street  and  Sewer  Department,    with    the    exception  of 
Department,  sewer  liens,  shall  be  retained  by  the  said  Street  and  Sewer  De- 
partment.] 


May  antici- 
pate appro- 
priation for 
running  ex- 
penses. 


Second.  The  Council  shall  have  power  and  authority',  un- 
til the  appropriations  provided  for  in  this  section  shall  become 
due  and  payable  to  the  Departments  respectively,  to  pay  to 
each  of  said  Departments,  an  amount  sufficient  to  meet  the 
running  expenses  of  the  Departments  respectively;  provided, 
Jiowever,  that  the  total  amount  so  paid  to  any  such  Depart- 
ment shall  not  exceed  the  amount  received  from  any  such  De- 
partment under  the  provisions  of  this  section. 


Salaries  of  Tliird.    The  Council  shall  also  have  power  and  authority 

ofRcGi'*^  of  • 

Council.         to  fix  the  salaries  of  all  of^cers  and  employees  paid  by  said 
Council.  («) 

(a)    See  notes  to  Sec.  48  of  the  Charter. 


■     Fourth.     The  Council  shall  have  the  same  powers  in  all 
respects  as  are  conferred  upon  the  ]Mayor  by  Section  2  of  this 


CITY  CHARTER.  61 

Act.  This  power  may  be  exercised  by  the  Council  in  the  name 
of  The  Mayor  and  Council  of  Wilmington,  and  process  shall 
be  signed  and  attested  by  the  President  and  Clerk  of  Council 
respectively.  The  expenses  incident  to  the  exercise  of  said 
powers  shall  be  paid  by  the  Council  upon  presentation  of  an 
itemized  bill  therefor,  certified  to  as  correct  by  the  President 
of  Council.  Oaths  may  be  administered  by  any  member  of  the 
Council,  and  any  false  answer  or  statement  made  under  oath 
at  any  such  inquiry  or  investigation  shall  be  deemed  perjury, 
and  shall  be  punishable  accordingly.-] 

CITY    TREASURER.  Act  of  March 

25.    1907. 

24  D.  L..  345. 

Sec.  32.     [At  the  city  election  to  be  held  on  the  first  Sat-  if\%j^''''''^ 
urday  in  June,  A.  D.  1907,  and  on  the  same  day  in  every  [sec-  ^*  ^-  ^■'  ^^^■ 
ond-]   («)  year  thereafter,  the  voters  in  the  respective  election  ^^l?,  '^ilc-' 
districts  shall  vote  for  a  City  Treasurer,  (&)  who  shall  be  elected  "°"  °^- 
by  plurality  (<-')  of  all  the  votes  cast  in  the  several  election  dis- 
tricts in  the  city.    The  City  Treasurer  shall  hold  office  for  the 
term  of  two  years,  commencing  on  the  first  day  of  July  next  sue-    ^^^' 
ceeding  his  election.    On  and  after  the  first  day  of  August,  A.  D. 
1907,  the  City  Treasurer  shall  appoint  a  clerk  for  his  office,  to  cierk. 
be  known  as  City  Treasurer's  Clerk,  who  shall  hold  office  at  the 
pleasure  of  the  City  Treasurer.    The  City  Treasurer  shall  have 
power  to  discharge  said  Clerk  at  any  time,  and  his  acts  in  this 
regard  shall  not  be  questioned.     Such  Clerk  shall  receive  a 
salary  of  Nine  hundred  dollars  per  year,^  payable  in  the  same  clerk's 
manner  as  other  city  officers  are  paid.    The  Council  shall  have 
power  by  ordinance  to  increase  the  salary  of  such  Clerk  at  any 
time.] 

(fl)    See  note  "a,"  Sec.  6  of  the  Charter  for  an  explanation  of  the 
word  "second"  in  the  above  section. 

(b)   Harrington,  Justice.:    "Before  the  adoption  of  any  constitution 
in  tliis  State,  the  office  of  treasurer  of  the 
borough  of  Wilmington  was    established.     *     *     It     (borough    of    Wil- 
mington)  received  a  charter  from  the  General  Assembly  in  1772,  by  the 
25th  section  of  vrhich  the   freeholders  and  electors  within   the   borough 


1.     City  Trea.surer'.s  Clerk  now  receives   $1200  per  annum.     See  Ordi- 
nance of  Aug.  5,  1909,  this  volume. 


62 


CITY  CHARTER. 


were  authorized  at  every  annual  election,  to  choose  a  treasurer  for  the 
borough. ' ' 

State  vs.  Wil.  City  Council,  3.  Har.  294  at  301.  (jr.  1840) 

The  qualifications  of  cit}^  officials  are  contained  in  Sec.  4  of  the 
Charter.  That  Section  prohibits  a  minister  of  the  gospel  holding  a  city 
office.  The  Constitution  of  1831  contained  a  similar  provision  in  refer- 
ence to  any  ' '  civil  office  in  this  State. ' '  The  Court  held  that  the  office 
of  City  Treasurer  was  not  a  ' '  civil ' '  office,  and  that  the  constitutional 
clause  referred  to  State  and  county,  and  not  to  municipal  officers. 

Laijtoii,  Justice:     "Corporate  officers  are  not  State  officers,"  &c. 

State  vs.  Wil.  City  Council,  3  Har.  294  at  310.  (yr.  1840) 

Nicholson,  Ch.:  "the  office  of  Treasurer  of  the  City  of  Wilming- 
ton was  not  a  civil  office  in  this  State  within  the 
meaning  of  that   constitutional  provision. ' ' 

State  vs.  Churchman,  3  Penn.  361  at  369.   (yr.  1902) 

The  Court  thus  held  that  a  minister  of  the  gospel  was  eligible  in  re- 
lation to  municipal  offices.  Sec.  4  of  the  Charter  renders  him  ineligible. 
The  Constitution  of  1897  excludes  the  prohibitory  provision  that  was  in 
the  Constitution  of  1831.  so  that  now,  a  minister  of  the  gospel  is  eligible 
for  any  State  office,  (formerly,  he  was  not),  but  he  is,  now,  not  eligible 
for  any  city  office,   (formerly  he  was). 

The  reason  given  for  his  exclusion  from  State  offices,  formerly,  was 
a  desire  to  keep  the  affairs  of  the  Church  and  State  separate. 

State  vs.  Wil.  City  Council,  3  Har.  294  at  302.   (yr.  1840) 

See  Seie.  4,  note  "a,"  paj\  2. 

(c)  This  provision  expressly  says  a  "plurality"  shall  elect.  In  the 
absence  of  such  a  provision  it  would  require  a  "majority." 

Layton,  Justice:  "It  appears  there  were  986  votes  cast  at  the  elec- 
tion held  on  the  13th  of  October,  of  which  John 
Hagany  received  but  490,  being  a  plurality  over  other  candidates,  but  a 
less  number  than  a  majority  of  all  the  corporators  who  voted  at  that  elec- 
tion. I  am  of  opinion,  therefore,  and  concur  with  the  chief  justice,  that 
John  Hagany  was  not  duly  elected  treasurer  of  the  City  of  Wilmington." 

State  vs.  Wil.  City  Council,  3  Har.  294  at  310-311.  (yr.  1840) 

(Hagany  had  a  plurality  of  one  vote,  but  lacked  seven  of  a  ma- 
jority.) 


Bond. 


Warrant    of 
Attorney. 


Sec.  33.  The  City  Treasurer  shall,  before  entering  upon 
the  duties  of  his  office,  («)  give  bond  to"  The  Mayor  and  Council 
of  Wilmington, ' '  in  such  amount  as  shall  be  determined  by  the 
Council,  with  surety  to  be  approved  by  the  ]\Iayor  and  Presi- 
dent of  Council,  conditioned  for  the  faithful  performance  of 
the  duties  of  his  office,  with  a  warrant  of  attorney  for  the  con- 
fession of  judgment  thereto  annexed.  (^) 


(rt)   See  Sec.  11, 
duties  of  his  office. ' ' 


■a,"  as  to  the  phrase  "before  entering  upon  the 


(5)  There  used  to  be  a  statute  making  the  act  of  limitations  on  the 
Treasurer 's  bond  two  years  after  the  expiration  of  his  term  of  office.  The 
Court  construed  that  act  strictly,  and  held  that  judgment  could  not  be  en- 
tered uj)  after  the  said  two  years,  and  it  also  held  that  the  rule,  that,  in 
cases  of  concealment  of  fraud,  the  statute  begins  to  run  from  discovery 
of  the  fraud,  did  not  apply  in  such  a  ease. 

The  Chancellor:     "This  principle  does  not  apply  to  the  present  case. 


CITY  CHARTER.  63 

The  judgments  mentioned  in  tliese  proceedings  were 
not  entered  within  the  period  prescribed  by  law. ' ' 

Grimshaw  vs.  Wihnington,  5  Del.  Ch.'lSS  at  186.   (yr.  1S77) 

(In  the  absence  of  such  a  statute  the  equitable  doctrine  mentioned 
has  force.) 

(The  statute  of  limitations  on  sealed  instruments,  generally,  is  20 
years. ) 

In  the  case  below  mentioned,  the  Court  held  that  where  a  State 
Treasurer  appointed  one  to  help  him  to  collect  money,  he  was  not  merely 
the  agent  of.  the  State  Treasurer,  but  a  public  officer,  and  the  statute  of 
limitations  relative  to  collectors  of  State  taxes  applied. 

State  Treas.  vs.  Whitaker  et  al,  2  Har.  136  at  137.  (yi-.  1836) 

Sec.  34.     All  moneys  belonging  to  the  city  which  shall  Moneys. 
come  into  the  hands  of  the  City  Treasurer,  shall  be  by  him  de-  posited, 
posited,  every  day,  in  some  incorporated  banking  institution 
or  institutions  to  be  designated  by  Council,  in  the  name  of 
"The  Mayor  and  Council  of  Wilmington,"  generally,  except 
in  the  case  of  money-proceeds  arising  out  of  a  bonded  debt 
authorized  by  the  General  Assembly  for  a  specific  purpose  or 
use,  in  which  case  such  money-proceeds  shall  be  deposited  in 
the  name  of  The  ]\Iayor  and  Council  of  AVilmington  for  the 
special  purpose  or  use  for  which  the  debt  was  authorized  and 
shall  only  be  drawn  out  for  such  special  purpose  or  use.     All  ^^^  drawn 
moneys  so  deposited  shall  be  drawn   out    only   on   an   order  «"*• 
signed  by  the  President  and  Clerk  of  Council,  and  counter- 
signed by  the  City  Auditor  and  City  Treasurer,  or  in  ease  of 
the  absence  or  temporary  disability  of  either,  then  by  such  per- 
son as  the  Council  may  designate  by  resolution,  and  the  others. 

Sec.  35.    The  City  Treasurer  shall  furnish  to  the  Council,  ^^^y  Ti-eas- 
at  each  stated  meeting,  an  itemized  statement  of  all  moneys  re-  "[|j^  itemized 
ceived  by  him  during  the  period  between  such  stated  meeting  orm^neys 
and  the  one  immediately  preceding,  together  with  the  aggre- '■^^®*'^®'^- 
gate  amount  paid  out  of  the  city  treasury  during  said  week 
and  the  balance  remaining  therein  at  the  time  of  making  said 
statement.    If  the  City  Treasurer  shall  pay  any  money  out  of  penalty, 
the  city  treasury  contrary  to  the  provisions  of  this  act,  he  shall 
forfeit  and  peiy  to  the  corporation,  for  every  such  offense,  a 
fine  of  five  hundred  dollars,  and  he  and  his  sureties  shall  be  ^'"*^- 
liable  to  the  city  upon  his  official  obligation  for  any  money  so 
paid  out  by  him. 


64:  CITY  CHARTER. 


City   Treas- 
ure 
of. 


Sec.  36.  The  City  Treasurer  shall  perform  such  other  du- 
urer.  Duties  ^jgg  (-«■)  gg  ^pg  hereinafter  prescribed  by  this  act,  or  by  such  or- 
dinance or  ordinances  as  Council  shall  from  time  to  time  enact, 
and  which  are  not  inconsistent  with  the  provisions  of  this  act. 
The  Council  may  enforce  by  suitable  penalties  any  duties  en- 
joined by  this  act  or  by  such  ordinance  or  ordinances  afore- 
said, except  where  penalties  are  provided  by  this  act. 

(«)  A  dtity  not  prescribed,  but  ■niiicli  would  seem  to  follow  from  the 
office,  would  be  to  make  the  affidavit  required  by  law,  in  suits  brought  by 
the  city.    This  was  done  by  the  City  Treasurer  in  1853,  and. 

It  was  "objected  that  the  affidavit  was  made  by  the  Treasurer  of 
the  city  corporation,  and  there  was  no  provision  in  the  law  that  this  of- 
ficer should  swear  in  this  respect  for  the  corporation. 

The  Court  assented  to  this. ' ' 

Mayor  and  Council  Wil.  vs.  Hedges  &  McClung,  5  Har.  421  at  422. 
(yr.  1853) 

(Sec.  4,  p.  790  Rev.  Code  says,  "the  affidavit  of  the  cashier  or  Treas- 
urer shall  be  sufficient  in  this  Section."     It  thus  becomes  his  duty.) 

CITY  AUDITOR. 
Act  of  March 
25,  1907. 

24  D.  L.,  346.  [Sec.  37.     Ou  the  third  Wednesday  in  July,  A.  D.  1907, 

City  Auditor.  ^^-^^  ^-^  ^|-^g  ii,^iiiQ,  time  in  every  [second]  («)  year  thereafter,  the 
^^^1^0^^^^^  Mayor  shall  appoint  a  person  to  discharge  the  duties  of  City 
24  D.  L.,  356.  Auditor,  who  shall  hold  office  until  his  successor  is  duly  ap- 
Term.  pointed  and  qualified.  (^)    The  term  of  office  of  said  City  Audi- 

tor shall  commence  on  the  first  day  of  August  next  succeeding- 
his  appointment.  On  and  after  the  first  day  of  August,  A.  D, 
1907.  the  City  Auditor  shall  appoint  a  Clerk  for  his  office,  to 
Clerk  of  City  ^6  kuown  as  City  Auditor's  Clerk,  who  shall  hold  office  at  the 
Auditor.  pleasure  of  the  City  Auditor,  and  perform  such  duties  as  shall 
be  required  of  him  by  said  Auditor.  The  power  and  authority 
of  the  City  Auditor's  Clerk  may  be  increased  by  ordinance  of 
the  Council.  The  City  Auditor  shall  have  power  and  authority 
to  discharge  said  Clerk  at  any  time,  and  his  acts  in  this  regard 
shall  not  be  questioned.  Such  Clerk  shall  receive  a  salary  of 
Nine  hundred  dollars  per  year,^  payable  in  same  manner  as 
other  city  officers  are  paid.    The  Council  shall  have  power  by 


1.     Salary,   now,   is   $1200  per  year.     See  ordinance  July  25,    1908,    this 
volume.      See  also  Sec.  31.  p.  60,  at  "Third." 


CITY   CHARTER.  65 

ordinance  to  increase  such  salary  at  any  time.] 

(a)  111  reference  to  the  word  "second,"  see  note  "a."  Section  6,  of 
the  Charter. 

(b)  Note  the  phrase,  "until  his  successor  is  duly  appointed  and 
qualified,"  not  just  for  "two  years."  This  permits  him  to  hold  over  in 
case  of  a  void  election. 

Sec.  38.  The  City  Auditor,  before  entering  upon  the  Bond. 
duties  of  his  office,  shall,  with  sufficient  surety  or  sureties,  be- 
come bound  to  the  city  by  a  joint  or  several  obligation,  («)  to  be 
with  surety  or  sureties  therein,  approved  by  the  finance  com- 
mittee, with  a  condition  therein  for  the  faithful  performance 
of  his  duty;  and  shall,  so  often  as  the  Council  shall  direct, 
make  return  to  the  City  Treasurer,  under  oath  or  affirmation,  Return  to 

•^  '  .  .  -,.  City   Treas- 

of  each  item  of  the  monevs  received  bv  him,  and  iimnediately  urer.  and 

payment   of 

pav  the  amount  in  his  hands  to  the  City  Treasurer.  moneys  re- 

celved. 

(a)  The  word  here  used  is  "obligation."  It  has  the  same  meaning 
as  bond.  As  to  the  phrase  ' '  before  entering  upon  the  duties  of  his  of- 
fice,"  see  Section  11,  "a"  of  the  Charter. 

Sec.  39.  The  duties  of  the  City  Auditor  shall  be  such  as  5uties^,of^^_ 
are  prescribed  by  this  act,  or  as  the  Council  shall,  by  ordinance  fi"®*^- 
not  inconsistent  with  the  provisions  of  this  act,  from  time  to 
time  prescribe,  and  Council  may  enforce  the  same  by  suitable 
penalties.  Among  his  other  duties  the  City  Auditor  shall  ex- 
amine all  bills  against  the  cit^'  and  indorse  them  as  correct  be- 
fore they  are  presented  to  Council  for  payment.  He  shall  also 
examine  and  countersign  all  drafts  or  orders  upon  the  City. 
Treasurer  before  they  shall  be  paid,  and  withhold  his  signa- 
ture in  case  the  draft  or  order  is  made  without  sanction  of  law, 
without  any  appropriation  therefor  by  Council  regularly 
made,  is  drawn  against  a  wrong  fund,  or  with  any  circum- 
stances of  fraud  actually  or  presumably  attached  thereto ;  in 
all  of  which  eases  he  shall  report  his  action  and  the  grounds 
therefor  to  Council   at  its   ensuing  meeting.     Council   shall  Duty  of 

xi  11  en  1  1  1^  1  ■  T  T  T  City  Council. 

thereupon  duly  careiully  and  publicly  consider  the  case,  and 
shall  sustain  or  overrule  his  action  by  a  direct  vote  by  yeas  and 
nays  upon  the  question ;  whereupon  it  shall  be  the  duty  of  the 
City  Auditor,  in  case  he  shall  be  overruled,  to  countersign  the 
said  draft  or  order,  in  which  case  he  shall  be  exonerated  from 
all  imputation  or  responsibility  in  the  premises. 


66 


CITY   CHARTER. 


CITY    SOLICITOR. 


Act  of  March 

25,   1907. 

24  D.  L.,  349. 

City    Solici- 
tor. 
How  chosen. 

Act    of    Mar. 
25,  1907.    24 
D.  L.  357. 
Act    of    Mar. 
11,   1909.     25 
D.    L.    306. 


Qualification. 
Salary. 


Assistant 
City   Solici- 
tor. 


Salary. 


Powers  of 
City   Solici- 
tor. 


[Sec.  40.  On  the  first  day  of  July,  A.  D.  1907,  and  at  the 
same  time  every  [second]  («)  year  thereafter,  the  Mayor  shall 
appoint  a  City  Solicitor  Avho  shall  hold  his  office  for  the  term 
of  two  years  and  until  his  successor  is  duly  appointed  and 
qualified.  ( ^ )  The  person  so  appointed  City  Solicitor  must  be  an 
attorney  and  counselor  of  the  Superior  Court  of  the  State  of 
DelaAvare,  who  shall  have  been  admitted  to  practice  therein  at 
least  [three]  years  j^rior  to  his  appointment,  and  shall  also  be 
a  Solicitor  in  the  Court  of  Chancery.  The  salary  of  the  City 
Solicitor  shall  be  Twenty-five  hundred  dollars  per  annum,  pay- 
able in  the  same  manner  as  other  city  officers  are  paid.  The 
City  Solicitor  shall  appoint  an  Assistant  City  Solicitor  who 
shall  hold  office  at  the  pleasure  of  the  City  Solicitor  and  per- 
form such  duties  as  shall  be  required  of  him  by  said  City 
Solicitor.  The  City  Solicitor  shall  have  power  to  discharge 
said  Assistant  at  any  time,  and  his  acts  in  this  regard  shall  not 
be  questioned.  Such  Assistant  shall  receive  a  salary  of  Six 
hundred  dollars  per  year  payable  in  the  same  manner  as  other 
city  officers  are  i^aid.  The  Council  shall  have  power  by  ordi- 
nance to  increase  his  salary  at  any  time.  In  addition  to  his 
other  powers,  the  City  Solicitor  is  hereby  authorized  to  compel 
the  attendance  of  witnesses  and  the  production  of  books  and 
papers  at  his  office  at  any  time,  and  to  administer  oaths  and 
affirmations  to  witnesses  at  any  time  or  in  any  place,  for  the 
purpose  of  securing  information  relative  to  his  duties  as  prose- 
cuting officer  of  the  ]\Iunicipal  Court,  and  for  violations  of  any 
laws  or  ordinances  affecting  or  concerning  said  city.  Sub- 
poenas and  attachments  for  the  attendance  of  such  witnesses 
and  the  production  of  such  books  and  papers  shall  be  signed 
by  the  City  Solicitor  and  shall  be  served  by  any  police  officer. 
Any  false  answer  or  statement  given  in  such  a  case  shall  be 
deemed  perjury  and  punishable  accordingly.  The  costs  in 
such  cases  shall  be  paid  by  the  Clerk  of  the  Municipal  Court 
in  the  same  manner  as  the  costs  of  proceedings  in  said  court 
are  paid.] 

(a)    See  note   "a,"   Section   6,   of  the  Charter   in   reference  to  the 
word  ' '  second. ' ' 

(&)   Note  the  phrase  "for  the  term  of  two  years,  and  uniil  his  suc- 
cessor is  duly  appointed  and  qualified, ' '  not  merely  for  ' '  two  years. ' ' 
This  permits  him  to  hold  over  in  case  of  a  void  election. 


CITY   CHARTER.  67 

Sec.  41.  The  City  Solicitor  shall  be  the  legal  adviser  of 
all  the  departments  of  the  government  of  said  city  and  shall 
have  charge  of  all  the  legal  business  thereof,  and  no  fees  shall  Duties, 
be  paid  by  any  of  said  departments  for  any  legal  services  to 
any  person  who  shall  have  been  employed,  without  the  ap- 
proval of  said  City  Solicitor.  The  said  Solicitor  shall  perform 
such  duties  as  are  prescribed  by  this  act  and  by  such  ordinance 
or  ordinances  as  Council  shall  from  time  to  time  enact,  and 
which  are  not  inconsistent  with  the  provisions  of  this  act,  and 
Council  may  enforce  the  performance  of  said  duties  by  suit- 
able penalties,  except  where  penalties  are  provided  in  this  act. 

city  constables.^ 

Sec    4*^      *      *      ***-"=******** 

.The  High  Constable  and  the  other  City  Constables  shall  assist  Duties  of 

Constables. 

the  Mayor  in  carrying  into  effect  the  ordinances  of  the  city, 
and  shall  perform  all  such  duties  as  may  be  prescribed  by  Act 
of  the  General  Assembly,  or  by  the  ordinances  of  the  city. 
They  shall  possess  like  powers  within  the  County  of  New 
Castle  as  are  possessed  by  the  Constables  of  th«  County. 

Sec.  43.      ********* 
Qep    44         ************** 

Sec.  45.  The  Mayor  («)  may,  upon  any  emergency,  or  ap-  ftsfb/^s^ '~'°"" 
prehension  of  riot  or  mob,  take  command  of  the  police  force  and  I^^nted  ^' 
appoint  as  many  special  Constables  as  he  may  deem  advisable. 
During  their  service  the  special  appointees  shall  possess  the 
powers  and  perform  the  duties  of  other  Citj^  Constables,  and 
shall  receive  such  compensation  as  shall  be  authorized  by  the  ^"^^ers.^"^ 
Mayor,  not  exceeding  that  of  the  officers  of  the  regular  force 
performing    corresponding    duties.      The    Mayor    shall   have 
power  to  summon  the  posse  comitatus  for  the  preservation  of  ^jayor.°^ 


1.  The  power  of  appointment,  discharge  and  control  of  the  police  force, 
as  such,  is  now  vested  in  the  Board  of  Police  Commissioners,  by  an  Act 
entitled  "An  Act  to  provide  for  a  Municipal  Police  Commission  for  the 
City  of  Wilmington,"  passed  April  IS,  1893.  19  D.  L.  1000,  p.  205  this  vol- 
ume. 


CITY   CHARTER. 

the  public  peace  and  hold  and  employ  such  posse  subject  to  his 
direction/ 

(a)  Note  1  to  this  Section  is  self-  explanatory,  and  yet  the  act  creat- 
ing the  ' '  Board  of  Police  Commissioners ' '  would  have  iDeen  drawn  more 
satisfactorily  if  it  had  expressly  repealed  the  above  Section  45. 

The  Act  of  1891  took  all  powers  from  the  Mayor  and  vested  them  in 
the  newly  created  Board,  of  which  the  Mayor  was  a  member,  and  the  Act 
of  1893  took  all  powers  from  the  old  Board  and  vested  them  in  the  pres- 
ent Board  of  Police  Commissioners. 

Nicholson,  Ch.:  "The  purpose  and  object  of  the  Street  and  Sewer 
%  act  was  manifestly  to  take  the  whole  subject  mat- 

ter of  construction,  and  also  the  regulation,  of  the  use  of  the  street^,  &c., 
from  ' '  The  Council, ' '  just  as  the  purpose  of  the  Water  Commission  act 
was  to  take  it  away  as  to  water,  and  of  the  Police  Board  act  as  to  the 
police. ' ' 

Bullock's  Admr.  vs.  W.  C.  Ry..  5  Penn.  209  at  217.   (yr.  1905) 

At  the  time  of  the  above  decision  ' '  The  Council ' '  had  lost  control  of 
the  police.  ' '  The  Council ' '  today  fixes  the  number  of  the  police  force  in 
that  it  cannot  be  increased  without  its  consent,  nor  the  salaries  of  the 
men  increased.  "The  Council"  may  impeach  the  Police  Commissioners. 
See  p.  206  this  volume. 


Sec.  46. 


SALARIES  AND  PEES.' 


Salaries  of 
officers. 


Act  of  March 
25,  1907. 


Ord.  July 
25,   1908. 
Act  of  March 
25,    1907. 

Ord.    July 
25,   1908. 


Sec.  47.  The  salaries  («)  of  the  several  officers  herein  pro- 
vided for  shall  be  fixed  from  time  to  time  by  ordinance,  pay- 
able monthly,  and  shall  not  be  less  per  annum  than  the  follow- 
ing amounts,  respectively : 

j\Iayor — Two  thousand  dollars. 

Judge  of  Municipal  Court — Fifteen  hundred  dollars. 

President  of  Council — Two  hundred  dollars. 

Clerk  of  Council — Fifteen  hundred  dollars. 

City  Solicitor — Twenty-five  hundred  dollars. 

City  Treasurer — Twelve  hundred  dollars. 

City  Auditor — Fifteen  hundred  dollars. 


1.  See  Sees.  1  and  4  of  the  above  police  commission  Act.  These  sec- 
tions seem  to  render  Sec.  45  void. 

2.  Supplied  by  Sec.  7  of  the  above  Act. 

3.  Council  shall  have  power  and  authority  to  fix  the  salaries  of  all 
officers  and  employees  paid  by  said  Council.  Act  of  March  25,  1907.  24  D. 
L.,  352,  Sec.  31  of  the  Charter,  p.   GO.  at  "Third." 


CITY   CHARTER.  69 

Chief  Engineer  of  the  City — Two  thousand  dollars.  fo'Sm "^^"^'^ 

Clerk  of  the  ]\Iunicipal  Court — Twelve  hundred  dollars.  Ord.  July 

og    1908 

Each  ]\Iember  of  Board  of  Health — One  hundred  dollars. " 

Each  Executive  Officer  of  Board  of  Health — Nine  hun-  ord.  April 
dred  dollars. 

Registrar  of  Deaths,  Births  and  Marriages — Eight  hun- 
dred dollars. 

[The  President  of  the  Council,  Chairman  of  the  Finance 
Committee  and  the  Building  Inspector,  each  one  hundred  and  Act  of  April 

^  '  12.    1887. 

fifty  dollars  ($150) ,  for  their  services  as  members  of  the  Board  is  d.  l.,  348. 
of  Assessment,  Revision  and  Appeals.] 

(a)  "The  salary  or  fees  of  an  officer  of  a  municipal  corporation 
may  ordinarily  be  recovered  as  other  debts  by  an  action  at  law,  but  such 
an  action  cannot  be  maintained  for  salary  during  time  not  in  possession 
by  one  claiming  the  office  while  there  is  a  de  facto  incumbent,  until  the 
right  to  the  office  has  been  adiudicated  in  a  proper  proceeding  to  trv 
•the  title." 

Lee  vs.  Wilmington,  1  Marv.  65.   (syllabus)    (yr.  1894) 


Member  of  Council — $1  for  each  meeting  of  Council,  and 
fifty  cents  for  each  committee  meeting  he  shall  attend,  and 
the  chairman  of  each  committee  shall  keep  a  record  book  in 
which  he  shall  enter  the  attendance  of  all  members  of  the  com- 
mittee of  which  he  is  chairman,  and  report  the  same  monthly 
to  the  Clerk  of  the  Council.     [Provided,  however,  that  no  mem-  „ 

■^  '  '  Proviso. 

ber  of  Council  shall  receive  as  compensation  for  his  attend- ^^^  ^^  ^    jj 
ance  and  services  in  any  one  month  a  greater  sum  than  twenty  1^^^^?^-  ooc 
dollars ;  but  this  proviso  shall  not  apply  to  or  affect  the  extra  g^^^^. , 
salary  of  the  President  of  Council  as  such,  or  the  extra  salary 
or  allowance  of  the  Chairman  of  the  Finance  Committee  of 
Council,  or  of  the  Chairman  of  the  Public  Buildings  Conmiit-     ' 
tee  of  Council  as  such,  or  the  extra  salary  or  allowance  of  the 
President  of  Council,  or  the  Chairman  of  said  Finance  Com- 
mittee for  their  services  as  members  of  the  Board  of  Assess- 
ment. Revision  and  Appeals.] 

The  salaries  of  officers  of  the  city,  other  than  tho.se  above  Not  to  be 
designated,  shall  be  established  by  ordinance ;  but  the  Council  decreased 
shall  not  have  power  to  augment  («)  or  reduce  (^)  the  salary  of  of  offlcer. 


70 


CITY   CHARTER. 


Proviso. 


any  officer  for  and  during  the  period  for  which  he  shall  have 
been  elected  or  appointed ;  provided,  that  with  respect  to  any 
person  who  may  be  in  office  at  the  time  of  the  passage  of  this 
act,  the  Council  may.  if  the  sum  herein  named  shall  be  deemed 
by  said  Council  inadequate  as  compensation  for  the  duties  here- 
in or  hereafter  imposed  upon  any  officer,  increase  any  of  said 
salaries  by  ordinance  pa.ssed  prior  to  the  first  day  of  Septem- 
ber next  ensuing  the  passage  of  this  act.^ 

(a)  See.  31,  p.  60,  at  "Third,"  gives  "The  Council"  the  power  to 
"fix"  salaries.  This  is  under  a  law  which  was  passed  in  1907;  the  above 
section  was  passed  in  1883.  Under  this  later  act  the  Council  has  ' '  aug- 
mented ' '  the  salaries  of  officials  during  their  term  of  office.  Art.  15,  Sec. 
4  of  the  Constitution  of  1897  has  no  prohibition  against  "increasing" 
salaries  of  officers  during  their  term  of  office. 

(6)  What  right  "The  Council"  would  have  under  the  Act  of  1907 
(its  power  being  to  "fix"  salaries,)  to  "reduce"  them  during  one's 
term  of  office,  has  not  been  decided.  Art.  15,  Sec.  4  of  the  Constitution 
prescribes  that  ' '  no  law  shall  diminish ' '  one  "s  salary  or  emoluments  dur- 
ing office.  The  general  doctrine  is  that  constitutional  provisions  apply 
only  to  State  and  county  offices  and  not  to  municipal  offices.  (See  notes 
to  Sees.  5  and  32  "b"  of  the  Charter.)  The  Legislature  can  abolish  all 
city  offices  at  pleasure. 

SaulsMiry,  Ch.:  "All  the  agencies  of  the  city  *  *  can  be  abol- 
ished or  changed,  at  the  will  of  the  Legislature, 
and  even  their  functions  terminated  and  assigned  to  other  and  different 
agencies. ' ' 

Coyle  vs.  Mclntire,  7  Houst.  44  at  98.  (yr.  1884) 

As  to  Siate  offices,  while  the  Court  held  that  an  officer 's  salary  could 
not  be  ' '  diminished ' '  during  his  term  of  office  because  of  the  Constitu- 
tion, yet  it  decided  the  Legislature  could  ' '  abolish ' '  the  office,  and  re- 
create it  the  next  instant  with  new  incumbents.     The  Court  also  said : 

Lore,  C.  J.:  " It  is  well  settled  that  offices  created  by  the  Legislat- 
ure are  entirely  within  legislative  control ;  that  the  gift 
of  such  an  office  is  not  a  contract.  *  *  When  an  office  is  abolished  the 
former  incumbent  has  no  right  to  compensation  for  the  unexpired  term. 
The  salary  is  an  incident  of  the  office  and  dies  with  it,"  &c. 

State  ex  rel.  McVey  vs.  Burris,  4  Penn.  3  at  5.  (yr.  1901) 


No  addi- 
tional fees 
allowed. 


No  officer  whose  salary  is  fixed  by  this  act,  or  by  ordinance 
of  said  Council,  shall  receive  any  fees  («)  or  emoluments  in  ad- 
dition thereto,  except  such  fees  as  are  provided  in  this  act ;  but 
all  fees  or  emoluments  pertaining  to  said  offices,  except  as 
aforesaid,  shall  be  paid  monthly  by  the  persons  reeei\'ing  the 
same,  to  the  City  Treasurer  for  the  use  of  the  city,  taking  his 
receipt  therefor,  which  sum  so  received  shall  be  reported  to 


1.     Council  given  power  to   fix  salaries    of  all   offlcers   and   employees 
paid  by  Council.     See  Sec.  31  of  the  Charter  p.  60,  at  "Third." 


CITY    CHARTER.  71 

the  Council  by  said  Treasurer  at  the  next  stated  meeting  of 
Council  after  the  receipt  thereof.  Provided,  however,  that 
whenever  any  city  official  is  called  by  city  business  outside  of 
the  city  limits.  Council  shall  allow  to  such  city  official  his  ac- 
tual traveling-  expenses  and  such  other  reasonable  compensa- 
tion as  may  by  Council  be  deemed  proper.  [Whenever  the  ^^^^^g.^P"' 
duties  imposed  on  any  city  official  are  such  as  to  make  it  neces-  ■^'  ^-  ^■'  ^*^^- 
sary,  the  Council  shall  provide  such  city  official  a  proper  place 
or  office  wherein  such  duties  may  be  performed,  and  shall  pro- 
vide for  the  necessary  maintenance  of  such  place  or  office.] 

(a)  These  "fees  or  emoluments''  as  the  la^v  reads,  are  such  as  per- 
tain to  the  office.  Witness  fees  may  be  obtained  for  attending  Court  in 
behalf  of  the  corporation. 

Lore,  C.  J.:  "they  are  public  officers,  and  we  do  not  see  why  they 
should  be  precluded  from  payment  for  their  attend- 
ance upon  this  Court.  *  *  This  is  *  ^  a  public  corporation,  where 
they  are  performing  a  public  duty,  and  whether  the  person  is  the  Presi- 
dent or  the  Secretary,  or  whether  he  is  only  one  of  the  Trustees,  it  mat- 
ters not.      "      *     They  have  no  private  interest  in  this  action. ' ' 

Taylor  vs.  Trustees  Poor  N.  C.  Co.,  1  Penn.  247  at  248.  (yr.  1898) 

Sec.  48.     It  shall  be  the  dutv  of  the  High  Constable  of  DutyofHigh 

Constable 

said  citv.  or  other  iierson  who  mav  be  the  keeper  oi  the  prison  and  keeper 
cells  in  said  city  or  in  charge  thereof,  to  receive  and  lock  up  prisons. 
and  safely  keep  in  said  cells  any  person  committed  by  any 
judgment  or  sentence  of  the  Municipal  Court  of  said  city,  or 
of  any  Justice  of  the  Peace,  resident  of  said  city,  for  the  vio- 
lation of  any  of  the  provisions  of  the  laws  of  this  State,  or  of 
the  provisions  of  this  act,  or  of  the  ordinances  of  said  city,  for 
temporary  confinement,  until  such  person,  committed  as  afore- 
said, may  be  taken  to  the  common  .jail  of  New  Castle  County^ 
by  the  officer  to  whom  such  person  may  have  been  committed, 
and  the  actual  costs  for  all  meals,  medical  attendance  anc^  j^xpense. 
medicines  furnished  such  person  so  committed  as  aforesaid  by  How  borne, 
the  said  High  Constable,  or  other  person,  keeper  of  said  cells 
or  in  charge  thereof,  shall  be  paid  by  the  Council,  after  an 
itemized  bill  thereof,  verified  by  the  affidavit  of  the  person 
furnishing  the  same,  audited  by  the  City  Auditor  in  the  same 
manner  as  other  bills  against  the  said  city  are  now  paid,  shall 
have  been  presented  to  the  said  city. 

1.  Prisoners  to  be  delivered  to  New  Castle  County  Workhouse.  See 
21  D.  L.  p.   413,  Sees.  3  and  4. 


72  CITY   CHARTER. 


Wards  and  ELECTION  WARDS  AND  DISTRICTS, 

election    dis- 

Act*of  April  Sec.  49.     The  City  of  Wilmington  shall  be  divided  into 

is'd.^iI,  363.    [twelve]  wards,  as  follows: 

First  Ward.  The  First  Ward  shall  consist  of  all  that  part  of  the  city 

laying  and  being  south  of  Sixth  street,  and  bounded  on  the  east 
by  a  line  passing  southerly  through  the  middle  of  IMarket 
street  extended  to  the  southerly  city  line,  and  on  the  west  by 
a  line  passing  southerly  through  the  middle  of  Washington 
street  extended  to  the  southerly  city  line. 

Second  The  Second  Ward  shall  consist  of  all  that  part  of  the  said 

Ward. 

city  east  of  JMarket  street  and  south  of  Third  street. 

Third  Ward.  The  Third  Ward  shall  consist  of  all  that  part  of  the  said 

city  lying  and  being  south  of  Sixth  street  and  bounded  on  the 
east  by  a  line  passing  southerly  through  the  middle  of  Wash- 
ington street  extended  southerly  to  the  point  of  intersection 
with  the  middle  of  West  Liberty  street  extended,  on  the  west 
by  a  line  passing  southerly  through  the  middle  of  Adams  street 
to  the  point  of  intersection  with  the  middle  of  West  Liberty 
[street]  extended,  on  the  west  by  a  line  passing  southerly 
through  the  middle  of  Adams  street  to  the  point  of  intersection 
with  the  middle  of  ]\Iaryland  avenue,  and  having  for  its  gen- 
eral southerly  boundary  a  line  commencing  at  the  point  of  in- 
tersection of  the  middle  of  Adams  street  with  the  middle  of 
Maryland  avenue;  thence,  along  the  middle  of  ^MarAdand  ave- 
nue to  its  intersection  with  the  middle  of  West  Liberty  street 
extended,  southeasterly  to  its  intersection  with  the  middle  of 
Washington  street  extended  southerly. 

Fourth  The  Fourth  Ward  shall  consist  of  all  that  part  of  the  said 

^^  ■  city  lying  and  being  east  of  Market  street  and  between  Third 

street  and  Sixth  street. 

Fifth  Ward. 

For  exten-  The  Fifth  Ward  shall  consist  of  all  that  part  of  the  said 

sion  of  Ward  ' 

limits  see      gj^y  lyino-  and  being  west  of  Market  street  and  between  Sixth 

Sec.    1    of  .      .        e  o 

this  charter  street  and  Ninth  street. 

as  amended, 
pp.  21  and  2S. 


CITY   CHARTER.  73 

The  Sixth  Ward  shall  consist  of  all  that  part  of  the  said  si^th  ward, 
city  lying  and  being  east  of  jMarket  street  and  west  of  Poplar 
street,  between  Sixth  street  and  Brandywine  river. 

The  Seventh  Ward  shall  consist  of  all  that  part  of  the  ^^^'^^^^ 
said  city  lying  and  being  west  of  Market  street  and  between  p^^.  gxten- 
Ninth  street  and  the  northerly  boundary  line  of  the  said  city  ^-^If^^ZV'^ 
as  established  by  an  Act  of  the  General  Assembly,  passed  at  ^^^/g-  (^^a^rter 
Dover,  March  7th,  A.  D.  1861.  ^^^,  ^h^j^lta 

2S. 

The  Eighth  Ward  shall  consist  of  all  that  part  of  the  said  Eighth 
city  lying  and  being  east  of  Poplar  street  and  between  Sixth 
street  and  the  Brandywine  river. 

.      Ninth  Ward. 

The  Ninth  Ward  shall  consist  of  all  that  part  of  the  said  For  exten- 
.city  lying  and  being  north  of  the  northerly  bovindary  line  es-  Hm'its°  see 
tablished  as  aforesaid.  this  charter 

as  amended, 
pp.  23  and  25. 

[The  Tenth  Ward  shall  comprise  all  that  territory  lying  Tenth  ward, 
and  being  between  Adams  and  Franklin  streets  and  between  ^^"^  i'^g7.  ^ig 
Sixth  and  Linden  streets.]  '     " 

The  Eleventh  Ward  shall  consist  of  all  that  part  of  the  ^}|^|"**' 
said  city  lying  and  being  within  the  following  boundary  lines,  [See  Act  of 
to  wit :    Beginning  at  the  intersection  of  the  middle  of  Linden  isst.    "is  d. 

T      '?fi^  n 

street  with  the  westerly  city  line ;  thence,  along  the  middle  of 
Linden  street  easterly  to  its  intersection  with  the  middle  of 
Maryland  avenue ;  thence  along  the  middle  of  Maryland  ave- 
nue, northeasterly  to  its  intersection  with  the  middle  of  West 
Liberty  street ;  thence,  southeasterly  along  the  middle  of  West 
Liberty  street  extended  to  its  intersection  with  Washington 
street,  extended  southerly ;  thence  southerly  along  the  middle 
of  Washington  street  extended  to  its  intersection  with  the 
present  southerly  city  line ;  thence,  by  the  said  southerly  city 
line  northwesterly  to  its  intersection  with  the  center  of  the 
main  roadway  or  tracks  of  the  Philadelphia,  Wilmington  and 
Baltimore  Railroad  Company,  and  thence  by  the  extended 
boundaries  as  described  in  Section  1  of  this  act  to  the  corner- 
stone marking  the  city  line  at  the  intersection  of  Beech  and 


74  CITY    CHARTER. 

Union  streets,  and  thence  northerly  by  the  present  city  line  to 
Linden  street,  the  place  of  beginning. 

Twelfth  [  The  Twelfth  Ward  shall  comprise  all  that  territory  lying 

Ward.  ^  J     J       to 

For  exten-     and  between  Franklin  street  and  the  easterly  side  of  Greenhill 
limits  see      avenue,  and  between  Sixth  street  extended,  and  Linden  street 

S6C      1    of 

this  charter  extended  westerly  to  the  easterly  side  of  Greenhill  avenue.] 

as    amended, 
p.  28. 

21?  1887.  ^18  Wherever  a  street  is  named  as  a  boundarv  in  this  section. 


D.   L..   364. 


the  center  or  middle  thereof  shall  be  understood. 


THE   FISCAL   CONCERNS   OF  THE  CITY. 

Publication  ^^^-  ^'^-    '^^^^'  Council.  ill  the  month  of  July  in  each  year, 

stat"irient^    shall   publish,   for   three   days,    in    [two]    daily   newspapers 
5^^\g9i -^Pjg  printed  in  the  City  of  Wilmington,  a  summarj^  of  the  fiscal 
D.  L.,  42o.     concerns  of  said  city  for  the  previous  year,  setting  forth  the 
whole  amount  of  the  existing  debt  of  the  city,  by  certificate, 
bond,  note,  or  otherwise,  the  rate  and  amount  of  interest  paid 
and  when  payable,  the  purpose  for  which  each  loan  was  cre- 
ated, the  date  of  the  ordinance  under  which  each  loan  was  is- 
sued, the  amount  issued  and  the  amount  outstanding  at  the 
Receipts        time  of  publication ;  also  the  whole  receipts  of  the  treasury  for 
the  same  year,  the  sources  from  which  derived,  and  the  amount 
received  from  each  source,  and  the  total  payments  made  dur- 

Payments. 

ing  the  year  on  account  of  the  several  appropriations. 

Fiscal  year.  Sec.  65.    The  fiscal  year  of  the  City  of  Wilmington  shall 

egmnmg.     ];|,ereafter  begin  on  the  first  day  of  July.    The  Council  shall,  on 

or  before  the  first  stated  meeting  in  ]\Iay  in  each  year,  cause 
Annual  esti-  to  be  prepared  and  laid  before  them  estimates  of  the  probable 
revenue  and  revenue  and  expenses  («)  of  the  city  for  the  ensuing  year,  and  an 

ordinance  shall  be  passed  at  the  last  stated  meeting  in  May  of 

[Note. — Sections  50  to  63  were  repealed  by  Chap.  194.  Vol.  18,  Laws  of 
Delaware,  which  was  amended  by  Chapter  668  of  that  volume,  and  pub- 
lished as  amended  as  Chapter  669.  This  latter  Act  was  repealed  by  the 
Act  entitled  "An  Act  in  relation  to  Municipal  elections  in  the  City  of  Wil- 
mington," passed  April  6,  1893,  and  amendments  thereto.  P.  397  of  this 
volume.] 


CITY   CHARTER.  _  7o 

each  vear  makins"  appropriations  for  the  expenses  of  the  ensn-  Annual  ap- 

~      ^  '^       ^  ^  piopnation 

ing  fiscal  year,  based,  as  nearly  as  may  be,  upon  the  said  esti-  ordinances. 
mates,  and  the  appropriations  shall  be  specified  and  arranged 
under  the  heads  or  items  designated  in  the  said  estimates. 

(a)  This  question  of  ' ' revenue  and  expenses ' '  involves  the  great 
power  of  taxation.  The  Council 's  power  in  this  respect  has  been  expressed 
as  follows: 

Comegys,  C.  J.:  "And  in  order  to  enable  it  '  (the  city)  '  to  execute 
the  trusts  of  its  creation  in  a  complete  manner,  for 
the  welfare  of  all,  there  has  been  conferred  upon  it  the  sovereign  power 
of  taxation,  by  which,  for  legitimate  public  purposes,  exactions  to  any 
proijer  extent  may  be  made  upon  its  citizens  and  their  property  to  supply 
the  treasury  with  all  necessary  money  for  its  exigencies. ' ' 

Anderson  &  Sou  vs.  Mayor  and  Council  of  Wil.,  S  Houst.  516  at  526. 
(yr.   1889) 

(The  Sinking  Fund  Act,  and  the  provision  that  the  debt  of  the  city 
shall  not  exceed  10  per  cent,  of  the  assessed  valuation  of  real  estate  of 
the  city,  are  limitations  upon  this  otherwise  open  power.) 

[The  expenditures  for  the  vear  under  anv  head  or  item  of  Act  of  April 
appropriation,  shall  not  exceed  such  head  or  item  of  appropri-  d.  k,  ssc. 
ation,  and  upon  any  such  item  or  head  of  appropriation  be-  ditSres  un- 
coming  exhausted,  then  all  expenditures  under  such  head  oro^^'ifem  .shall 
item  shall  cease,  and  it  shall  not  be  lawful  to  pass  any  ordi-  appropiia- 
nance  or  resolution,  to  transfer  to  said  exhausted  item  or  head  ilemf°'  ^"'^'^ 
of  appropriation,  from  any  other  item  or  head  of  appropria- 
tion, except  such  transfer  be  first  approved  by  the  Finance 
Committee  and  ordered  by  two-thirds  vote  of  the  Council,  nor 
shall  it  be  lawful  at  any  time  to  charge  bills  belonging  to  one 
item  or  head  of  appropriation  to  any  other  item  or  head  of  ap- 
propriation.    Provided,  hoivei'cr,  that  should  some  extraordi- provLso. 
nary  occasion  occur,  not  anticipated  at  the  passage  of  the  gen-  Extraordi- 
eral   approi3riation  ordinance,   and   further   provision  be   re- prStion.^^'" 
quired  in  addition  to  the  appropriations  to  be  made  at  the  last 
stated  meeting  in  ^lay,  as  aforesaid,  an  ordinance  may  be  in- 
troduced making  such  further  provisions  and  setting  forth  the 
extraordinary  occasion  for  the  same.     Such  ordinances  shall, 
after  having  had  two  readings,  be  referred  to  the  Finance  Com- 
mittee, who  shall  report  on  the  same  at  the  next  stated  meet- 
ing.   Should  such  ordinance  receive,  endorsed  upon  it.  the  ap- " 
proval  of  the  Finance  Committee,  or  a  majority  of  said  com- 
mittee, then  such  ordinance  shall  be  immediately  put  upon  its 
final  passage,  and  such  ordinance  shall  not  pass  unless  the 


76 


CITY   CHARTER. 


Two-thirds 
vote   re- 
quired. 


No  pay- 
ments  ex- 
cept   by    ap- 
propriations. 


Exception. 


Extraordi- 
nary    appro- 
priation. 
How   paid. 


Temporary 
loan. 


same  shall  receive  a  two-thirds  vote  of  all  the  members  of  "The 
Council, ' '  which  vote  shall  be  taken  by  yeas  and  nays  and  shall 
be  entered  upon  the  journal.]  («) 

(a)  This  provision  reads  "such  ordinance  shall  not  pass,  &e.  *  * 
"which  vote  shall     *     *     be  entered  upon  the  journal." 

This  provision  would  seem  to  be  mandatory,  and  even  though  it  re- 
ceived a  two-thirds  vote  of  ' '  The  Council, "  as  a  matter  of  fact,  yet  if 
this  fact  be  not  shown  '  'upon  the  journal, ' '  it  may  be  a  nullity. 

See  Sec.  6.5,  par.  2,  "  d, "  of  the  Charter. 

Sec.  66.  No  money  shall  be  paid  from  the  treasury  unless 
the  same  shall  have  been  appropriated  as  aforesaid,  («)  and  un- 
less the  order  or  draft  for  the  payment  of  the  same  shall  show 
upon  its  face  the  head  or  item  of  appropriation  ag'ainst  which 
it  shall  be  drawn  ;  except  in  the  case  of  money-proceeds  arising 
out  of  a  bonded  debt  authorized  by  the  General  Assembly  for  a 
specific  use  or  purpose,  in  which  case  the  order  or  draft  for  the 
payment  of  the  same  shall  show  on  its  face  the  fund  against 
which  it  is  drawn,  and  the  specific  use  and  purpose  for  which 
the  same  was  created,  and  in  the  latter  case  the  mone.y  shall  be 
drawn  upon  the  resolution  of  Council,  countersigned  as  in 
other  cases. 

(a)  This  evidently  means  two  things,  1st,  no  money  shall  be  drawn 
from  the  treasury  unless  there  has  been  an  appropriation  for  it;  and  2nd, 
this  money  shall  be  for  municipal  purposes.  Art.  VIII,  Section  8  of  the 
Constitution  reads  as  follows : 

< '  No  *  *  city  *  *  shall  lend  its  credit,  or  apiwopriate  money 
to     *     *     any  private  corporation  or  any  person  or  company  whatever. ' ' 

(See  Sec.  31,  paragrai>h  four,  "a,"  of  the  Charter.) 

Sec.  67.  Whenever  any  extraordinary  appropriation 
shall  be  made  by  the  Council,  the  amount  so  appropriated  shall 
be  paid  out  of  the  taxes,  rents,  or  receipts  of  the  fiscal  year 
then  current,  if  the  same  shall  be  sufficient ;  and  in  case  the 
amount  of  any  extraordinary  appropriation  shall  be  in  excess 
of  the  taxes,  rents,  or  receipts  of  the  city  for  the  fiscal  year  in 
which  such  extraordinary  appropriation  shall  be  made,  such 
excess  shall  be  provided  for  and  included  in  the  appropriations 
made  and  taxes  levied  for  the  succeeding  fiscal  year.  To  meet 
any  extraordinary  appropriation  under  this  section,  the  Coun- 
cil may  temporarily  borrow  from  the  banks,  or  other  sources, 
such  sums  as  may  be  needed  for  such  purpose  without  incurring 
the  penalties  provided  for  under  Section  71  subsequent. 


CITY   CHARTER.  77 

Sec.   68.^         *         *  ******  *  Repealed  by- 

Act   of   April 
7.    1909.      25 
*  *  *  *  *  *  *  *  *  *  *  *D.    L.    315. 

Sec.  69.     The  Clerk  of  the  Council  shall  publish,  in  two  Publication 
newspapers  of  said  city,  a  copy  of  the  ordinances  making  ap-  priation  or- 

„  ,  '  -11  •  i?  dinances. 

propriations  for  the  year,  together  with  the  estimates  tor  tne 
year,  immediately  after  such  ordinances  are  pa&sed,  and  in 
like  manner  a  copy  of  any  ordinance  making  additional  ap- 
propriations ;  and  for  default  in  the  performance  of  this  duty 
he  shall  forfeit  and  pay  a  fine  of  fifty  dollars. 

Sec.  70.    Upon  all  questions  before  the  Council  touching  Ayes  and 

^  '■  noes  on  bor- 

the  borrowing  of  money,  the  vote  shall  be  by  ayes  and  noes,  rowing 

°  ■  .  ^       •/  money. 

and  shall  be  entered  upon  the  journal ;  but  The  Mayor  and 
Council  of  Wilmington  shall  not  haye  power  or  authority  to 
borrow  money  for  any  purpose  whatever  except  in  such  cases 
as  are  or  may  be  expressly  authorized  by  law. 

Sec.  71.  ( « )  The  funded  debt  of  said  city  shall  not  exceed  the  Extent  of 

^    ^  -  limitation    in 

sum  now  authorized  by  law  (^)  except  [In  the  manner  follow- borrowing, 
ing:    The  Council,  by  ordinance,  may  borrow^  money  and  issue  :^<=t^of^^i'^h 
negotiable  bonds  to  secure  the  same,  in  the  name  of  The  Mayor  -^  d.  l.  350. 
and  Council  of  Wilmington,  to  an  amount,  inclusive  of  the  pres- 
ent bonded  debt,  not  exceeding  in  the  aggregate  ten  per  centum 
of  the  assessed  valueoftherealestateof  said  city,  such  value  to 
be  based  on  the  City  Assessment  last  preceding  the  borrowing 
of  said  money ;  provided  said  ordinance  be  passed  by  a  vote  of 
a  majority  of  all  the  members  elected  to  the  Council,  and.be  Two-thirds 
approved  by  the  Mayor.    Should  such  ordinance  be  vetoed  by  J°ry  "o  *^pass 
the  Mayor,  then  and  in  such  case  said  ordinance  may  be  passed  over^MaTor's 
over  said  veto   by    a   vote    of   two-thirds  of  all  the  members  ^'^^°- 
elected  to  the  Council ;  provided  that  when  the  sum  to  be  bor-  proviso. 
rowed  shall  exceed  Fifty  thousand  dollars  in  any  one  fiscal  dances  to'^be 
year,  said  ordinance  shall  not  be  operative  until  approved  by  ^.'g^g^of  %eo- 
a  majority  vote  of  the  votes  cast  by  the  qualified  electors  at  the  p'^" 


1.  For  appropriations  to  Fire  Companies  in  force  prior  to  April  7. 
1909,  see  Appendix.  For  authority  to  make  contracts  with  Fire  Companies 
see   page   553    of   this    volume. 


78  CITY   CHARTER. 

city  election  subsequent  to  the  passage  of  said  ordinance,  or  at 
a  special  election  to  be  held  expressly  for  said  purpose  in  such 
manner  as  the  Council  shall  by  ordinance  direct.     The  quali- 
fications of  the  voters  at  such  special  election  shall  be  the  same 
as  required  of  voters  at  the  preceding  general  citj^  election ; 
and  the  qualification  to  vote  on  such  ordinance  at  any  general 
city  election  shall  be  the  same  as  other  qualified  voters  at  such 
election.     The  said  Council,  however,  is  hereby  given  express 
authority,  to  borrow,  in  any  one  fiscal  year,  for  such  munici- 
bon-ow'  ^^^  P^l  purpose  or  purposes  as  it  shall  deem  proper,  a  sum  not  ex- 
iny*^one"'ear.  ceeding  Fifty  thousand  dollars,  by  ordinance  passed  by  a  vote 
Vote    neces-  of  two-thirds  of  all  the  members  elected  to  the  Council.    Should 
ordinances.^^^  such  last  mentioned  ordinance  be  vetoed  by  the  Mayor,  then 
it  maj''  be  passed  over  his  veto  by  a  vote  of  three-fourths  of  all 
the  members  elected  to  the  Council,  and  it  shall  not  be  neces- 
sary to  hold  any  such  special  or  general  election  therefor.   The 
bonds*°  ^^^"*^  ^^^"^  ^*-*  borrowed  shall  be  secured  by  the  issue  of  negotiable 
bonds  in  the  name  of  The  ^layor  and  Council  of  Wilmington. 
power^^uf '^    Such  power  to  borrow  any  sum  or  sums  not  exceeding  in  the 
to  aff^t"°      aggregate  Fifty  thousand  dollars  in  anj'  one  fiscal  year  shall 
thorization.    not  atfect,  or  be  affected  by  the  provisions  of  any  section  of 
the  Charter  other  than  the  said  Section  71,  and  such  power  in 
particular,  shall  be  no  limitation  upon  any  existing  provisions 
in  the  charter  or  laws  of  the  municipality,  or  special  acts  of  the 
General  Assembly  of  the  State  of  Delaware,  inclusive  of  those 
Nor  affect     passcd  at  the  present  session  of  the  General  Assembly,  relative 
present  is-    to  the  borrowing  of  money  by  The  Council,  and  The  ^Maj^or 


sue. 


and  Council  of  Wilmington.  The  provisions  of  this  section 
shall  not  apply  when  it  may  he  necessary  to  borrow  money  to 
refund  or  redeem  city  bonds  which  may,  from  time  to  time 
mature,  but  in  such  cases  the  Council  may  borrow  money  to  re- 
fund and  redeem  the  same,  by  ordinance  passed  by  vote  of  a 
majority  of  all  members  elected  to  the  Council,  and  such  ordi- 
Money  so      nanccs  need  not  be  approved  bv  the  Mavor.    All  moneys  bor- 

borrowed,  .    .  '     . 

how  to  be     rowed  under  the  provisions  of  this  section  shall  be  paid  off  in 

used. 

accordance  with  the  plans  or  provisions  of  the  Sinlving  Fund 
Act,  or  in  the  manner  prescribed  by  ordinance  authorizing  the 


CITY   CHARTER.  79 

borrowing-  of  said  money.    But  this  act  shall  in  no  wise  be  con- 
strued to  amend  or  repeal, 

"An  Act  to  authorize  The  IMayor  and  Council  of  Wil- 
mington to  borrow  money  for  the  curbing,  guttering,  grading, 
widening,  paving  and  improving  of  the  streets  and  avenues 
and  the  building  of  sewers  and  conduits  in  the  City  of  Wil- 
mington, Delaware,"  approved  March  -Ith,  1907]  and  the  said 
funded  debt  being  so  limited,  (<^)  The  Mayor  and  Council  of 
Wilmington,  or  the  Council  of  Wilmington,  shall  have  no  power 
or  authorit}',  to  borrow  money,  or  contract  or  create  any  debt 
or  liability,  or  to  make  any  ordinance  for  borrowing  money  or 
contracting  or  creating  debt  or  liability,  (except  ordinary  debts 
and  liabilities  in  the  common  course  of  carrying  on  the  work 
and  business  of  the  said  city,  to  be  paid  out  of  the  taxes,  rents. 
or  receipts  of  the  year  for  the  time  then  current,)  and  if  the 
said  debts  and  liabilities  shall  not  be  so  paid,  the  same  shall 
bind  the  members  of  Council  for  the  time  then  being,  per- 
sonally, other  than  those  shown  by  the  journal  of  the  Council  rpolsfbiiitr 
to  have  been  absent  or  to  have  voted  in  the  negative  when  the  °l  cm^cu.'^ 
ordinance,  order,  or  proceeding  under  which  the  debt  or  liabil- 
ity arose  was  passed,  or  had,  making  them  jointh''  and  sever- 
ally Responsible  ;  and  any  member  of  Council  who  shall  vote  to 
borrow  any  money,  or  contract  any  debt  or  liability  contrary 
to  the  provisions  of  this  section,  shall  be  deemed  guiltj^  of  dere- 
liction in  duty  and  shall  thenceforth  be  deemed  and  be  incap- 
able of  holding  any  office  of  honor,  profit  or  trust  under  this  ^ 
act  or  created  by  or  existing  under  any  law  of  the  State  of 
Delaware. 

(a)  A  decision  of  the  Court  would  be  useful  iu  ascertaining  the  clear 
meaning  of  this  important  Section. 

(b)  The  object  of  this  provision  was,  and  is,  to  make  '  *  The  Council ' ' 
meet  the  expenses  of  a  fiscal  year  out  of  the  revenues  of  that  same  fiscal 
year,  and  not  add  to  the  funded  debt  of  the  city.  In  the  year  1873  The 
Council  was  about  to  purchase  park  lands  and  pay  for  them  partly  in 
cash,  and  the  balance  by  obligations  covering  a  period  of  8  years.  A  re- 
straining order  was  obtained  and  the  matter  was  dropped.  * '  The  legal- 
ground''  upon  which  objection  was  made  was:  "The  creation  of  the 
debts  and  liabilities  for  the  purchase  of  such  lands  was  in  violation  of  the 
express  provisions  of  the  Cliarter  of  the  city,  and  the  supplements  and 


80  CITY   CHARTER. 

amendments  to  the  same  limiting  the  amount  of  the  deht  of  said  city 
which  might  be  lawfully  created,  contracted  or  incurrred  by  it." 
Attorney  General  vs.  Wil.,  4  Del.  Ch.  57.5  at  579.  (yr.  1873) 
(This  reference  clearly  refers  to  the  above  Section.) 

(c)  This  Section  was  held  applicable  to  the  Water  Department  in- 
the  case  below  cited,  and  the  Court  said : 

Gruhh.  J.:  "Section  12"  (of  the  Water  Department  Act)  "was 
enacted  in  contemplation  of,  and  in  accord  with,  the  fol- 
lowing provision  of  Section  71  of  the  Wilmington  City  Charter  of  1883: 

' '  The  funded  debt  of  said  city  shall  not  exceed  the  sum  now  au- 
thorized by  law,"  (S:c.  (quoting  about  one-half  of  said  Section).  "Hence, 
the  purpose  of  Section  12  was  to  relieve  the  Board,  as  the  agent  of  the 
city,  of  this  limitation  of  said  Charter  provision,"  &c. 

Weldin  vs.  Wilmington,  3  Penn.  472  at  483.   (yr.  1902) 

minution  of  Sec.  72.     When  any  part  of  the  said  funded  debt  is  re- 

whoie  is  dis-  deemed,  there  shall  not.  on  that  account,  be  any  addition  to 
said  debt  on  any  pretense  whatsoever  unless  authorized  by  the 
General  Assembly.  Init  the  said  debt  shall  decrease,  by  regular 
Proviso.  diminution  under  such  redemption,  until  the  whole  shall  be 

Calamity  to  discharged.     Provided,  that  if.  throu^'h  calamity  or  casualty, 

City   Hall    or  i        /    \  "  '    i  fin 

Water  the  City  Hall,  or  the  W  ater  W  orks.  («)  or  any  part  thereof,  shall 

be  destroyed,  or  injured  beyond  the  available  means  or  ability 
of  the  city  treasury  at  the  time  to  repair  or  replace.  The  Mayor 
and  Council  of  Wilmington,  under  authority  of  an  ordinance 
of  the  Council  to  be  passed  with  the  concurrence  of  three- 
fourths  of  all  the  members,  shall  have  power  to  borrow,  on 

Authority  to  temporary  loan,  a  sum  to  be  specified  in  such  ordinance  for  re- 
borrow to  .  .         ' 
replace           pairing  or  replacing  the  property  or  work  iniured,  or  making 

property.  ic-±_±i.  J7>_ 

a  suitable  substitute  therefor,  which  sum  shall  be  applied  to 
that  purpose  and  no  other,  and  shall  be  payable  in  such  time, 
times,  or  manner,  as  the  ordinance  shall  prescribe. 

(a)  See  note  "c"'  paragraph  2  of  Section  71,  in  which  it  is  shown 
that  the  sinking  fund  provision  applies  to  the  Water  Department. 

ASSESSMENT  AND  COLLECTION  OF  TAXES. 

^      ,    .  .  Sec.  73.    The  President  of  ''The  Council,"  the  Chairman 

Board  of  As- 
sessment,      of  the  Finance  Committee  of  the  said  Council  together  with 


CITY   CHARTER.  81 

[the  Building  Inspector  of  the  City  of  Wilniington  shall  con-^-<^tjO^^^P'''' 
stitute  the  board  of  assessment,  revision  and  appeals.]   («)         ^^  t>.  i^.  348. 

(a)    This  Board  exercises  three  separate  and  distinct  functions: 

It  is  a  Board  of  Assessment  till  the  assessment  is  completed — Jan. 
2nd ; 

It  is  a  Board  of  Eevision  from  Jan.  2nd  till  Feb.  20th ; 

It  is  a  Boai-d  of  Appeals  all  during  the  month  of  April; 

And  lastly,  it  may  assess  property  that  has  not  been  assessed  up  un- 
til the  day  of  the  city  election.     Sees.  81  and  82. 

It  has  charge  of  the  school  assessment.     Sec.  83. 

[See    Act    of 
***********  April  17, 

18S5. 
17  D.  L.  901.] 

Sec.  76.     The  said  board  of  assessment,  revision  and  ap- 

Power.s  of 

peals,  or  a  majority  of  them,  shall  determine  and  do  any  of  the  Board. 
the  acts  hereinafter  mentioned.^  They  shall  exercise  a  general 
and  supervisory  power  over  the  Assessors  and  Collectors  for 
the  city,  and  shall  cause  them  to  make  a  faithful,  full,  fair  and 
complete  assessment  of  all  the  property  in  their  respective  dis- 
tricts liable  to  taxation,  as  hereinafter  provided.  The  said 
Board  may  adopt  such  rules  («)  and  regulations  as  they  may 
deem  expedient  to  produce  fairness,  equality  and  completeness 
of  assessments,  and  shall  have  full  jiower,  at  any  time,  to  ex- 
amine the  assessments  while  the  Assessors  and  Collectors  are 
making  them,  and  cause  them  to  be  conformed  to  such  rules 
and  regulations  as  the  said  Board  may  have  adopted  in  the 
premises. 

(a)  A  "rule"  has  a  well  defined  meaning,  as  has  also  an  "order;" 
one  is  general,  the  other  specific.     An  ' '  order  ' '  is  not  a  ' '  rule. ' ' 

Wolcott,  Ch.:  "A  rule  to  be  valid  must  be  general  in  its  scope, 
and  indiscriminating  in  its  application." 

Morris  et  al  vs.  Pilot  Coms.,  7  Del.  Ch.  136  at  137.  (yr.  1894).  Syl- 
labus. 

Sec.  77.     [There  shall  be  elected^  at  the  city  election  in  Assessors 
the  year  1907,  and  in  every  [second]  («)  year  thereafter,  two  As-  fo"l  ^e°ec-" 
sessors  and  Collectors  for  the  City  of  Wilmington  for  the  term  ^ct  of  March 
of  two. years  each,  one  of  whom  shall  reside  in  and  be  voted  ^|' j^^^^-  g^^ 
for]  and  elected  in  and  for  that  portion  of  the  city  north  of  Act  of  March 
Sixth  street,  the  other  one  in  and  for  that  portion  of  the  city  ^^   ^^g^^ 
which  lies  south  of  Sixth  street.    Whenever  a  street  is  named  ^4  d.  l.  356. 


1.     For  additional  duties  see  21  D.  L.  244  at  page  487  this  volume. 


82 


CITY   CHxVRTER. 


Bonds. 


In    case    of 
tie,   City 
Council    to 
elect. 


as  a  boundary  in  this  section,  the  center  thereof  shall  be  under- 
stood. The  Assessors  shall  be  also  the  Collectors  (^)  of  the  city 
for  their  respective  districts,  and  as  such  shall  give  bonds  as 
provided  in  Section  97  of  this  act.  A  f  aihire  to  elect  by  reason 
of  two  or  more  persons  voted  for,  for  the  office  of  Assessor  and 
Collector  having  a  legal  and  at  the  same  the  highest  number  of 
votes  for  such  office  shall  be  deemed  a  failure  to  hold  an  elec- 
tion, as  to  such  officer,  and  thereupon  the  City  Council  at  its 
next  meeting  shall  elect  such  officer. 


(a)    See  Sec.  6  "a"  of  the  Charter. 

(&)  The  wording  of  Sec.  3  of  the  Charter  is  "Two  assessors  who 
shall  also  be  collectors.  "     "  Assessor  and  collector ' '  is  the  same  thing. 

In  a  case,  with  a  name  of  similar  character,  the  Court  said: 

Lore,  C.  J.:  "  The  words  '  Eeceiver  of  Taxes  and  County  Treas- 
urer' do  not  describe  two  distinct  officers,  but  con- 
stitute the  proper  legal  title  of  the  person  occupying  one  office,  who  is 
properly  descriljed  *  *  as  the  '  Eeceiver  of  Taxes  and  County  Treas- 
urer,'  constituting  one  office,  one  officer,  with  varied  duties  under  the 
statute. '  ' ' 

State  vs.  Lynn,  3  Penn.  316  at  335.  (yr.  1901) 

(The  above  title,  then,  would  seem  to  mean  ''one  office,  one  officer, 
with  varied  duties  under  the  statute.") 


Assessors'  [Each  of  the  said  Assessors  and  Collectors  so  elected  may 

Clerks. 

Act  of  April  appoint  to  assist  him  in  the  discharge  of  the  duties  of  his  office, 

12     1887  . 

18' D.  L.'  349.  a  clerk.  (")     Said  clerk  shall  always  be  under  the  direction  and 
control  of  the  Assessor   and    Collector,   by  whom  he  was  ap- 
pointed.    Each  of  said  clerks  shall  receive  a  salary  of   [one 
Act  of  Feb.  thousand  dollars^]  a  year,  to  be  paid  upon  warrants,  author- 
24'  d^*l'.  3G8.  ized  by  said  Council,    drawn    upon    the   treasury  of  the  said 


Freehold 
qualification. 


city 


(a)  These  clerks  are  paid  a  salary  by  the  city,  and  are  public  officers, 
but  this  is  not  necessary  to  make  them  such.  A  State  Treasurer  appoint- 
ed one  to  help  him  collect  the  State  taxes.  The  appointee  defaulted.  The 
Court  held  he  was  not  a  mere  agent  of  the  State  Treasurer,  but  an  officer 
of  the  law,  and  that  the  Statute  of  Limitations  relative  to  collectors ' 
bonds  applied. 

" Blaclc  and  Layton,  Justices,  were  of  opinion  that  the  collector's 

bond  was  barred  in  three  years  after 
the  cause  of  action  accrued;  that  is,  as  to  the  taxes,  the  time  fixed  by  the 
warrant  for  the  payment  of  them  over  to  the  State  Treasurer. ' ' 

State  Treasurer  vs.  Whitaker  et  al,  2  Har.  136  at  137.  (yr.  1836) 

Sec.  78.    No  person  shall  be  elected  an  Assessor  and  Col- 


1.     See  Ordinance  of  August  5.  1909.  for  appointment  of  two  Clerks  and 
fixing  their  respective  salaries.     Page  599  this  volume. 


CITY   CH.VRTER.  83 

lector  as  aforesaid,  who  shall  not  have  been,  for  at  least  six 
months  before  his  election,  the  owner  of  a  freehold  estate  with- 
in the  said  city,  the  value  of  which  according  to  the  city  assess- 
ment made  next  before  his  election,  shall  be  at  least  five  hun- 
dred dollars  clear  of  all  incumbrances. 

Sec.  79.     The  city  assessment  for  tax;  shall  be  completed  completion 
by  the  Assessors  by  the  second  day  of  January  of  each  year,  ments. 
and  the  taxes  collected  by  the  thirty-first  day  of  December  in 
the  succeeding  year,  to  which  time  the  authority  of  an  Assessor 

T   ^     ,  ^      pr-  Collection 

and  Collector  whose  term  of  onice  has  otherwise  expired  may  of  unpaid 

ta.x6s 

extend,  for  the  purpose  of  collecting  outstanding  amounts;  («) 
and  for  any  amounts  remaining  upon  his  duplicate  uncollected 
at  that  time,  and  not  sufficientlv  accounted  for  and  allowed  for  Allowance 

for    errors. 

errors,  delinquencies  or  otherwise  by  the  Finance  Committee 
of  the  Council,  the  said  Assessor  and  Collector  and  his  sureties 
may  be  held  a.ccountable  upon  their  bond.  (^) 

(a)  This  provision  gives  the  tax  collector  a  year  and  a  half  in  which 
to  collect  the  taxes  on  his  "list"  or  duplicate.  A  law  that  would  abolish 
the  office  of  assessor  and  collector  of  taxes,  merely,  would  verj'  likely  save 
him  his  rights  under  See.  79.  The  Act  of  April  28,  1891,  "appointed"  a 
"Receiver  of  Taxes  and  County  Treasurer,"  and  abolished  the  office  of 
' '  County  Treasurer  and  Collector  of  Taxes. ' '  The  Court  decided  that 
' '  Said  act  did  not  take  from  an  ex-collector  of  taxes  the  powers  given 
him  by  previous  statutes,  to  collect  for  two  years  after  the  date  of  his 
warrant,  all  uncollected  taxes  due  on  his  duplicate. ' ' 

TJie  Court :  "A  construction  which  would  deprive  the  late  collectors 
of  a  right  of  such  importance  at  the  time  their  official 
bonds  were  given,  must  of  necessity  be  a  construction  *  *  imputing 
incredible  folly  and  injustice  to  the  Legislature  of  the  State." 

Smith  vs." Riding,  9  Houst.  233  at  269.  (yr.  1891) 

(b)  This  provision  "extends"  the  authority  of  the  assessor  and  col-, 
lector  for  the  purpose  mentioned  therein,  and  fixes  liability  thereafter. 
As  to  rights  after  said  time,  the  case  below  cited  may  be  useful. 

Boyce,  J.:  "In  considering  this  application"  (mandamus)  "we 
are  confronted  with  a  provision  in  the  City  Charter, 
as  follows:  *  *  "No  tax  herein  provided  for  shall  be  collected  after 
the  expiration  of  one  year  from  the  date  of  the  warrant  or  ])recept  for  the 
collection  of  the  same."  (470)  This  time  having  expired,  the  Court  con- 
cluded :  ' '  And  it  is  therefore  now  beyond  the  power  of  the  collector  to 
collect  the  same  by  process  of  law. ' ' 

Road  Corns,  vs.  New  Castle,  2  Penn.  466  at  471.  (yr.  1900) 

Sec.  80.    All  real  estate  («)  within  the  said  city  shall  be  as-  Assessable 

property. 

sessed  (^)  except  real  estate  belonging  to  the  United  States,  the  Exception. 
State  of  Delaware,  New  Castle  County,  or  the  City  of  Wil- 
mington, cemeteries  and  bur^dng  grounds,  churches  and  meet- 


84  CITY   CHARTER. 

ing  houses  belonging-  to  any  religious  society  and  used  for  pub- 
lie  worship,  real  estate  owned  and  used  for  charitable  purposes 
by  the  associations  knowu  as  the  "Trustees  of  the  Home  for 
Friendless  and  Destitute  Children  in  the  City  of  Wilming- 
ton,'' "Home  for  Aged  Women/'  "Sisters  of  Charity,"'^  and 
Asses^ent.  buildings  Owned  and  occupied  by  fire  companies.     [The  Mayor 
A  t  of  March  ^^^^  Council  of  "Wilmington  be  and  it  is  hereby  given  express 
■m' d  ^ l'  353  ^.uthority  to  collect  and  receive  annually  from  telegraph,  tele- 
phone, water,  electric  light,  gas,  street  railway  and  heat  and 
power  companies,  operating  within  the  City  of  Wilmington, 
the  taxes  hereinafter  specified. 

(a)  The  "roadbed"  of  a  railroad  is  real  estate. 

Saulsbury,  Cli.:     "The  roadbed  of  the  complainant"   (P.,  W.  &  B. 

E.  E.  Co.)   "is  real  jiroperty, "  &e. 
P.,  W.  &  B.  E.  E.  Co.  vs.  Neary,  5  Del.  Ch.  600  at  605.   (yr.  1886) 
Grubb,  J.:      "That  the  said  roadbed  is  included  within  the  terms 
and  operation  of  said  Section   1  and  is  to  be  deemed 

'  real  property '  within  the  meaning  of  that  term,  as  used  in  said  section, 

must  be  conceded  in  view  of  the  undeniable  weight  of  authority  in  this 

country. ' ' 

Neary  vs.  P.,  W.  &  B.  E,  E.  Co.,  7  Houst.  419  at  442.  (yr.  1887) 
(Sec.  1,  above,  relates  to  the  county.     It  is  similar  to  Sec.  80  of  the 

City  Charter. 

(b)  This  provision  is  prospective  and  will  always  reach  real  estate 
within  the  city. 

Spruance,  J.:  "It  cannot  be  objected  that  *  *  would  have  left 
the  territory  covered  by  said  act,  without  provision 
for  taxation,  as  there  was  then  in  force  a  general  law  providing  for  taxa- 
tion of  real  estate  in  the  Citv  of  Wilmington  (Citv  Charter,  Sec.  80)." 

Monaghan  vs.  Lewis,  5  'Penn.  218  at  224.   (yr.  190.5) 

Railway  (a)     From  all  persons,  firms,  associations  or  corporations 

Company.  /    '  ^  ^ 

owning  or  operating  any  street  railway  within  the  limits  of  the 
City  of  Wilmington  the  sum  of  two  hundred  and  seventy  dol- 
lars per  mile  of  single  track  («)  owned  or  operated  by  each  of 
such  companies;  provided,  however,  that  the  said  tax  shall  not 
be  collected  from  both  the  owner  and  the  operator  of  any  such 
railway  company. 

(a)    The  language  is  "per  mile  of  single  track."     In  the  case  below 
cited  the  Court  construed  the  phrase, — 
' '  length  of  the  Philadelphia,  Wilmington  and  Baltimore  Eailroad  within 


1.  Matter  in  italics  no  longer  exempt  under  this  section  by  reason  of 
Sec.  1,  Article  8  of  the  Constitution.  See  Monaghan  vs.  Lewis,  5  Penne- 
will  21S. 


CITY   CHARTER.  85 

the  State, ' '  to  mean  the  length  of  the  main  or  trunk  line,  without  refer- 
ence to  the  '  *  lateral  or  branch  lines. ' ' 

Herbert  vs.  B.  &  P.  E.  K.,  8  Houst.  120.   (yr.  1888) 

(b)  From  all  persons,  firms,  associations  or  corporations  Gas  Com- 

^    ^  ^  '  .      .  .      .  panies. 

owning  or  operating  any  gas  company  within  the  limits  of  the 

City  of  Wilmington  the  sum  of  sixty  dollars  per  mile  for  each 

mile  of  the  streets  of  said  City  used  by  snch  gas  company  for 

its  gas  mains;  («)  provided,  /<oiferer,  that  the  said  tax  shall  not 

be  collected  from  both  the  owner  and  the  operator  of  any  snch 

gas  compan,y. 

(a)    See  note  to  paragraph  "e"  of  this  Section. 

(c)  From  all  persons,  firms,  associations  or  corporations  Lj^JiV'com- 
owning  or  operating  any  electric  light  company  within  theP^'^^'- 
limits  of  the  City  of  AVilmington  the  sum  of  one  hundred  dol- 
lars per  mile  for  each  mile  of  the  streets  of  said  city  used  by 

such  electric  light  company  for  its  poles  (")  and  wires  over- 
head; provided,  however,  that  the  said  tax  shall  not  be  col- 
lected from  both  the  owner  and  the  operator  of  any  such  elec- 
tric light  company. 

(a)  These  taxes  go  to  "The  Council"  for  the  use  of  the  city,  and 
not  to  the  Street  and  Sewer  Department. 

Lore,  C.  J.:  "  There  was  also  a  second  suit  brought  by  the  same 
plaintiffs  against  Isaac  C.  Pyle,  City  Auditor  for  the 
City  of  Wilmington,  being  No.  221  to  the  May  Term,  1900,  which  was  a 
case  stated,  in  which  the  same  issue  was  raised  concerning  the  taxes  on 
electric  light  |ioles  in  the  said  City  of  Wilmington.  "  *  After  a  very 
full  presentation  and  discussion  by  counsel  of  the  various  statutes  and  or- 
dinances bearing  on  the  questions  involved  in  the  case,  the  Court,  believ- 
ing there  were  good  reasons  why  a  determination  of  the  matter  in  issue 
should  be  had  without  delay,  rendered  its  decision  at  the  close  of  the  ar- 
gument, without  delivering  an  opinion.  Judgment  was  rendered  in  favor 
of  the  defendant  in  each  case. ' ' 

Street  and  Sewer  Dept.  vs.  Connell,  2  Penn.  571  at  572.   (yr.  1900) 

(Connell  was  Clerk  of  the  Market,  and  was  rei^resenting  "The  Coun- 
cil. ' '  This  case  was  taken  to  the  Supreme  Coi;rt  and  that  Court  affirmed 
the  above  decision.) 

(d)  From  all  persons,  firms,  associations  or  corporations  Telephone 
owning  or  operating    any    telephone    or    telegraph  company  and  Teie- 
business  within  the  limits  of  the  City  of  Wilmington,  the  sum  panies. 
of  one  hundred  dollars  per  mile  for  each  mile  of  the  streets  of 

said  city  used  by  such  telephone  or  telegraph  company  for  its 
wires  and  poles  («)  overhead;  provided,  however,  that  the  said 


86 


CITY   CHARTER. 


Underground 
conduits. 


tax  shall  not  be  collected  from  both  the  owner  and  the  operator 
of  any  such  telephone  or  telegraph  company. 

(rt)    (See  above  note,  jjaragraph  "c. ")  * 

(e)  From  all  persons,  firms,  associations  or  corporations 
owning"  or  operating  any  electric  light,  telephone,  or  telegraph 
company  v/ithin  the  limits  of  the  City  of  Wilmington,  the  sum 
of  sixty  dollars  per  mile  for  each  mile  of  the  streets  of  said 
city  used  by  any  such  company  for  underground  conduits ; 
provided,  however,  that  the  said  tax  shall  not  be  collected  from 
both  the  owner  and  the  operator  of  any  such  electric  light,  tele- 
phone or  telegraph  company. 


Heat.  Light 
and  Power 
Companies. 


(f)  From  all  persons,  firms,  associations  or  corporations 
owning  or  operating  any  heat,  light  or  power  company  within 
the  limitsof  the  City  of  Wilmington  the  sum  of  sixty  («)  dollars 
per  mile  for  each  mile  of  the  streets  of  said  city  used  by  any 
such  heat,  light,  or  power  company  either  for  pipes,  conduits 
or  other  underground  construction,  or  poles,  (^)  wires,  or  other 
overhead  construction;  provided,  however,  that  the  said  tax 
shall  not  be  collected  from  both  the  owner  and  the  operator  of 
any  such  heat,  light  or  power  company ;  and  provided,  further, 
that  any  light  company  which  uses  the  same  system  or  material 
for  furnishing  heat,  light  and  power  shall  not  pay  double 
taxes  on  the  same  construction. 


(a)  (Compare  with  paragraph  "c"  above  as  to  "light' 

(b)  (See  note  to  paragraph  "c. ") 


company.) 


Water 
Companies. 


(g)  From  all  persons,  firms,  associations  or  corporations 
owning  or  operating  any  water  company  («)  within  the  limits 
of  the  City  of  Wilmington,  the  sum  of  sixty  dollars  per  mile  for 
each  mile  of  the  streets  of  said  city  used  by  any  such  company 
for  underground  pipes  or  conduits;  provided, however,th.at  the 
said  tax  shall  not  be  collected  from  both  the  owner  and  the 
operator  of  any  such  water  company. 

(«)   Could  this  provision,  by  implication,  give  a  "water"  company 
any  rights  in  Wilmington,  in  view  of  the  Water  Department  Act? 

Said  com- 

^fatementl^^  Evcry  such  pcrsou,  firm,  association  or  corporation  as  is 

with  Clerk     hereinbefore  mentioned  in  this  section,  shall  on  or  before  the 

of  Council. 


CITY   CHARTER.  87 

first  day  of  April  of  each  and  every  year,  file  with  the  Clerk 
of  the  Council  of  the  said  Citj'  of  Wilmington  a  sworn  state- 
ment which  shall  set  out  the  following : 

(1)  In  the  case  of  everv  such  person,  firm,  association  or  what  to  set 
corporation  owning  or  operating  any  street  railway,  setting  statements, 
forth  the  total  mileage  of  single  tracks  of  every  such  company 

within  the  limits  of  the  City  of  Wilmington. 

(2)  In  the  case  of  every  such  person,  firm,  association  or 
corporation  owning  or  operating  any  telegraph,  telephone, 
gas,  water,  electric  light,  or  heat  and  power  business,  system, 
or  plant,  shall  state  the  total  number  of  miles  of  tlie  streets  of 
the  City  of  Wilmington  used  by  every  such  person,  firm,  asso- 
ciation or  corporation,  overhead  and  underground,  in  its  said 
business. 

(3)  In  case  of  an  individual,  firm  or  association  trans- 
acting any  such  business,  said  statement  shall  be  verified  by 
the  oath  or  affirmation  of  any  one  of  the  persons,  owning  or 
operating  the  same ;  and  in  the  case  of  every  corporation  own- 
ing or  operating  any  such  business,  said  statement  shall  be 
verified  by  the  oath  or  affirmation  of  the  Treasurer  of  every 
such  corporation.  Said  taxes  shall  be  due  and  payable  to  The 
Mayor  and  Council  of  Wilmington  annually  at  the  same  time 
that  the  city  and  school  taxes  due  said  city  are  payable,  and 
shall  be  subject  to  the  same  rebates,  deductions,  discounts,  al- 
lowances and  penalties  as  are  now  or  hereafter  may  be  pro- 
vided by  law  in  reference  to  such  city  and  school  taxes.  The 
taxes  provided  for  by  this  amendment  shall  be  in  lieu  of  and 
instead  of  all  other  taxes,  licenses  and  revenue  imposed,  re- 
quired or  derived  from  any  conduits,  pipes,  mains,  ducts,  wires, 
road-beds,  tracks,  ties,  poles,  («)  cables,  lamps,  lights  and  all 
other  equipments,  materials  and  apparatus  belonging  to  any 
such  persons,  firms,  associations  or  corporations,  in,  or  placed 
in,  on  or  over  the  streets  of  the  City  of  Wilmington.]^ 


1.  Sec.  17.  Act  of  March  25,  1907.  24  D.  L.  p.  355.  Continues  and  re- 
establishes all  the  statutes  of  the  State  of  Delaware  relating  to  the  City 
of  Wilmington,  not  inconsistent  with  said  Act. 


88  CITY   CHARTER. 

The  assessment  of  real  estate  shall  be  made  according  to  a 
certain  rate  in  and  upon  every  hundred  dollars  of  the  estimated 
value  of  the  property  assessed,  if  sold  for  cash,  and  so  jjro  rata. 
The  real  estate  shall  be  described  with  sufficient  particularity  to 
be  clearly  identified,  the  principal  improvements  thereon,  if 
any.  to  be  also  specified.    Real  estate,  the  owner  or  owners  of 
which  cannot  be  found  or  ascertained,   may   be   assessed  to 
"owner  unknown."  (^)     Every  male  citizen  above  the  age  of 
Poll-tax.        twenty-one  years  shall  be  rated  for  a  capitation  or  poll-tax  (c) 
Act  of  April  ill  addition  to  the  assessments  of  his  real  estate,  at  a  capital 
iTD.^^L.  899.  iiot  exceeding  [three  thousand]  dollars  nor  less  than  one  hun- 
dred dollars ;  [to  better  enable  said  Assessors  and  Collectors  to 
County  ^°      make  said  assessments  they  shall  have  the  right  to  examine  all 
Records.         records  in  the  county  office,  kept  at  the  Court  House  in  the 
Act  of  April  City  of  Wilmington  in  and  for  New  Castle  County  free  of  all 
is'd^^l.  349.  costs  and  charges.]^ 

(a)  See  above  note  to  paragraph  "c;  "  and  see  See.  100  of  the  Char- 
ter. 

(b)  If  the  owner  be  not  known  the  assessment  may  be  so  made  but 
inquiry  should  be  made  to  ascertain  the  owners  of  property. 

Pennetcill,  J.:  "  "  *  we  will  say  that  it  is  the  duty  of  the  as- 
sessor to  use  care  and  diligence  to  discover  the  actual 
owner  of  the  property  to  be  assessed,  and  if  the  name  of  the  owner  is 
known  to  the  assessor,  or  might  be  ascertained  by  him  from  the  public 
records  or  other  available  sources  of  information,  it  is  his  duty  to  make 
the  assessment  in  the  name  of  the  actual  owner." 

Knowles  vs.  Morris,  6  Penn.  76  at  79.   (yr.  1906) 

An  assessment  for  sewer  lien  had  been  made  ' '  against  the  heirs  of 
John  Montgomery."  The  owners,  (some  of  them,)  were  not  said  heirs. 
The  Chancellor:  ''Even  if  it  be  admitted  *  *  that  the  City 
Council  or  Griffith  acting  under  its  authority,  knew 
of  the  divisions  of  said  land  *  there  is  no  allegation  and  no  proof  * 
that  the  conveyances  *  *  if  any  *  *  were  matters  of  record  which 
were  noticed  to  Griffith  or  the  City  Council. ' ' 

Murphy  vs.  Wilmington,  5  Del.  Ch.  281  at  292-29.3.  (yr.  1879) 
Murphy  vs.  Wilmington,  6  Houst.  108  at  130.   (yr.  1880) 
(The  Chancellor  refused  to  grant  a  restraining  order.) 

(c)  Comegys,  C.  J.:    "The  poll-tax  was  adopted  100  years,  at  least, 

before  1797."  (See  p.  8,  paragraph  "a,"  Bor- 
ough Charter.) 

Frieszleben  vs.  Shallcross  et  al,  9  Houst.  1  at  64-65.   (yr.  1890) 
Art.  VIII,  Sec.  5,  of  the  Constitution  makes  provision  for  a  capita- 
tion tax  "from  every  male  citizen  of  the  State  of  the  age  of  twenty-one 
years  or    upwards     *     *     such    tax  shall    be    uniform    throughout  that 


1.     For  classification  of  real  estate  and  certain  exemptions,  see  21  D. 
L.   244  at  page  487  this  volume. 


CITY    CHARTER.  89 

county     *     *     and  shall  be  used  exclusively  in  the  county  in  which  it  is 
collected. ' ' 

(That  constitutional  provisions,  as  a  general  rule,  do  not  apply  to 
municipal  corporations,  see  Sec.  14  "c"  of  the  Charter.) 

Sec.  81.     The  Assessors  and  Collectors  shall  complete  the  Assessment 
assessment  for  the  said  citj^  in  each  year  by  the  second  day  of  Board  ^of  ^° 
January,  on  or  before  which  day  they  shall  deliver  the  same  to  Assessment. 
the  said  Board  of  Assessment,  Revision  and  Appeals  for  the 
City  of  Wilmington.    The  Board,  upon  receiving  such  assess- 
ment, shall  forthwith  examine  it.  with  power  to  revise,  alter,  or  Alterations. 
add  («)  any  assessment  on  or  before  the  ensuing  twentieth  day  Act  of  April 
of   [February.]      After  receiving  said  assessment  the  Board  is' d.  l.  34s. 
shall  cause  it  to  be  filed  in  the  office  of  the  Clerk  of  the  Council.  Filed  in 
who  thereupon    shall    give    public   notice,  by  advertisements  Notice^  ° 
printed   in  two   newspapers   and  posted   in  the  most   public 
places  within  the  city,  that  such  assessment,  being  completed, 
is  filed  in  his  office  for  public  inspection,  and  also  designating 
the  time  appointed  b}'  this  act  for  the  sitting  of  said  Board  for 
appeals.    Such  notice  shall  be  continued  until  the  time  for  sit- 
ting of  said  Board  for  ai^peals  as  aforesaid. 

(a)  The  phrase  here  is,  "revise,  alter  or  add."  In  the  case  cited 
below  the  Court  held  that  the  phrases,  "correct  and  add  to  assessments 
returned,"  and,  make  "additions  to,  and  corrections  of,  the  assessment 
list,"  did  not  give  power  to  strike  off  names. 

Biggs  vs.  Buckingham,  6  Del.  Ch.  267  at  342.  (yr.  1892) 

Sec.  82.     [The  Board  of  Assessment,  Revision  and  Ap-t'-!'Sfso^^f7 
peals,  for  the  City  of  AVilmington.  as  constituted  in  Section^"  ^'  ^^^' 
73,  preceding,  shall  sit  at  some  public  and  convenient  place  in 
the  City  of  Wilmington,  on  each  secular  day  during  the  month  Act  of  April 
of  [April]  in  each  and  every  year,  from  2  P.  M.  to  -i  P.  M.  and  d.'  l.  us. 
from  7  P.  M.  to  9  P.  M.    The  said  Board  shall  sit  as  provided  ^rd  shin 
in  Section  73,  preceding,  to  hear  appeals  from  assessments  and "''''' 
shall  continue  to  sit  during  the  above  mentioned  time,  or  so 
long  as  may  be  necessary  to  adjudge  appeals.]   Upon  appeals  (« )  Additional 
the  said  Board  shall  have  power  to  alter  (^)  any  assessments  and  ^^''^^^^"^ 
to  make  additional  assessments,  and  to  determine  and  to  do 
whatever  ma,y  appertain  to  justice  and  right.     Appeals  may  Hearing  ap- 
be  filed  in  writing,  in  the  Clerk's  office,  or  made  directly  to  the  Ac^^of  Apni 

^  .  -        •    1*^     1887       18 

said  Board.    No  appeal  shall  be  received  or  heard,  or  adjudi-  d.'  l.  348. 
cation  of  appeal  made,  nor  shall  the  assessment  list  be  altered 


90 


CITY   CHARTER. 


Additions. 
Wlien  made. 


Notice  to 
owners. 


Additional 
poll-taxes. 


Additions 
subject   to 
both  city  and 
school  taxes. 


Custody  of 
books. 


or  added  to  after  the  [thirtieth  day  of  April.]  Provided,  that 
real  estate  not  assessed  by  the  Assessors  and  Collectors  may  be 
assessed  by  the  said  Board  at  any  time  before  the  day  of  the 
city  election,  previous  notice  of  such  intended  assessment,  desig- 
nating the  time  at  which  the  same  will  be  made,  being  given 
by  the  said  Board,  in  writing,  to  the  owner  or  owners,  or  if  he, 
she,  or  they,  be  absent  from  the  city,  then  to  the  person  or  per- 
sons in  possession  of  the  premises.  And  provided  also,  that 
the  said  Board,  at  any  time  before  the  day  of  the  city  election, 
after  the  assessments  shall  be  completed,  upon  the  application 
of  any  person  who  was  residing  within  the  city  before  the  com- 
pletion of  the  assessments  and  was  omitted  therefrom,  shall 
rate  such  person  for  a  capitation  or  poll-tax,  and  shall  there- 
upon cause  his  name  to  be  added  to  the  assessment  lists.  Real 
estate  assessed,  or  persons  rated  as  herein  provided  after  the 
completion  of  the  assessments,  shall  be  so  assessed  or  rated 
upon  both  the  city  and  school  assessment  lists.  Such  real  es- 
tate, or  persons  being  so  assessed  or  rated,  shall  thereupon  be 
liable  to  pay  taxes  for  the  current  year  at  the  rate  per  centum 
which  shall  have  been  determined  by  the  City  Council  ('')  and 
necessary  additions  shall  be  made  to  the  list  provided  for  in 
Section  84  of  this  charter.  The  assessment  books  f/O  or  lists 
shall  be  the  property  of  the  city  and  shall  be  kept  in  the  office 
of  the  Clerk  of  Council. 

(a)  The  Board's  power  to  make  changes  under  this  provision  seems 
to  depend  ' '  upon  appeals ' '  made, — except  it  may  make  assessments, 
where  none  have  been  made,  up  to  the  day  of  the  city  election. 

(6)    See  note  to  Sec.  81  (a)  of  the  Charter. 

(c)  See  note  "a,"  Sec.  84,  of  the  Charter. 

(d)  "All  books  and  papers  filed  in  the  office  of  the  Clerk  of  the 
Council  touching  the  assessment  *  *  of  taxes,  shall  be  open  to  the  in- 
spection of  any  person  interested  in  the  same."  See.  85). 

And  they  are  admissible  in  Court,  as  against  the  city  to  prove  prop- 
erty or  value. 

' '  Books  of  assessment  are  not  evidence  to  prove  property  or  value, 
except  as  between  the  county  and  the  assessed." 

Griffith  and  wife  vs.  Johnson's  Admr.,  1  Har.  136.  (yr.  1833)  Sylla- 
bus. 


School  as- 
sessment. 


Sec.  83.  To  the  end  that  the  sums  necessary  to  be  raised 
for  public  schools  in  Wilmington  may  be  assessed  and  collected 
by  the  same  proceedings  had  for  collecting  the  city  tax  and  as 
constituting  a  part  of  the  city  tax,  the  said  Board  shall,  as  soon 
as  the  city  assessments  shall  have  been  completed  as  aforesaid, 


CITY   CHARTER.  91 

and  before  the  thirtieth  day  of  May  in  each  year,  cause  to  be 
made  an  assessment  to  be  called  the  school  assessment,  which 
shall  be  made  as  follows,  viz :  the  assessment  of  real  estate  ^°'^  made, 
within  the  city  shall  be  taken  from  the  assessment  of  real  es- 
tate on  the  city  assessment ;  and  the  assessment  of  personal  es- 
tate («)  and  persons,  to  wit:  stock,  plate  and  the  rates  for  capi- 
tation or  poll-taxes,  shall  be  transferred  from  the  assessment 
list  of  Wilminp;ton  Hundred  standing  in  the  Levy  Court  of 
New  Castle  County  for  the  time  then  being.  It  shall  be  necessary 
to  transfer  amounts  only,  without  specification  or  particulars. 
No  appeals  shall  be  taken  from  the  assessment  so  made,  and  ^  ^pp^^  • 
there  shall  be  no  variation  of  the  assessments  transferred ;  but 
if  there  be  any  person  in  Wilmington  Hundred  legally  liable 
to  be  assessed  for  personal  property,  or  rated  for  capitation 
or  poll-tax,  not  found  on  the  assessment  list  of  Wilmington 
Hundred,  the  said  Board  may  assess  such  person  for  personal 
property,  and  rate  him  for  such  a  capitation  or  poll-tax  on  the 
school  assessment  as  to  law  and  right  shall  appertain,  giving 
to  such  person  due  notice  and  opportunity  to  be  heard. 

(a)  In  1897  the  "Adams  Tax  Law"  was  passed  (20  D.  L.,  Ch.  381). 
This  act  provided  for  taxation  of  personal  property  for  the  State  and 
County.  In  1898  an  amendment  was  made  to  it  (21  D.  L.  Ch.  24)  which 
provided  that  the  City  of  Wibnington  should  receive  one-half  of  what  was 
collected  in  Wilmington,  "the  remaining  two-fourths  thereof  shall  be  for 
the  use  of  "The  Mayor  and  Council  of  Wilmington."  (Sec.  7.)  Both 
acts  were  alike  as  to  the  title,  and  referred  to  ' '  State  and  County  jjur- 
poses. "  The  act  was  void  because  Art.  2,  Sec.  16,  of  the  Constitution 
provided  that  no  bill  should  embrace  more  than  one  subject  which  should 
be  expressed  in  its  title,  and  the  title  did  not  disclose  ' '  the  subject  of 
municipal  taxation. ' ' 

The  act  provided  for  taxes  upon  ' '  all  investments  paying  interest  or 
yielding  an  income  which  are  not  taxed  for  either  State  or  County  pur- 
poses or  exempt  from  taxation. ' ' 

E.  G.  &  T.  Co.  vs.  Donahoe,  3  Penn.  191  at  193.   (yr.  1901) 

This  note  is  made  to  show  how  costly  the  mistake  was  to  Wilmington. 
It  has  no  bearing  upon  the  above  Section. 

Sec.  84.  The  assessments  being  so  settled  as  aforesaid,  Levying  of 
the  said  Board  shall,  on  or  before  the  first  day  of  June,  lay  ^^^^  taxes. 
the  same  before  the  Council  of  Wilmington,  who  shall,  with- 
out delay,  determine  the  whole  amount  of  money  necessary  to  be 
raised  for  the  use  of  the  city  by  taxation  («)  during  the  year  of 
said  assessment,  and  shall  apportion  (&)  such  amount  among  the 
several  persons  and  estates  assessed  upon  the  city  assessment, 
according  to  a  certain  rate  in  and  upon  every  hundred  dollars 


92 


CITY   CHARTER. 


Levying  of 
school  tax. 


Act  of  Mar. 
24,  1885.  17 
D.    L.    868. 

Duty  of 
Assessors. 


Assessment 
to    be    com- 
pleted by 
June  15. 

Duty  of 
Clerk  of 
Council. 

Warrants. 


of  the  said  assessment,  and  so  pro  rata.  The  Council  shall  also, 
at  the  same  time,  include  the  sum  necessary  to  be  raised  for 
the  use  of  the  public  schools  of  the  said  city  by  taxation  dur- 
ing the  year  last  aforesaid  and  shall  apportion  such  amount 
among  the  several  persons  and  estates  assessed  upon  the  school 
assessment,  according  to  a  certain  rate  in  and  upon  every  hun- 
dred dollars  of  the  said  assessment,  and  so  pro  rata;  and  the 
amount  so  apportioned  shall  be  collected  under  the  provisions 
hereinafter  contained  as  other  city  taxes,  and  shall  constitute 
part  of  the  city  taxes  within  all  the  provisions  of  law  appli- 
cable to  the  same.  [The  Assessors  shall,  under  the  supervision 
of  the  Board  of  Assessment,  Revision  and  Appeals,  thereupon 
make  out  correct  lists  for  each  district  of  the  city,  showing  the 
number  of  persons  and  estates  assessed  upon  both  of  the  afore- 
said assessments,  with  the  whole  amount  of  tax  laid  upon  the 
several  persons  and  estates  under  the  foregoing  provisions, 
and  the  said  lists,  shall,  on  or  before  the  fifteenth  day  of  June, 
be  delivered  to  the  Clerk  of  Council,  who  shall  immediately 
write  thereon  the  warrants  of  said  Council  for  the  collection 
of  said  taxes,  which  said  warrants  shall  be  signed  by  the  Presi- 
dent of  "The  Council,"  and  countersigned  by  the  said  Clerk, 
and  the  said  lists  and  warrants  thereon  be  re-delivered  by  the 
Clerk  to  the  Assessors  on  or  before  the  twentieth  day  of  June ; 
whereupon  it  shall  be  the  duty  of  the  said  Assessors  and  Col- 
lectors to  forthwith  collect  and  receive  the  taxes  thereupon.  (<^) 

(a)  Subject  to  the  limitations  contained  in  See.  71  of  the  Charter, 
' '  The  Council ' '  has  sweeping  powers  as  to  taxation. 

Comegys,  C.  J.:  "  *  *  to  enable  it"  (the  city)  "to  execute  the 
trusts  of  this  creation  ^  *  there  has  been  con- 
ferred upon  it  the  sovereign  power  of  taxation,  by  which,  for  legitimate 
jjublic  i^urposes,  exactions  to  any  proper  extent,  may  be  made  upon  its 
citizens  and  their  property  to  supply  the  treasury  with  all  necessary  money 
for  its  exigencies. ' ' 

Anderson  &  Son  vs.  May.  &  Counc.  Wil.,  8  Houst.  516  at  526.  (yr. 
1889) 

English  vs.  Wilmington,  2  Marv.  63  at  85.   (yr.  1894) 

Frieszleben  vs.  Shallcross  et  al,  9  Houst.  1  at  90.   (yr.  1890) 

(6)    Gnibb,  J.:      "The  second   essential  is,   that   apportionment   of 
taxes  should  reach  all  the  objects  of  taxation  with- 
in its  limits. ' ' 

Frieszleben  vs.  Shallcross  et  al,  9  Houst.  1  at  99.  (yr.  1890) 
(The  above  case  (pp.  99-106)   is  instructive  on  the  subject  of  taxa- 
tion.) 

(c)    This  Section  concludes  the  assessment   (it  begins  with  Sec.  80) 


CITY    CHARTER.  93 

and  places  the  ' '  lists ' '  or  duplicate  in  the  collector 's  hands  for  collection. 
Care  should  be  taken  that  every  requirement  has  been  followed. 

Grubb,  J.:  "It  is,  moreover,  essential  to  valid  taxation  that  the 
taxing  officers  be  able  to  show  legislative  authority  for 
the  burden  the}'  assume  to  impose,  in  every  instance." 

Frieszleben  vs.  Shallcross  et  al,  9  Houst.  1  at  100.  (yr.  1890) 

Wales,  J.:  "If  a  city  ordinance  imposes  certain  conditions  which 
must  be  complied  with  in  order  to  make  a  legal  tax.  the 
failure  to  comply  with  anyone  of  the  conditions  renders  the  tax  void." 

Murphy  et  al  vs.  Wilmington,  6  Houst.  108  at  136.  (yr.  1880) 

Curry  vs.  Jones  et  al,  4  Del.  Ch.  559  at  566.   (yr.  1872) 

[The  said  Assessors  and  Collectors  shall  be  paid  the  sum  Act  of  April 

12      ISST        IS 

of  two  hundred  and  fifty  dollars  ($250)  each  for  making  outD.'  l.  349. 
the  lists  aforesaid,  to  be  paid  upon  warrants  authorized  by  said  compensa- 
Council  to  be  drawn  upon  the  treasury  of  the  said  city.]  sessors. 

Sec.  85.    At  the  request  of  anv  person  pavinu'  a  tax  which  Bin  and  re- 

*  1     .       .  ceipt  for 

has  been  assessed  upon  his  person  or  property,  the  Assessor  and  taxes. 
Collector  shall  make  out  and  deliver  to  him  a  bill ;  («)  showing, 
in  addition  to  the  amount  of  tax,  how  much  of  it  is  laid  upon 
his  person  and  personal  property  as  shown  by  the  school  as- 
sessment list,  and  how  much  of  it  is  laid  upon  his  real  estate, 
and  if  it  is  laid  upon  more  than  one  parcel  of  real  estate,  then 
how  much  of  it  is  laid  upon  each  parcel,  describing  each  par- 
cel according  to  the  description  thereof  appearing  upon  the 
city  assessment  list.    All  books  and  papers  filed  in  the  office  of  Asses'^ment 
the  Clerk  of  the  Council  touching  the  assessment,  receiving  or  ^e°n|p^'^ed 
collection  of  taxes,  shall  be  open  to  the  inspection  of  any  per- 
son interested  in  the  same. 

(o)  This  provision  says,  upon  payment  of  tax,  the  assessor  and  col- 
lector "shall  make  out  and  deliver  to  him  a  bill,"  &c. 

Comegys,  C.  J.:  "In  regard  to  giving  receipts  for  tax,  *  *  the 
collector,  as  a  matter  of  duty,  is  bound  to  give  that ; 
but  it  is  a  receipt  to  the  taxable,  and  he  has  the  power  to  decline  to  give 
into  any  but  his  hands. ' ' 

Hawkins  vs.  Dougherty,  9  Houst.  156  at  176.  (yr.  1890) 

In  regard  to  the  payment  of  a  tax  (not  the  giving  of  a  receipt  for 
it)  :  "A  tax  collector,  having  the  right  to  collect  taxes  from  the  taxable 
himself,  of  whi^-h  right,  no  court  by  mandamus,  can  de])rive  him,  cannot 
be  compelled  to  receive  a  principal 's  taxes  from  the  hands  of  his  agent 
or  attorney  in  fact,  but  if  he  refuses  taxes  thus  tendered  him,  and  after- 
wards fails  to  collect  them,  he  will  be  liable  on  his  official  bond  for  the 
amount  thereof. ' '  id  156. 

(The  above  related  to  poll  taxes.) 

Additional 

Sec.  86.    The  Council  shall  have  power,  by  ordinance,  ^0^11^°^ 
enjoin  upon  the  Clerk  of  Council  and  the  Assessors  and  Collec-  coiiector^"^ 


94 


CITY    CHARTER. 


tors  any  duties  in  addition  to  those  in  this  act  specified  touch- 
ing the  assessment  and  collection  of  taxes  which  it  shall  deem 
necessary  or  proper  for  carrying  into  effect  the  provisions  of 
this  act  touching  and  concerning  the  same,  and  may  enforce, 
by  suitable  penalties,  any  duties  so  enjoined  by  this  act  or  bj^ 
such  ordinance  as  aforesaid. 

Liability  of  Sec.  87.    Upon  the  delivery  to  an  Assessor  and  Collector 

Collector  ^ 

and  sureties,  of  such  lists,  with  the  Warrant  of  the  Council  to  collect  such 
taxes,  he  and  his  sureties,  his  and  their  executors  and  admin- 
istrators, shall  become  and  are  hereby  declared  to  be  respon- 
sible for  the  whole  amount  of  money  which  it  shall  be  his  duty 
to  collect,  («)  subject  only  to  such  just  allowances  as  shall  be 
made  to  him  or  them  upon  settlement  with  the  Finance  Com- 
mittee, as  hereinafter  is  provided. 

(a)  Grubb,  J.:  "It  is,  therefore,  the  undeniable  duty  of  the  col- 
lector to  make  diligent  inquiry,  and  exhaust  legal 
process,  wheresoever  effectual,  in  the  effort  to  collect  the  tax  of  the  citi- 
zen, before  he  shall  return  him     *     *     as  a  delinquent, ' '  &e. 

Frieszleben  vs.  Shallcross  et  al.  9  Houst.  1  at  103.   (yr.  1890) 

(See  Sec.  94  of  the  Charter.) 


When  abate- 
ment  of 
taxes  al- 
lowed. 


Sec.  88.  All  the  city  taxes,  assessed  as  aforesaid,  paid  dur- 
ing the  month  of  July  shall  be  entitled  to  an  abatement  by  the 
Assessore  and  Collectors  of  five  per  centum ;  all  such  taxes  paid 
during  the  month  of  August  shall  be  entitled  to  no  abatement ; 
all  such  taxes  paid  during  the  month  of  September  shall  be  in- 
creased by  the  addition  of  five  per  centum  to  the  amount  there- 
of ;  taxes  not  paid  until  after  the  month  of  September  shall  be 
increased  by  the  addition  of  five  per  centum  to  the  amount 
thereof.    («) 

(a)  This  reference  to  months  means  the  months  of  the  year  in  which 
the  assessment  is  made,  and  it  gives  certain  rights,  regardless  as  to 
whether  taxes  are  due  for  prior  years  or  not.  The  tax  collector  cannot 
make  the  appropriation  against  the  will  of  the  person  paying  the  tax. 

Eiclgely,  Ch.  ad  lit.     ' '  The  general  rule  of  law  as  to  the  a])propria- 

tion   of  payments  is,  that  the*  debtor  has  the 

right,  if  he  pleases,  to  make  the  appropriation ;  if  he  omits  it  the  creditor 

may  make  it;  if  both  omit,  the  law  will  apply  the  payments  according  to 

its  own  notions  of  justice. ' ' 

Pickering  vs.  Day,  2  Del.  Ch.  33.3  at  365-6.  (yr.  1866) 


Death  of 
Assessor 
and  Col- 
lector. 


Sec.  89.     If  any  Assessor  and  Collector  die,  or  remove 
from  the  said  city  or  district  in  and  for  which  he  shall  have 


CITY    CHARTER.  95 

been  elected  as  aforesaid,  or  become  incapal)le  of  performing 
his  duties,  the  Council  may,  upon  petition  by  the  sureties  of 
such  Assessor  and  Collector,  and  being-  satisfied  that  it  is  a 
proper  case  for  relief,  appoint  another  person  to  collect  the  hovv  sup- 
residue  of  the  unpaid  taxes,  and  may  compel  the  delivery  to  '^''®<^- 
such  person  of  the  list  and  warrant,  or  cause  a  new  one  to  be 
issued  to  him,  bond  with  surety  being  first  given  as  required 
by  this  act  from  the  original  Assessor  and  Collector.  And 
thereupon  such  other  person  so  appointed,  and  his  sureties,  his 
and  their  executors  and  administrators,  shall  become  respon- 
sible for  the  uncollected  taxes,  subject  to  allowances  as  herein 
provided.  Such  appointment  shall  not  discharge  the  sureties 
of  the  first  Assessor  and  Collector  from  any  part  of  their  orig- 
inal responsibility,  but  all  sums  collected  by  the  substituted 
Assessor  and  Collector  shall  be  credited  to  him.  («)  All  the 
powers,  duties  and  liabilities  of  the  first  Assessor  and  Collector 
shall  devolve  upon  the  substituted  Assessor  and  Collector  and 
his  executors  and  administrators  upon  final  settlement  with 
the  Finance  Committee  as  herein  provided.  The  said  Com- 
mittee shall  make  a  just  apportionment  between  the  original 
Assessor  and  Collector,  or  his  representatives,  and  the  substi-  Settlement 

with  repre- 

tuted  Assessor  and  Collector  of  the  compensation  allowed  for  sentatives  of 

.  deceased 

the  collection  of  taxes.  collector. 

(fl)  The  provision  that  the  substituted  collector  shall  be  credited 
with  his  collections  is  simi^ly  the  general  law,  thus  protecting  sureties. 

Eidgely,  Ch.  ad  Jit.  "In  instances  of  official  bonds,  executed  by  the 
principal,  at  different  times,  with  separate  and 
distinct  sets  of  sureties,  this  Court"  (Sup.  Ct.  U.  S.)  "has  settled  the 
law  to  be  that  the  responsibility  of  the  separate  sets  of  sureties,  must  have 
reference  to,  and  be  limited  by,  the  periods  for  which  they  respectively 
undertake,  by  their  own  contract,  and  that  neither  the  misfeasance  nor 
nonfeasance  of  the  principal,  nor  any  cause  of  responsibility  oecuring 
within  the  period  for  which  one  set  of  sureties  have  undertaken,  can  be 
transferred  to  the  period  for  which  alone  another  set  have  made  them- 
selves answerable. ' ' 

Pickering  vs.  Day,  2  Del.  Ch.  333  at  367.  (yr.  1866) 

Sec.  90.     All  taxes  for  city  and  school  purposes  which  ^^^^  'ien. 
may  hereafter  be  lawfully  assessed  on  real  estate  in  the  City 
of  Wilmington  shall  constitute  a  prior  lien  thereon   [for  the  ^^^  ^^  j^^^ 
period  of  four  years  from  the  first  day  of  July  succeeding  the  JJ-  ^^^6^84  ^^ 
assessment  of  said  taxes]    and  may,  with  all  incidental  costs 
and  expenses,  be  leviecf  by  sale  thereof  as  hereinafter  pro- 


96  CITY   CHARTER. 

vided.     The  said  lien  shall  be  fully  paid  and  satisfied  before 
any  recognizance,  mortgage,  (")  judgment,  debt,  obligation  or 
responsibility  which  the  real  estate  may  become  charged  with 
or  liable  to.        ********* 
12^*^  1887^^"*  18 -^"^  '-■^^^  ^'^y  fZ^/a^o/'i/  or  adverse  legal  proceedings,  hy  or  on 
D.  L.  350.       'behalf  of  any  delinquent  taxable  against  said  Assessor  and 
Collector,  or  against  The  Mayor  and  Council  of  Wilmington, 
should  delay  or  prevent  the  collection  of  the  tax  beyond  the 
thirty-first  day  of  December  in  the  succeeding  year  after  its 
assessynent,  the  lien  of  such  tax  on  the  real  estate  therein  pro- 
vided shall  continue  and  be  extended  for  a  period  of  six  months 
after  the  termination  of  such  dilatory  or  adverse  proceedings^ 
or  for  so  much  thereof  as  may  be  necessary  to  complete  the  col- 
lection of  said  tax  as  provided  for  in  Section  91  of  this  act.^ 
[But  in  case  of  the  sale  under  execution  (^)  process,  of  any  real 
estate  upon  which  such  tax  liens  shall  exist,  such  lien  shall  be 
feiTed  fn  cer-  transferred  to  the  fund  arising  from  such  sale  in  the  hands  of 
tain  cases.     ^^^  officer  making  the  same,  and  the  real  estate  so  sold  shall  be 
12?  1887.  ^18  discharged  therefrom.     Provided,  that  if  such  fund  shall  not 
■     ■       ■      be  sufficient  to  pay  and  discharge  the  said  tax  lien  by  reason 
of  the  said  real  estate  having  been  sold  subject  to  another  or 
other  lien  or  liens  created  by  said  taxable,  then  the  unpaid 
balance  of  said  tax  shall  remain  a  lien  upon  the  land  so  sold. 


(a)  This  Section  in  its  priority  of  lien,  payment  and  transfer  of 
lien  to  the  fund,  in  ease  of  sale,  is  very  similar  to  the  county  tax  law. 

Wolcott,  Ch.:  "These  taxes"  (county)  "whether  jjrior  or  subse- 
quent to  the  mortgage  and  judgments,  were  by  stat- 
ute made  paramount  liens  on  the  real  estate  *  *  from,"  &c.  (258) 
' '  From  what  has  been  said  it  is  manifest  that  *  *  the  mortgage 
creditors  had  a  first  lien  on  the  real  estate,  subject  to  the  liens  of  the 

Lord  &  Polk  Chem.  Co.,  7  Del.  Ch.  245  at  259.   (yr.  1895) 

This  Section  says  ' '  Taxes     *     *     shall  constitute  a  prior  lien  there- 
on, ' '   and   ' '  The  lien     *      "     shall   be   paid     *     *     before   any     *     * 
mortgage, ' '  &c. 

The  county  tax  law  is  very  clear,  for  it  gives  the  lien  priority  even 
though  the  mortgage  lien  be  of  a  date  prior  to  the  time  ' '  of  the  attach- 
ing of  such  lien  for  taxes. ' ' 

In  the  case  below  cited,  real  estate  was  sold  under  a  mortgage  and 


1.     Amendment  of  May  17,   1897,   supra,  mullifies  the  parts  of  Section 
90  in  italics,   p.   95  this  volume. 


CITY   CHARTER.  97 

converted  into  personalty.  .The  county  law  required,  if  no  personal  prop- 
erty could  be  found,  "to  levy  and  collect  such  taxes  from  the  lands,"  &c. 
The  city  has  no  such  provision  as  the  above.  The  land  having  been  sold 
before  a  levy  was  made  the  Court  decided  the  priority  was  lost. 

"The  statute  *  1875,  in  relation  to  the  lien  of  taxes  jjrovides  that 
the  lien  *  shall  *  *  be  paramount  to  all  other  liens.  *  *  To  se- 
cure this  priority  *  *  over  the  lien  of  a  mortgage  *  *  the  tax 
should  have  been  dulj'  levied     *     on  the  real  estate"  before  it  was  sold. 

Khoads  vs.  Given,  5  Houst.  183.  (yr.  1876) 

( b )  The  phrase  here  is  ' '  execution  process ' '  and  the  language  above 
shows  what  it  means.  In  the  case  cited  below,  the  Court  held  that  a  sale 
of  lands  for  county  taxes  did  not  affect  city  taxes  or  city  liens  (such  as 
sewer,  &c.)  of  any  kind,  and  that  they  remain  as  in  case  of  no  sale. 

Pennewill,  J.:  "It  is  not  contended  in  this  case  that  the  said  deed 
would  vest  in  the  defendant  the  real  estate  described 
therein,  free  from  the  lien  or  encumbrance  of  municipal  taxes,  even  though 
the  city  in  fact  received  notice  of  the  sale, ' '  &c. 

Knowles  vs.  Morris,  6  Penn.  76  at  79.   (yr.  1906) 

Sec.  91.    If  any  person,  assessed  as  aforesaid,  shall  neg-  ^haftli^"* 
lect  or  refuse  to  pay  the  sum  which  any  Assessor  and  Collector  ?o?^  talel.°^*^ 
shall  be  required  to  collect  from  him,  or  any  part  thereof,  for 
ten  days  after  demand  made,  the  said  Assessor  and  Collector 
shall  levy  and  make  the  same  by  distress  («)  and  sale  of  the  de- 
linquent's goods  and  chattels,  rendering  the  overplus,  if  any, 
after  deducting  reasonable  charges,  to  the  owner  or  o\\Tiers 
thereof,  or  if  no  such  distress  can  be  found  by  the  Assessor 
and  Collector,  the  said  tax  may  be  collected  from,  or  levied 
upon,  the  goods  and  chattels  of  any  of  his  tenants,  if  such 
there  be,  who  shall  be  allowed  to  set  otf  the  amount  thereof  of°  tenant 
against  any  demand  for  rent  on  the  part  of  such  delinquent  rlnt.° 
landlord,  or  if  there  be  not  rent  sufficient  to  cover  the  amount 
so  paid  or  levied,  it  may  be  recovered  by  such  tenants  from 
the  landlord,  with  costs.    And  if  any  grounds,  buildings  or  es- 
tate belong  to  a  minor  or  minors,  or  person  or  persons  absent 

,    .  ^    •  ,  j_       n  \.  Taxes  of  mi- 

from   the   ciij.   the   tax   laid  upon   the   assessment   ol   suchnors. 
grounds,  building  or  estate  may  be  collected  from  the  person 
or  persons  having  the  care  of  such  grounds,  buildings  or  estate. 

Taxe.s   of 

and  the  receipt  of  the  Assessor  and  Collector  for  money  so  non-resi- 

n  i  1      ■     •   J.         dents. 

paid  shall  be  a  sufficient  voucher  to  all  executors,  administra- 
tors, guardians,  trustees,  or  attorneys,  against  those  whom 
they  represent.  If  any  person  or  persons  from  whom  any  tax 
is  required  to  be  collected,  or  their  executors,  administrators, 
guardians,  trustees,  or  attorneys  cannot  be  found,  or  shall  re- 
fuse (^)  to  pay  the  tax  aforesaid,  and  no  goods  or  chattels  of 


98  CITY   CHARTER. 

such  person,  sufficient  to  satisfy  such  tax,  can  be  found,  and  the 
same  cannot  be  collected  from  any  tenant  or  tenants  of  such 
person,  or  if  the  owner  or  owners,  or  other  proper  person 
or  persons,  having   the    care   and   charge   over  any  real  es- 
tate  assessed   and   described   as   belonging  to   "owner  un- 
known," as  aforesaid,  cannot  be  found,  the  Asesssor  and  Col- 
.    lector  shall  make  and  deliver  to  the  Solicitor  for  said  city  a 
of^^coi?ecfor   Certificate  of  the  facts  under  oath  or  affirmation,  together  with 
city  Soifcitor  ^  brief  description  of  the  real  estate  on  which  said  tax  shall 
have  been  assessed,  and  the  name  or  names  of  the  person  (if 
known)  against  whom  as  owners  of  said  real  estate  said  tax 
Where  filed,  j^g^g  been  assessed ;  and  the  said  Solicitor  shall  file  the  said  cer- 
tificate in  the  office  of  the  Prothonotary  of  the  Superior  Court 
Entry  of       ^^  New  Castle  County,  and  judgment  shall  thereupon  be  en- 
judgment.      tcred  therein  in  favor  of  "The  Mayor  and  Council  of  Wil- 
mington" on  said  described  real  estate  and  against  the  said 
owner  or  owners  thereof  if  known,  and  a  writ  of  levari  facias 
shall  forthwith  be  issued  thereon,  by  virtue  of  which  it  shall 
Sale  of  real  be  the  duty  of  the  sheriff  of  said  county  to  advertise  and  sell 
estate.  ^^^^  ^^-^  j,^^^  estate  upon  which  said  taxes  have  been  assessed, 

under  like  proceedings  as  by  law  are  required  in  the  sale  of 
lands  and  tenements  under  execution  process,  and  make  re- 
Return,  turn  thereof  to  the  next  regular  term  of  the  said  Superior 
Court  after  the  issuing  of  said  writ,  and  the  court  may  in- 
quire into  the  circumstances  and  regularity  of  the  proceedings 
Deed  and       and  either  approve  the  sale  or  set  it  aside.     If  the  court  ap- 
prove of  said  sale,  the  sheriff  shall  make  a  deed  (^)  to  the  pur- 
chasers, which  shall  convey  all  interest  and  property  in  and 
to  the  real  estate  so  sold,   [and  the  said  Superior  Court  shall 
Act  of  April  have  power  to  make  all  necesasry  orders  and  rules  and  to  issue 

17     1885       17  ' 

D.'  L.  905.  all  process  which  may  be  necessary  to  place  the  said  purchaser 
in  possession  of  the  said  real  estate.]  If  the  sale  be  set  aside 
and  the  said  tax  be  still  a  lien  on  said  real  estate,  the  court 
may  order  another  sale,  and  so  on  until  the  tax  be  collected. 
Such  disposal  of  the  surplus  proceeds  of  said  sale  shall  be  made 
b}^  the  court  as  may  be  deemed  just.  No  sale  shall  be  ap- 
proved if  the  owner  be  ready  at  court  to  pay  the  taxes  and 
costs,  and  no  deed  shall  be  made  until  the  expiration  of  two 
3'ears  from  the  time  of  sale,  within  which  time  the  owner  or 


CITY   CHARTER.  99 

owners,  his  or  their  heirs,  executors,  or  administrators,  shall 
have  power  to  redeem  the  said  real  estate  so  sold  on  payment 
to  the  purchaser  or  purchasers,  his  or  their  heirs  or  assigns,  of 
the  amount  of  the  purchase  money  and  costs,  and  twenty  per 
cent,  interest.     Proceedings  for  redeeming    land    so    sold  as  ^^^^'^^fj^^^jl^ 
aforesaid  shall  be  by  petition  to  the  said  Superior  Court,  and 
the  said  court  shall  have  full  power  to  make  all  proper  rules 
and  orders  thereon.    If  no  such  grounds,  buildings  or  estate  be 
found,  the  Assessor  and  Collector  shall  take  the  body  of  such  J^nt'^for' 
delinquent  person  and  deliver  him  to  the  keeper  of  the  eom-'^^'^®^- 
mon  jail  of  New  Castle  County,  to  be  detained  in  safe  custody 
until  the  said  tax,  with  costs,  be  paid,  or  such  person  be  legally 
discharged.     All  the  powers  herein  vested  in  an  Assessor  and  powers  of 
Collector  shall  devolve  upon  and  be  exercised  by  his  executors  devou^e  upon 
and  administrators,  except  in  cases  where  a  substitute  shall  be  ®^®<^"tor. 
appointed,  as  provided  in  Section  88  of  this  act.    On  the  first 
Saturday  of  September,  in  each  year,  the  Assessors  and  Col- 
lectors shall  advertise,  in  two  of  the  daily  newspapers  of  the  Tax  lists. 
City  of  Wilmington,  a  full  list  of  the  persons  whose  taxes  as 
aforesaid  for  the  preceding  year  are,  at  that  date,  unpaid,  to- 
gether with  a  brief  description  of  the  real  estate  taxed,  and 
shall,  within  two  weeks  thereafter,  make  and  deliver  the  cer- 
tificates required  by  this  section  to  the  Solicitor  for  said  city 
for  all  such  taxes  assessed  on  real  estate  as  aforesaid  which 
shall  not  then  have  been  paid. 

(a)   The  tax  is  a  lieu  on  tlie  real  estate. 

Wolcott,  Ch. :  ' '  Not  so,  however,  as  to  its  personalty.  There  is  no 
common  law  rule  which  makes  the  levy  and  appor- 
tionment of  taxes,  ex  proprio  vigore,  liens  on  the  property  of  the  taxable. 
Such  liens  can  only  be  created  by  statute.  There  is  no  statute  in  this 
State  declaring  real  estate  taxes  to  be  liens  on  personal  property,  without 
the  intervention  of  some  kind  of  execution  process.  The  only  mode,  there- 
fore, of  reducing  them  to  such  liens  is  by  distress. ' ' 

Lord  &  Polk  Chemical  Co.,  7  Del.  Ch.  248  at  258.  (yr.  1895) 
The  Court:     "      *     *     if  the  owner  of  any  real  estate     *     *     shall 
fail  to  pay  the  tax  thereon  in  ten  days  after  demand,  it 
shall  be  the  duty  of  the  collector  to  levy  and  collect  the  same  with  costs 
by  distress  and  sale  of  the  personal  property  of  the  tenant  thereof.  (187) 
*     *     we  have  no   doubt     *     *     that  the  tax  in   this  case  should  have 
been  duly  levied  in  some  one  of  the  methods  prescribed, ' '  &c. 
Ehoads  vs.  Given,  5  Houst.  183  at  188.  (yr.  1876) 
(The  above  cases  show  that  the  statute  does  not  give  a  lien  on  per- 
sonal property,  and  imtil  distress  is  made  the  personal  property  cannot 
be  taken  for  real  estate  taxes,  and  to  make  subsequent  action  valid  all 
prior  preliminary  steps  should  be  followed.     As  to  the  effect  of  irregular- 


100  CITY   CHARTER. 

ity  in  not  levying  on  tenants '  goods,  where  there  has  been  a  sale  of  the 
same,  see  case  of  Tilghman  vs.  Cruson,  4  Har.  341.  (yr.  1845).  As  to 
suit  by  tax  collector,  see  case  of  Laws  vs.  Jones,  2  Har.  345.   (yr.  1838) 

(b)  If  one  desires  to  contest  the  payment  of  a  tax,  he  should  refuse 
to  pay  it  until  the  Collector  threatens  to  arrest  him  or  seize  and  distrain 
on  his  property.  His  payment,  then,  will  be  a  payment  under  protest, 
and  his  rights  will  be  saved  for  the  future.  Anything  short  of  this  will 
be  a  "  voluntary ' '  payment,  and  will  preclude  his  recovering  his  money 
back,  even  though  the  law  or  ordinance  proceeded  under  be  unconstitu- 
tional. 

The  following  was  written  on  the  back  of  a  tax  bill :  ' '  The  amount 
paid  in  settlement  of  this  bill  of  taxes  was  paid  to  me  by  said  taxable 
under  protest  as  being  illegally  exacted  and  with  the  avowed  intention  of 
suing  for  its  recovery. ' ' 

Spruance,  J.:  "The  payment  by  the  plaintiff  must  have  been  made 
upon  compulsion,  as  for  example  to  prevent  the  im- 
mediate seizure  of  his  goods,  or  the  arrest  of  the  person,  and  not  volun- 
tarily. Unless  these  conditions  concur,  paying  under  j^rotest  will  not, 
without  statutory  aid,  give  a  right  of  recovery. ' ' 

Monaghan  vs.  Lewis,  5  Penn.  218  at  225'.    (yr.  1905) 

Wilmington  vs.  Wicks,  2  Marv.  297  at  301.   {jr.  1896) 

Equity  will  not,  as  a  rule,  grant  a  restraining  order  for  taxes  illegal- 
ly assessed. 

The  Chancellor:  "The  ordinary  remedies  in  the  case  of  taxes  il- 
legally assessed  and  levied  are  an  action  at  law 
after  a  compulsory  payment,  either  of  trespass  against  the  collecting  of- 
ficer, or  of  assumpsit  against  such  officer  or  the  public  corporation  to 
which  the  amount  has  been  paid.  *  *  Equity  will  not,  therefore,  en- 
join the  collection  of  a  tax  alleged  to  be  illegal,  where  there  is  an  ade- 
quate remedy  at  law.  It  will  not  interfere  by  preventive  process,  on  ac- 
count of  mere  irregularities,  hardship  and  injustice  in  the  assessment,  or 
errors  or  excess  in  valuation. ' ' 

P.,  W.  &  B.  B.  E.  Co.  vs.  Neary,  5  Del.  Ch.  600  at  610.  (yr.  1886) 
(County  tax.) 

Neary  vs.  P.,  W.  &  B.  E.  E.  Co.,  7  Houst.  419  at  426.  (yr.  1887) 
(County  tax.) 

E.G.  &  T.  Co.  vs.  Donahoe,  8  Del.  Ch.  422  at  427-8.  (yr.  1899)  (State 
tax.) 

Confirming  the  Neary  case  in  above  language. 

Wales,  J.:  "  The  approjiriate  tribunal  for  their  settlement  is  the 
Superior  Court,  by  which  they  can  be  heard  and  deter- 
mined without  interrupting  for  a  single  hour  the  collection  of  the  public 
taxes,  and  without  impairing  the  rights  or  injuring  the  property  of  the 
complainants. ' ' 

Murphy  et  al  vs.  Wil.,  6  Houst.  108  at  141.  (yr.  1880)  (City  tax, 
i.  e.  assessment.) 

Murphy  vs.  Wil.,  5  Del.  Ch.  281  at  293.  (yr.  1879)  (City  tax,  i.  e.  as- 
sessment.) 

(c)  The  language  is:  "If  the  Court  approve  of  said  sale,  the 
sheriff  shall  make  a  deed  to  the  purchaser. ' '  The  title  remains  in  the 
taxable  till   deed  made. 

Lore,  C.  J.:  " You  will  note  that  upon  the  approval  of  the  sale  the 
act  expressly  provides:  "The  president  shall  make  a 
deed  to  the  purchaser,  &c.  *  *  We  are  at  a  loss  to  conceive  how  the 
confirmation  of  the  sale  by  the  Court  could  divest  the  title  of  the  taxable 
*  *  when  the  act  itself  in  effect  says  that  the  title  shall  be  divested  by 
the  deed.     We  are  clearly  of  opinion  that  the  legal  title  remained  in" 


CITY   CHARTER.  101 

(the  tax  debtor)  ' '  until  a  deed  was  made  in  pursuance  of  the  terms  of 
the  statute  relating  to  tax  sales.  *  *  The  general  rule  is  "Until  the 
expiration  of  the  time  for  redemption,  and  the  execution  and  delivery  of 
the  deed,  the  title  to  the  lands  sold  remains  with  the  tax  debtor. ' ' 

Betts  vs.  Dick,  1  Penn.  268  at  272-273.   (yr.   1S9S) 

Knowles  vs.  Morris,  6  Penn.  76  at  78.  (yr.  1906) 

Sec.  92.  It  shall  be  the  duty  of  the  said  Assessors  and 
Collectors,  on  demand  and  tender  of  fees,  to  furnish  certifi- 
cates, under  their  respective  hands  and  official  seals,  of  all 
such  taxes  which  are  lien  on  real  estate  in  their  respective 
districts.  The  fee  shall  be  twenty-five  cents  for  each  certifi- 
cate. The  duties  required  of  the  Assessors  and  Collectors 
under  this  section  shall  be  one  of  their  obligations  covered 
by  the  conditions  in  their  official  bond. 

Sec.  93.    Every  Assessor  and  Collector  shall  pay  to  the  Payments 
City  Treasurer,  or  make  such  deposits  in  bank  to  the  credit  Treasurer. 
of  ''The  Mayor  and  Council  of  Wilmington"  of  the  sums  he 
shall  from  time  to  time  collect,  at  such  times  and  in  such 
manner  as  the  Council  may  by  ordinance  direct. 

Sec.  94.    Everv  Assessor  and  Collector  shall  appear  be-  settlement 

^  with   Fi- 

fore  the  Finance  Committee  at  such  time  or  times  and  place  nance  com- 

niitteG. 

as  they  shall  appoint,  and  produce  to  them  the  list  of  taxes 
as  aforesaid,  together  with  his  receipts  for  payments  to  the 
Treasurer  or  certificates  of  deposit  as  aforesaid,  and  there- 
upon the  said  committee  shall  ascertain  and  determine 
whether  after  a  iust  allowance  for  errors,  delinquencies,  or  Allowance 

"  _    '-  for  errors. 

otherwise,  any  and  what  sum  is  due  and  unpaid  from  such 
Assessor  and  Collector  to  the  city.    The  said  committee,  or  a 
majority  of  them,  shall  make  and  sign  two  certificates  of  certificates, 
their  determination  in  the  premises,  one  of  which  shall  be 
delivered  to  the  Assessor  and  Collector  and  the  other  to  the 
City  Treasurer.  («)    If  by  such  certificates  any  balance  appears 
to  be  due  and  unpaid  to  the  cit}',  the  Assessor  and  Collector  pj^^.j^ent 
shall  pay  the  same  within  fifteen  days  thereafter,  and  if  such  ^"^  "^of^^^ai- 
balance  be  not  so  paid,  the  City  Treasurer  shall  certify  the  ^"'^*^- 
fact  to  the  City  Solicitor,  who  shall  forthwith  take  legal  pro- 


102 


CITY   CHARTER. 


cess  for  the  collection  of  the  same  from  the  Assessor  and  Col- 
lector and  his  sureties. 

(a)   Even  after  allowance  for  errors,  &c.,  and  settlement  as  afore- 
said, if  the  collectors  have  received  money  and  not  accounted  for  it,  it 
seems  both  they  and  their  sureties  will  be  liable  for  it.     ' '  It  seems  that 
the  settlement  of  a  collector  's  accounts  by  the  Levy  Court,  and  the  mak- 
ing of  allowances  for  delinquents  as  j^rovided  by  Delaware  Laws,  chap. 
8,  See.  21,  will  not  prevent  the  holding  of  the  collector  and  his  sureties 
liable  for  money  received,  and  not  accounted  for  by  the  collector." 
Mealey  vs.  Buckingham,  6  Del.  Ch.  356.   (yr.  1891) 
The  Chancellor:    "Here  the  important  question  is,  did    *    the"  col- 
lector "in  the  bond,  receive  in  payment  of  taxes 
on  the  duplicate  made  out  and  placed  in  his  hands  by  the  Levy  Court  any 
money  not  accounted  for  by  him?     If  he  did.  the  proper  judicial  authori- 
ties will  see  to  it  that  he  and  his  sureties  be  held  to  a  proper  accountabil- 
ity in  respect  to  the  same."     id.  361. 

^?*  1885!^'^  17  ^E^-  ^^-  '^^16  salaries  and  compensation  of  the  said  As- 

D.  L.  902.  sessors  and  Collectors  shall  be  as  follows,  viz:  they  shall  be 
Act  of  April  psid  [eight  hundred  dollars  ($800)  each  for  making  the  as- 
D.'  L.^^349.  ^^  sessment.  and  for  making  collections  during  the  months  of 
July  and  August  in  each  year,  and  eight  per  centum  on  the 
amounts  collected  by  them  on  and  after  the  first  day  of  Sep- 
tember in  each  and  every  year.  The  said  salaries  or  com- 
pensation shall  be  paid  upon  warrants  authorized  by  said 
Council  to  be  drawn  on  the  treasury  of  the  said  city.] 

Sec.  96.  The  said  board  shall  have  full  power  to  ex- 
amine the  books  of  plans  of  the  said  city  in  the  office  of  the 
Chief  Engineer  of  said  city. 


Assessors 
and  Collec- 
tors  sworn. 


Bond. 


Condition. 


Warrant  of 
attorney. 


Sec.  97.  Each  of  the  said  Assessors  and  Collectors  shall, 
before  entering  upon  the  duties  of  his  office,  take  an  oath  or 
affirmation  similar  to  that  hereinbefore  prescribed  to  be 
taken  by  the  members  of  the  said  Board  of  Assessment,  Re- 
vision and  Appeals,  and  shall  give  bond  to  ''The  ]\Iayor  and 
Council  of  Wilmington,"  with  freehold  security  (")  to  he  ap- 
proved by  the  Mayor  and  President  of  Council,  in  the  amount 
to  be  determined  by  the  Council,  conditioned  for  the  faithful 
assessment  of  his  district  and  collection  of  the  taxes  assessed 
therein,  and  for  the  faithful  performance  of  all  the  other 
duties  of  his  office  that  may  be  prescribed  by  the  said  Coun- 
cil, and  with  a  warrant  of  attornej^  for  the  confession  of 
judgment  thereto  attached.  (^)    Such  bonds  must  be  given  by 


CITY   CHARTER.  103 

the  Assessors  and  Collectors  within  five  days  after  their  elec- 
tion. 

(a)  An  ordinance  requiring  the  assessors  and  collectors  to  bond  with 
surety  comj^anies  is  void.  The  Legislature  passed  a  law  (known  as  the 
Initiative  and  Referendum  Act)  allowing  the  people  to  vote  on  certain 
matters,  and  if  the  vote  was  favorable,  making  it  mandatory  upon  ' '  The 
Council ' '  to  pass  ordinances  covering  the  matter,  and  jirescribing  penal- 
ties if  '  *  The  Council ' '  refused  to  act,  thus  making  ' '  The  Council ' '  simply 
' '  go  through  the  form. ' '  The  Council,  acting  thus,  passed  an  ordinance 
relating  to  surety  bonds  as  above,  and  the  Court  held  it  unconstitutional. 

State  Del.  ex  rel.  The  Mayor  and  Council  Wil.  vs.  Sayers.  (yr.  1907). 
App.  Dock.  p.  425. 

The  above  provision  calls  for  freehold  security.  Sees.  78,  87  and  89 
of  the  Charter  show  an  inclination  to  hold  the  sureties  strictly  to  the  bond. 
A  material  alteration  in  the  bond  without  the  knowledge  of  the  surety, 
releases  him.  ' '  The  official  bond  of  a  collector  of  county  taxes  when 
given  was  signed  by  the  collector,  and  signed  and  sealed  by  his  several 
sureties.  Subsequently  the  principal  in  said  bond  affixed  a  seal  to  his  sig- 
nature, without  the  knowledge  or  consent  of  the  sureties. ' '  The  Court 
held  the  change  of  a  seal  released  the  sureties. 

State  of  Delaware  vs.  Smith,  9  Houst.  143.  (yr.  1890)     (Syllabus) 

Stoeckle  et  al  vs.  Armstrong  et  al,  8  Del.  Ch.  150.   (yr.  1897) 

(b)  In  the  case  below  cited,  an  effort  was  made  to  bring  the  bond 
of  a  county  collector  within  a  statute  that  related  to  recognizances,  and 
to  make  his  bond  a  lien  from  its  caption  or  acknowledgment. 

By  the  Court:  "In  regard  to  the  latter"  (county  tax  collectors), 
' '  the  county  has  am^jle  security  against  loss  by  enter- 
ing judgment  on  the  warrant  of  attorney  accompanying  the  bond,  and 
which  at  once  becomes  a  lien  on  the  real  estate,  of  the  sureties,  as  well  as 
of  the  officer  himself.  We  are  therefore  of  opinion  that  the  official  bond 
in  this  case  was  not  a  lien  from  it.s  caption  on  tljo  lauds  and  tenements 
*     *     of     *     the  collector.  "     It  is  a  lien  only  when  entered  up. 

State  use  Tharp  et  al  vs.  Emerson  et  al.,  3  Houst.  85  at  89.  (yr.  1865) 
(This  is  applicable  to  the  assessors'  and  collectors'  bonds.) 


Exemption. 


Sec.  98.  The  Council  shall  not  have  power  to  release  or 
exempt  any  person  or  persons  (")  who  are  liable  to  taxation 
from  their  proper  share  or  proportion  of  the  taxes  of  the  city 
either  by  commutation  for  services,  by  gratuity,  or  other- 
wise. 

(a)  See  Sec.  31  of  the  Charter  which  says  that  The  Council  cannot 
exempt  any  individual  from  the  operation  of  any  general  ordinance  or 
municipal  regulation. 

Sec.  99.     There   may   be   assessed  and   collected  by  The  .j.^^.^^  ^^ 
Mayor  and  Council  of  Wilmington,  for  the  use  of  the  city,  horses. 
an  annual  tax  upon  each  horse,  mule,  ass,  or  animal  of  the 
horse  kind,  («)  owned  or  kept  within  the  limits  of  the  City  of  ^^^  ^^  ^    .j 
Wilmington,  and  the  Council  shall   [enjoin  upon  the  Asses-  ^'  L^l^g   ^"^ 


104 


CITY   CHARTER. 


Telegraph, 
telephone, 
and  electric - 
light  poles. 


Removal. 


City   bonds 
exempt  from 
taxation. 


sors  and  Collectors  for  the  City  of  Wilmington,  the  mode  and 
manner  of  assessing  and  collecting  the  same.] 

(a)  The  Council  can  fix  the  amount  of  tax  on  animals  without  no- 
tice to  the  owners. 

Nicholson,  Ch.:  "Thus  if  the  tax  on  animals  be  a  fixed  sum  per 
head,  *  *  there  is  nothing  the  owner  can  do 
which  can  affect  the  amount  to  be  collected  from  him."  So  he  is  not  en- 
titled to  notice  as  to  the  amount. 

English  vs.  Wilmington,  2  Marv.  63  at  92.   (yr.  1894) 

Sec.  100.  The  Mayor  and  Council  of  Wilmington  shall 
have  power  and  authority  to  levy  and  collect  taxes  upon  all 
telegraph,  telephone  and  electric-light  poles  («)  and  other  erec- 
tions of  like  character  erected  within  the  limits  of  the  Citj^  of 
Wilmington,  and  the  Council  may.  by  ordinance,  prescribe  the 
mode  of  levying  and  collecting  the  same.  In  case  any  of  the 
owners  or  lessees  of  any  such  poles  or  erections  erected  with- 
in said  city  shall  refuse  or  neglect  to  pay  the  taxes  that  may 
be  levied  upon  such  poles,  the  Council  shall  have  authority 
to  cause  the  same  to  be  removed  and  may  institute  suit  to  re- 
cover the  amount  of  taxes  so  levied  and  the  expenses  inci- 
dent to  the  removal  of  such  poles  or  erections.^ 

(a)  See  Sec.  80  paragraph  "c,"  note  "a;  "  and  see  same  Sec.  para- 
graph "g"  (3).  The  Court  decided  that  these  taxes  belonged  to  "The 
Mayor  and  Council, ' '  and  not  to  the  Street  and  Sewer  Department. 

Sec.  101.  All  bonds  of  the  City  of  Wilmington  which 
have  heretofore  been  issued,  or  which  shall  hereafter  be  is- 
sued under  an}^  ordinance  of  said  city  and  by  authority  of 
any  law  of  this  State,  shall  be  exempt  from  taxation  under 
any  law  of  this  State,  and  from  and  after  the  passage  of  this 
act  no  county  tax  shall  be  collected  from  any  persons  hold- 
ing the  bonds  of  said  city  for  or  on  account  of  said  bonds. 


Advisory 
Board  meet- 
ings. 


[Sec.  101a.  The  Advisory  Board  shall  meet  in  the 
Mayor's  office,  or  at  such  other  place  as  may  be  agreed  upon 
by  said  Board,  once  each  month,  or  oftener  if  the  Mayor  shall 
deem  it  expedient,  for  the  purpose  of  advice  and  consulta- 
tion in  regard  to  matters  concerning  the  municipality,  but 


1.     See  amendment  to  Sec.  SO  of  City  Charter. 
24  D.  L.  353. 


Act  of  Rlarch  25,  1907. 


CITY   CHARTER.  105 

the  action  of  said  Board  shall  not  be  binding  upon  any  of  ^j^*^]?^g"°^. 
said  Departments,  except  in  cases  of  disputes  and  differences  of^^is'putel"^^ 
which  may  arise  between  or  among  any  of  the  departments 
of  the  municipality,  (including  the  Board  of  Public  Educa- ^^t^^^g^P'^" 
tion) ,  or  the  officials  of  any  department  of  the  city,  in  which  d.  l.  307. 
said  cases  the  decision  of  said  Board  shall  be  final.     If  said 
disputes  or  differences  be  not  amicably  settled  or  ad.iusted  ^us1;eVwitlf-' 
within  ten  days  after  the  same  shall  have  arisen,  the  matter '"  lo  ^ays. 
in  controversy  shall  be  referred  to  said  Board  for  determina- 
tion.   The  presidents  of  all  the  departments  mentioned  in  the 
preceding  section  ;^  including  the  President  of  the  Board  of 
Public  Education  shall  be  ex-officio,  members  of  the  Council,  j^^.q^^^jq 
and  as  such  shall  be  entitled  to  take  part  in  the  debates  and  all  members, 
deliberations  of  that  body  upon  the  floor  of  the  Council,  but 
this  privilege  shall  not  entitle  them  to  the  right  to  vote  upon  ^o°vo*te*'"^'^ 
any  matter  whatever  coming  before  the  Council.    The  Mayor  j^i^yor  to 
shall  be  the  presiding  officer  of  said  Board.    The  members  of  shaTi*^receive 
said  Board  as  such  shall  not  receive  any  compensation.]  sation!"''^"' 

REGISTRATION  OF  REAL  ESTATE   WITHIN  THE  CITY. 

Sec.  102.  The  Chief  Engineer  of  the  City  of  Wilming-  ^/^S[^^^°^ 
ton,  under  an  ordinance  and  appropriation  by  Council,  shall  "^^^e. 
cause  to  be  made  books  of  plans  of  the  said  city,  divided  into 
sections  so  far  as  the  streets  of  the  said  city  are  or  shall  be 
laid  out,  which  shall  show  the  situation  and  dimensions  of 
each  property  therein  with  the  citj'  numbers  thereof,  who  are 
the  owners,  with  such  succession  of  blank  columns  as  will 
permit  the  names  of  future  owners  to  be  entered  therein, 
vdth  the  dates  of  transfer  and  with  index  for  recording  such 
names  alphabetically;  and  the  person  or  persons  who  shall 
be  employed  to  perform  such  duty  shall  have  access  to  all 
books  in  the  Recorder  of  Deeds'  office,  and  all  records  of  the 
courts,  and  in  the  Register's  office,  and  may  take  copies  or 
extracts  thereof  without  any  charge  therefor. 

Sec.  103.    The  original  books,  when  made,  shall  be  kept  Rp^ks^-  ^^^^ 
in  the  fire-proof  of  the   department    of   surveys  of  the  said 


1.     This  refers  to  the  preceding  section  in  the  Act  of  April  5.  1909. 


106 


CITY   CHARTER. 


Engineer^^^^  citv,  and  the  Chief  Engineer  shall  keep  up  the  said  books  so 
as  to  show  at  all  times  who  are  the  owners  of  the  lots  on  the 
plans,  (and  said  booksi  shall  at  all  times  be  accessible  to  the 
Assessors  of  said  city,)  and  said  books  shall  be  kept  in  such 
manner  as  not  to  destroy  the  evidence  of  the  ownership  at 
any  previous  time,  but  by  additions  which  will  show  the  sub- 
divisions of  property  and  the  owners  thereof  as  transmissions 
of  title  may  take  place ;  and  the  Chief  Engineer  may  furnish 
copies  of  the  said  books,  or  parts  thereof,  for  such  price  as 
may  be  fixed  by  Council,  for  the  use  of  the  city,  and  his  cer- 
tificate shall  be  received  in  evidence  as  and  for  such  proof  as 
the  assessment  books  would  be ;  and  lithographed  copies  of 
the  said  books  may  be  multiplied  and  sold  for  the  profit  of 
the  said  city. 


Certificate. 


Report  by 
owner  of 
conveyance. 


Recorded. 


Duty   of   Re- 
corder of 
Deeds    to 
have  all 
deeds  for 
city  property 
duly  regis- 
tered. 


Penalty   of 
$1.00    for 
each    omis- 
sion. 


Sec.  104.  To  enable  the  Chief  Engineer  of  the  city  to 
keep  up  the  said  books  of  plans,  it  shall  be  the  duty  of  every 
seller  and  buyer  of  ground  upon  the  planned  plot  of  the  City 
of  Wilmington  to  make  report  («)  to  him  of  every  conveyance 
made,  with  the  precise  dimensions  and  locality  of  the  prem- 
ises, and  so  doing  the  same  shall  be  recorded  without  charge 
and  noted  on  the  deed  of  conveyance  by  said  Chief  Engineer 
or  Assistant ;  but  if  said  seller  and  buyer  shall  both  omit  said 
duty,  the  Recorder  of  Deeds  of  the  County  of  New  Castle 
shall  not  admit  the  deed  of  conveyance  to  record  in  his  of- 
fice without  charging  twenty-five  cents  for  each  lot  described 
therein,  and  it  shall  then  be  his  duty  to  furnish  the  proper 
description  of  such  lot  or  lots,  with  the  date  of  conveyance 
and  name  of  grantor  or  grantee,  within  one  month,  into  the 
office  of  the  Department  of  Surveys,  under  the  penalty  of 
one  dollar  for  each  omission,  to  be  recovered  as  penalties  for 
taking  unlawful  fees  are  recovered  for  the  use  of  the  said 
city;  and  it  shall  be  the  duty  of  every  purchaser  of  houses 
and  lands  at  judicial  sales,  and  of  every  one  to  whom  an  al- 
lotment in  partition  shall  have  been  made,  and  every  devisee 
by  will,  to  make  return  to  the  Chief  Engineer  of  the  purchase 
he  has  made,  or  allotment  he  has  received,  and  of  all  devises 
made  to  him  by  will,  with  description  as  aforesaid,  which  said 
Chief  Engineer  shall  receive  without  charge,  but  if  he  shall 


CITY   CHARTER.  107 

not  have  done  so  simultaneously  with  the  completion  of  his 
purchase,  or  on  partition  effected,  or  if  on  probate  of  any 
will  the  devisee  shall  not  have  done  so,  as  to  any  houses  or 
land  in  the  said  city  purchased,  allotted  or  devised,  it  shall 
be  the  duty  of  the  Clerk  or  Prothonotary  of  the  proper  court  ci"rk  m- 
under  Avhose  authority  such  judgment  or  partition  shall  have  Tnd^of'Reg^'^ 
been  made,  and  for  the  Register  of  Wills,  to  furnish  such  de-  lo^cauL^'"^ 
seriptions  as  are  above  required  of  the  Recorder  of  Deeds,  so  trar^fer  of 
far  as  the  wills  to  be  proved  in  his  office  shall  enable  him  to  [o^be^regil- 
do  so,  for  the  like  charge  and  under  the  same  penalty ;  and  *®''®'^- 
the    Clerk    or    Prothonotary    and   Register   may   make   such 
charges  against  such  purchaser  or  party  taking  in  partition, 
or  devisee,  on  delivery  of  the  deed  certifying  proceedings  in 
partition  or  granting  probate  of  the  will,  and  that  whether 
the  same  be  in  trust  or  for  any  estate  for  life  only,  or  other- 
wise, unless  the  party  interested  shall  produce  to  him  or  them 
the  certificate  of  the  Chief  Engineer  that  such  duty  has  been 
performed. 

(a)  If  no  notice  of  the  transfers  be  given  as  required,  and  an  assess- 
ment be  made  against  property  for  sewer  liens,  against  the  heirs  of  a  de- 
ceased prior  owner,  and  not  against  the  owners  of  land  when  the  assess- 
ment was  made,  it  is  thought  the  assessment  still  would  be  good. 

The  Chancellor:  The  "lands  were  liable  for  the  payment  thereof 
whoever  might  be  the  holder  and  the  owner  of  the 
same.  *  *  Equity  regards  the  substance,  and  not  the  accidents  of 
things. ' ' 

Murphy  vs.  Wilmington,  o  Del.  Ch.  281  at  293.  (yr.  1879) 

But  see  same  case  in  6  Houst.  108  at  136  where  the  Court  said  the 
conditions  of  ordinances  should  be  complied  with  or  the  assessment  would 
be  void. 

See  case  of  Knowles  vs.  Morris,  6  Penn.  76  at  78  and  79.   (yr.  1906) 

Sec.  105.  If  neither  the  seller  nor  buyer,  devisee  nor  Liable  for 
heir,  or  other  partj^  who  has  acquired  title  to  houses  and  *^''^^- 
lands  in  the  said  city  shall  have  furnished  the  description  of 
the  property  sold  as  aforesaid,  both  he  who  may  have  parted 
with  and  he  who  acquired  title  shall  be  liable  for  the  taxes 
thereafter  assessed  thereon,  without  right  of  reclamation  or 
contribution  thereof  either  against  the  other. 

Sec.  106.    And  should   the   Chief   Engineer   apprehend  violation 
that  conveyances,  or  devises,  or  descents  of  houses  or  lands 
shall  have  taken   place  without  being  reported  to  him,   he 
shall  cause  search  to  be  made  therefor  and  perfect  his  book 


108 


CITY  CHARTER. 


Fine. 


Duties  of 
Chief  En- 
gineer. 


Act  of  May 
14,  1891.  19 
D.  L.  253. 

Election  of 
Registrar. 


Duties  of 
Registrar. 


of  plans ;  and  every  person  found  delinquent  for  six  months 
after  acquiring  title  as  aforesaid  in  making  report  as  afore- 
said shall  be  liable  to  a  fine  of  five  dollars,  to  be  recovered  by- 
said  engineer  in  the  name  of  the  city  as  debts  of  that  amount 
are  by  law  recoverable. 

Sec.  107.  The  Chief  Engineer  shall  preserve  on  file,  ar- 
ranged alphabetically  and  according  to  date,  all  reports 
made  to  him  of  descriptions  of  houses  and  lands,  and  for 
twenty-five  cents  shall  give  his  certificate  at  the  foot  of  a 
duplicate  of  the  description  of  the  designated  property  or 
properties  when  a  duplicate  of  description  shall  be  produced 
to  him  with  the  certificate  written  out  for  his  signature,  and 
his  certificate  shall  be  evidence  for  the  receiver  of  it.  and  any 
clerk,  prothonotary,  or  register,  and  all  others,  that  this  law 
has  been  complied  with. 

REGISTRAR  OF  BIRTHS,  DEATHS  AND  MARRIAGES. 

Sec.  108.  [The  Board  of  Health^  shall  on  the  first  Thurs- 
day in  May,  A.  D.  1891,  and  every  year  thereafter,  elect  a 
Secretary,  who  shall  be  ex-officio,  City  Registrar,  (")  and  per- 
form all  duties  now  belonging  to  said  office.] 

(a)  In  1886  "The  Council"  made  an  appointment  to  the  above  of- 
fice for  5  years.  In  1891  the  Legislature  amended  the  law,  and  the  Board 
of  Health  (under  the  amended  act)  and  before  the  expiration  of  the  term 
of  office  of  Council 's  appointee,  made  an  apj^ointment.  The  appointee  of 
' '  The  Council ' '  was  ousted.  He  afterwards  sued  the  city  in  assumpsit 
for  back  salary.  The  Court  held  he  should  first  have  established  his  right 
to  the  office  by  quo  warranto  proceedings,  and  that  it  would  not  in  an 
action  of  assumpsit  decide  the  title.     The  Court  also  said : 

Marvel,  J.:  " No  law  is  better  established  than  that  all  that  is  re- 
quired, when  there  is  an  office,  to  make  an  officer  de 
facto,  is  that  the  individual  claiming  the  office  is  in  possession  of  it,  per- 
forming its  duties,  and  claiming  to  be  such  officer  under  color  of  an  elec- 
tion or  appointment,  as  the  case  may  be. ' ' 

Lee  vs.  Wilmington,  1  Marv.  65  at  71.   (yr.  1893) 

Sec.  109.  The  said  Registrar  shall  keep  a  separate  record 
of  deaths,  births  and  marriages,  with  a  correct  alphabet  of 
reference  of  every  name  and  page.  The  said  Registrar  shall 
also  perform  such  other  duties  as  the  Council  shall  from  time 
to  time  direct,  properly  appertaining  to  his  office,  and  shall  be 
subject  to  removal  by  the  Council  for  just  cause.     The  said 


1.     The  Board  of  Health  is  now  appointed  biennially, 
the  Charter. 


See  Sec.  136  of 


CITY   CHARTER.  109 

Council  shall  furnish  the  Registrar  a  suitable  office  and  also 
find  all  necessary  books,  blanks  and  stationery. 

Sec.  110.  It  shall  be  the  duty  of  the  parents  of  the  child,  gotice  of 
midwife,  nurse,  or  one  of  them,  or  such  person  as  Council  shall 
determine,  within  ten  days  after  the  birth  of  any  child  to  file 
notice  thereof  with  said  Registrar;  such  notice  to  contain  a 
full,  truthful  and  complete  statement  of  all  such  facts  as  may 
be  required  by  the  Registrar,  and  be  filled  out  and  written  in 
and  upon  such  blank  or  blanks  as  may  be  furnished  by  the 
Registrar.  It  shall  be  the  duty  of  the  officiating  clergyman  ^arri|ge^s^ 
or  magistrate,  or  other  persons  performing  any  marriage  cere- 
mony, within  five  days  thereafter,  to  file  a  notice  thereof,  in 
writing,  with  said  Registrar,  containing  a  full,  truthful  and 
complete  statement  of  all  such  facts  as  may  be  required  by  the 
Registrar,  and  to  be  filled  out  and  written  on  such  blank  or 
blanks  as  may  be  furnished  by  the  Registrar.  It  shall  be  the  deaths.  ° 
duty  of  every  physician  who  has  attended  any  person  deceased 
during  last  illness,  or,  in  case  there  shall  have  been  no  attend- 
ing physician,  then  it  shall  be  the  duty  of  the  householder  in 
whose  family  any  death  occurs,  and  in  case  of  any  inquest  be- 
ing had  it  shall  be  the  duty  of  the  Coroner  holding  such  in-  coroner.  ^ 
quest  to  make  return  to  the  said  Registrar  of  the  facts  of  such 
death;  such  return  to  be  in  writing  and  to  contain  a  full, 
truthful  and  complete  statement  of  all  such  facts  as  may  be 
required  by  the  Registrar,  and  to  be  filled  out  and  written  on 
such  blank  or  blanks  as  may  be  furnished  by  the  Registrar. 
Upon  the  return  of  such  certificate  the  said  Registrar  shall  is- 

T    ,        ,  .  ,       .    .  ,     J,      Permit  for 

sue  a  permit,  signed  by  him,  authorizing  the  removal  tor  burial, 
burial  of  the  body  of  the  person  deceased;  and  no  keeper  of 
any  hearse,  or  hackney  coaches,  or  other  person,  shall  receive, 
carry  or  convey  said  body  from  any  premises,  and  no  under- 
taker or  other  person  shall  remove  or  assist  in  the  carrying  or 
conveying  of  said  body  from  any  premises,  and  no  sexton,  un- 
dertaker or  other  person  shall  bury  or  assist  in  the  burial  of 
any  body  except  upon  the  production  to  him  or  them  of  such 
certificate  duly  issued  by  the  Registrar.  It  shall  be  the  duty 
of  any  undertaker,  or  other  person,  before  they  shall  remove 
any  dead  body  from  the  eity,  to  obtain  a  health  permit  from 


110 


CITY   CHARTER. 


the  Registrar,  and  to  file  a  notice  containing  a  full,  truthful 
and  complete  statement  of  all  such  facts  as  may  be  required 
by  the  Registrar  to  be  filled  out  and  written  on  such  blank  or 
blanks  as  may  be  furnished  by  the  Registrar. 

Penalty.  g^^    ^11.     Any  person  neglecting  or  refusing  to  comply 

with  any  of  the  provisions  of  the  immediately  preceding  three 
sections,  and  any  person  violating  any  of  its  provisions,  shall 
be  subject  to  a  fine  of  ten  dollars  for  every  such  violation,  or 
neglect,  or  refusal,  to  be  recovered  in  the  Municipal  Court  of 
said  city  in  the  name  of  the  Registrar  and  paid  into  the  city 
treasury. 


Registrar's 
seal. 


Evidence. 


Roads  va- 
cated. 


Notice. 


Damages. 
How  ascer- 
tained and 
paid. 


Sec.  112.  The  Registrar  shall  have  a  seal  of  office,  and 
his  records  of  deaths,  births  and  riiarriages,  or  certified  copies 
thereof  under  his  hand  and  seal  of  office,  shall  be  competent 
evidence  in  all  cases.  The  Council  shall  have  full  power  to 
enact  all  ordinances  in  its  discretion  necessary  and  proper  to 
effect  the  purposes  of  the  immediately  preceding  four  sections. 

VACATING  OF  ROADS.  ^ 

Sec.  113.  No  public  or  private  road  included  within  the 
limits  of  said  city  shall  hereafter  be  vacated,  either  upon  the 
application  of  the  City  Council  («)  or  of  any  person  interested, 
unless  notice  of  the  intention  to  apply,  either  to  the  General 
Assembly,  (^)  or  to  the  Court  of  General  Sessions  of  the  Pea<3e 
and  Jail  Delivery,  to  vacate  such  public  or  private  road  be 
first  published  for  the  period  of  thirty  days  in  two  of  the 
newspapers  published  in  said  city  prior  to  such  application; 
and  when  any  such  road  shall  have  been  vacated  as  aforesaid, 
any  person  sustaining  in.jury  thereby  may  apply  to  the  Court 
of  General  Sessions  of  the  Peace  and  Jail  Delivery  in  and  for 
New  Castle  County  to  appoint  three  disinterested  and  impar- 
tial persons  (^)  to  value  the  damages  which  he  has  sustained  and 


1.  Entire  jurisdiction  and  control  of  the  streets  of  the  city,  from 
building  line,  is  now^  vested  in  the  Board  of  Directors  of  the  Street  and 
Sewer  Department  by  Act  entitled  "An  Act  in  relation  to  the  Streets  and 
Sewers  of  the  City  of  W^ilmington,"  passed  April  20.  1887,  (Vol.  18,  Chap. 
188)    p.    224   of   this   volume. 


CITY   CHARTER.  Ill 

the  damages  so  assessed  shall  be  paid  by  the  City  Council 
aforesaid  before  said  road  so  vacated  shall  be  closed  up  or  ob- 
structed. 

(a)  The  Street  and  Sewer  Department  no\y  (not  "The  Council") 
makes  such  application.     It  has  control  of  the  streets. 

(b)  "The  General  Assembly  shall  not  pass  any  local  or  special  Ian- 
relating  to"  *  *  the  "vacation  in  whole  or  in  part,  of  any  road, 
highway,  street,  lane  or  alley. ' ' 

Art.  II,  Sec.  19,   (Constitution  1897) 

(c)  The  State  law  refers  to  them  as  "suitable"  persons.  In  the 
case  below  cited,  an  objection  among  others,  was  that  they  were  not 
' '  freeholders. ' '  The  Court  held  that  they  did  not  have  to  be  freeholders. 
This  would  seem   applicable. 

In  re  Lee  et  al,  i  Penu.  .576  at  579.   (yr.  1903) 

STREETS.^ 

Sec.  114.    The  several  posts  and  mark  stones  now  set  and  street  cen- 
tre stones. 
fixed  in  the  earth  in  the  middle  of  the  streets  of  said  city,  as 

well  as  all  such  other  posts  and  mark-stones  as  shall  from  time 

to  time,  be  set  and  fixed  in  the  earth  by  the  City  Surveyors  or 

Regulators,  shall,  in  all  cases  and  in  all  courts  of  law  within 

this  State,  be  deemed,  taken  and  allowed  as  landmarks.    And 

if  an3^  person  shall  willfullv  pluck  up  or  remove  anv  of  said  Removing 

J    f  ^     L  f  ^  centre 

posts  or  mark-stones,  such  person  shall,  for  every  such  offense,  stones, 
forfeit  and  pay  a  fine  of  one  hundred  dollars ;  and  the  Council  p^j^^^.^. 
may  reward  the  informer  of  such  offense  by  allowing  him  a  ^g^j^,.^  qj 
portion  of  said  penalty  not  exceeding  a  moiety  thereof.  informer. 

Supplied  by 
ci„^    lie;*  *  *  *  *  *  *  *  #  Act  April  20, 

k5EC.  liO.  1887.     18  D. 

L.  352  (Sec. 

1.) 

Sec.  116.    Before  any  property  or  ground  shall  be  taken  Damages  to 
or  occupied  for  the  purpose  of  extending,  widening,  laying  out  ground  taken 
or  opening  any  street,  square,  lane  or  alley,  under  the  pro-  ^°^  streets, 
visions  of  this  act,  the  owner  or  owners  of  such  property  or 
ground  shall  be  paid  or  tendered  such  damages  as  they  shall 
respectively  be  entitled  to  receive,  which  damages  shall  be  as- 
sessed as  follows,  viz :     Upon  the  written  application  of  the  Application 
Mayor,  under  the  direction  of  the  Council  («)  and  reasonable  s°onTo"as-^' 
notice  (''')  to  the  persons  interested,  if  residing  in  the  city,  the  a|es. '^^'^ 


1.     See  also  21   D.   L.    427. 


112 


CITY   CHARTER. 


Considera- 
tion  of 
benefits  and 
injuries. 


Return  of 
freeholders. 


Commission 
of  review. 


Proviso. 


Second   re- 
view. 


Approval  by 
judge. 


"When  return 
set  aside. 


Associate  Judge  of  the  Superior  Court  of  this  State,  resident  in 
New  Castle  County,  shall  issue  a  commission  under  his  hand, 
directed  to  five  impartial  (<^)  freeholders  of  said  county,  com- 
manding them  to  assess  the  damages  that  may  result  from  the 
extending,  widening,  laying  out  or  opening  of  such  street, 
square,  lane  or  alley,  to  the  owner  or  owners  of  property  or 
ground  necessary  to  be  taken  or  occupied  therefor,  taking  into 
consideration  all  the  circumstances  of  benefit  and  convenience, 
as  well  as  of  detriment,  to  result  to  such  owner  or  owners,  and 
to  make  return  of  their  proceedings  to  the  said  judge  at  a  time 
therein  appointed.  The  freeholders  named  in  such  commis- 
sion, being  first  sworn  or  affirmed  as  in  said  commission  shall  be 
directed,  shall  view  (f^)  the  premises,  and  they  or  a  majority  of 
them  shall  assess  the  damages  aforesaid,  and  shall  make  return 
in  writing,  of  their  proceedings  in  the  premises  to  the  said 
judge,  who  shall  file  the  same  in  the  office  of  the  Clerk  of  the 
Council.  The  return  upon  one  commission  shall  not  be  conclu- 
sive ;  but  upon  applications  by  the  ]\Iayor  as  aforesaid,  or  of 
any  person  interested,  within  fifteen  days  after  the  filing  of 
such  return,  the  judge  shall  issue  a  commission  of  review,  ap- 
pointing five  other  freeholders  as  aforesaid,  with  like  instruc- 
tions as  were  contained  in  the  first  commission ;  provided,  that 
if  a  review  be  granted  upon  the  application  of  a  person  or 
persons  interested,  the  review  shall  extend  only  to  the  assess- 
ment of  damages  made  in  respect  to  the  person  or  persons 
making  such  application.  If  the  return  to  a  commission  of  re- 
view vary  in  the  damages  assessed  from  the  return  to  the  orig- 
inal commission,  the  judge  shall  grant  a  second  commission  of 
review  upon  the  application  of  the  Mayor  as  aforesaid,  or  of 
any  person  interested  in  the  return  to  the  commission  of  re- 
view, within  ten  days  after  the  filing  of  such  return.  If  a  re- 
view be  not  applied  for  in  due  time,  the  return  to  the  original 
commission  shall  be  conclusive  as  to  the  amount  of  damages. 
If  the  return  to  any  two  commissions  correspond  as  to  the 
amount  of  damages,  such  amount  shall  be  conclusive.  But  if 
there  be  more  than  one  return  and  none  conclusive,  under  the 
foregoing  provisions,  the  judge  shall  confirm  such  one  of  them 
as  he  shall  deem  most  just,  and  the  return  so  confirmed  shall 
be  conclusive.    The  judge  may  set  aside  a  return  to  a  commis- 


CITY   CHARTER.  113 

sion  for  gross  inequality  or  inequity,  in  which  case  he  shall 
issue  another  commission  in  its  place.     The  judge  shall  have 
power  to  fill  any  vacancy  in  a  commission.    There  shall  be  al-  Vacancies. 
lowed  to  the  commissioners  for  their  services  three  dollars  per(;,Q^j„ig. 
day,  to  be  paid  by  Council.    The  amount  of  damages  being  so  pe°Sion°"'' 
ascertained,  the  Council  may  pay  or  tender  the  same  to  the 
person  or  persons  entitled  thereto,  within  two  calendar  months  fg^^^^j^^o^f  "*"■ 
after  the  same  shall  have  been  finally  ascertained,  or  if  the '^^"^as^s- 
person  or  persons  so  entitled  reside  out  of,  or  are  absent  from, 
the  city  during  said  period  of  two  months,  then  the  same  may 
be  deposited  to  his  or  her  credit  in  the  Farmers'  Bank  of  Dela- 
ware at  Wilmington  within  said  time,  and  thereupon  the  said 
property  or  ground   may   be   taken   or   occupied  for  the  use 
aforesaid.    Whenever  damages  shall  have  been  assessed  to  any 
owner  or  owners  of  property  for  the  opening,  extending  or 
widening  of  any  street,  square,  lane  or  alley,  and  the  Council 
shall  fail,  omit  or  neglect  to  pay  or  tender  the  amount  of  said 
damages  to  the  person  or  persons  entitled  to  the  same,  or  to 
deposit  the  same  in  the  manner  and  within  the  time  herein 
provided  for  such  payment  or  tender  or  deposit,  no  further  ap- 
plication or  proceedings  shall  be  made  or  had  for  the  opening, 
extending,  or  widening  of  said  street,  square,  lane  or  alley, 
through  or  upon  the   same   land   or   premises  for  which  said 
damages  were  assessed,  until  after  the  expiration  of  one  year 
from  and  after  the  said  assessment.    In  any  proceedings  here-  Damages 

barred    in 

after  taken  for  extending  any  street,  no  person  or  persons  certain 
shall  be  entitled  to  any  damages  for  any  house,  building  or 
structure  hereafter  placed  or  erected  within  the  City  of  Wil- 
mington upon  any  ground  lying  between  lines  drawn  from 
the  building  lines  of  such  street  to  the  limits  of  the  city  in  the 
direction  which  the  said  street  would  take  if  extended  as  laid 
down  on  the  map  or  plan  {^)  of  the  City  of  Wilmington. 

(a)  Now,  the  Street  and  Sewer  Department  (see  Sees.  4  and  7  of 
that  Act,  pp.  228-233  of  this  vohime.)  Whenever  the  word  "  Covmcil " 
appears,  insert  ' '  Street  and  Sewer  Department. ' ' 

(&)  Eeasonable  notice  should  always  be  given. 

Nicliolson,  Ch.:      "Whenever  the  first  method  of   assessment  above 

referred  to  is  adopted  by  the  Legislature,  viz:    an 

assessment     made     by     *     *     commissioners     "      *     who     are     to     view 

the  estates  and  levy  the  expense  in  proportion  to  the  benefits,  which,  in 

their  opinion,  the  estates,  respectively,  will  receive     *     *     it  is  now  un- 


114  CITY   CHARTER. 

questioned  and  unquestionable  that  an  ojiportunity  for  a  hearing  is  ab- 
solutely necessary  to  the  validity  of  the  assessment. ' ' 

English  vs.  Wilmington,  2  Marv.  63  at  90.   (yr.  1894) 
(The  above  was  the  case  of  the  laying  of  a  sewer  pipe.) 
Dodd  et  al  vs.  Hart,  8  Del.  Ch.  448  at  454.   (yr.  1900) 
Saulshury,   Ch.:      "The   law   sedulously   protects   a  man's   freehold. 
He  cannot  be  deprived  of  it  except  in  accordance 
with  law. ' ' 

Fulton  vs.  Dover,  6  Del.  Ch.  1  at  16.  (yr.  1886) 

The  above  case  was  one  of  condemnation  of  lands  for  streets.  No- 
tice was  required  to  be  given  ' '  immediately ' '  after,  &c. 

The  Chancellor:      "Now  the   26th  of  March,   1886,  was  not  imme- 
diaiely  after  the  7th  of  December,  1885, ' '  &q.     No- 
tice three  months  after  the  time  was  not  compliance  with  the  law. 
Id  8  Houst.  78  at  88.   (yr.  1888) 

' '  Giving  such  notice  on  the  day  after  *  *  satisfies  the  require- 
ment of  the  statute  that  the  notice  shall  be  given  immediately  after 
survey  and  location."    id  79   (syllabus) 

(c)  In  the  case  below  cited  (but  not  reported),  it  was  held  by  Chan- 
cellor Nicholson  that  the  commissioners  named  in  the  above  section  could 
be  tax-payers  of  the  city  and  still  be  "impartial." 

Wiley,  trustee  of  Morris  vs.  Wil.  (yr.  1910)  Ch.  Eec.  V  2,  p.  110-112. 
Anderson  vs.  Wil.,  6  Penn.  485  at  486.   (yr.  1907)   overruling, 
Eobinson  vs.  Mayor  and  Counc.  Wil.,  8  Houst.  409.   (yr.  1889) 
See  case  in  5  Har.  242  (no  name  given),   (yr.  1849) 
It  was  held  that  the  Town  Council  of  Dover  were  competent  commis- 
sioners to   condemn   lands   and   assess   damages   for   lands   taken   in   the 
Town  of  Dover,  especially  as  the  statute  allowed  an  appeal  to  five  com- 
missioners. 

Fulton  vs.  Dover,  8  Houst.  78  at  100.   (yr.  1888) 

(d)  All  the  freeholders  should  "view"  the  jiremises. 

Grubb,  J.:  "  The  record  discloses,  and  accordingly  it  is  objected, 
that  a  majority  only,  and  not  all  of  the  Town  Council 
were  present  when  the  determination  to  extend  Queen  street,  and  the  as- 
sessment of  the  complainant's  compensation,  were  made;  *  *  but 
these  acts  *  *  of  this  majority  under  the  proper  construction  of  Sec. 
16  *  *  were  as  good  and  binding  as  if  the  whole  Council  had  partici- 
pated therein. ' '     This  mav  have  been  on  account  of  the  statute. 

Fulton  vs.  Dover,  8  Houst.  78  at  101.   (yr.  1888) 

In  the  following  case  the  Court  held  that  all  should  have  viewed  the 
premises. 

The  Chancellor:  "It  appears  that  the  commissioners  named  in  the 
Act  of  Assembly  did  not  before  proceeding  to  per- 
form their  duties,  all  go  upon  and  view  the  several  swamjis  and  low 
grounds  *  *  as  by  the  act  they  were  required  to  do.  (565.)  The  origi- 
nal invalidity  of  the  action  of  the  commissioners  in  the  omission  to  go 
upon  the  lands  of  each  taxable  before  assessing  their  several  contribu- 
tions, is  fatal  to  the  whole  course  of  jsrocedure,  and  sufficient  in  itself 
*     *     for  a  perpetual  injunction. ' ' 

Curry  vs.  Jones  et  al,  4  Del.  Ch.  559  at  566.  (yr.  1872) 

It  is  safest,  always,  for  all  the  commissioners  to  do  all  the  acts  re- 
quired.    The  law  is  well  laid  down  as  follows: 

Wales,  J. :   "      *     *     if  a  city  ordinance  imposes  certain  conditions 

which  must  be  comj^lied  with  in  order  to  make  a  legal  tax, 

the  failure  to  comply  with  any  of  the  conditions  renders  the  tax  void. ' ' 

Murphy  et  al  vs.  Wilmington,  6  Houst.  108  at  136.  (yr.  1880) 

(e)    Persons  must  take  notice  at  their  peril  of  the  city  plan. 


CITY   CHARTER.  115 

The  Court:  "The  owners  of  lots  hold  them  subject  to  this  plan 
*  *  and  are  bound  to  build  in  conformity  with  that 
plan. ' ' 

Clark  vs.  Wil.,  5  Har.  243.  (yr.  1849) 

(In  the  above  case  a  cellar  was  flooded  by  grading  a  street.) 

Cullen,  J.:      "If  property  be  damaged   ' '  by  reason  of  its  location 

when  the  streets  and  sidewalks  should  be  brought  to  the 

grade  then  existing  when  he  purchased  this  house  of  which  he  was  bound 

to  take  notice, ' '  the  owner  thereof  has  no  action  therefor   against  the 

citv. ' ' 

Benson  vs.  City,  9  Houst.  359  at  364.  (yr.  1893) 

(The  above  was  a  case  of  a  flooded  cellar.) 

(The  city  can  change  grades  without  liability — this  is  general  law.) 

Sec.  117.  In  any  proceeding  taken  for  extendins;,  widen-  Expenses  of 

.  ^  .  1  11        widening 

mg,  laying  out,  or  opening  any  street,  square,  lane  or  alley  and  opening 

streets    Gtc, 

under  the  provisions  of  this  act,  the  commission  to  be  issued  apportioned' 
by  the  Associate  Judge  of  the  Superior  Court  of  this  State  benefited. 
resident  in  New  Castle  County,  in  furtherance  of  that  pur- 
pose, in  addition  to  the  requirements  of  Section  116  preced- 
'ing,  shall  contain  a  further  command  that  (after  assessing 
the  damages  that  may  result  from  the  extending,  widening, 
or  laying  out  or  opening  of  such  street,  square,  lane  or  alley 
to  the  owner  or  owners  of  property  or  ground  necessary  to 
be  taken  or  occupied  therefor,  taking  into  consideration  all 
the  circumstances  of  benefit  and  convenience  as  well  as  of 
detriment  to  result  to  such  owner  or  owners)  they  estimate 
th^  probable  entire  cost  of  such  contemplated  improvement, 
including  damages  to  owners  of  property  necessary  to  be 
taken  or  occupied  therefor,  and  after  giving  timely  notice 
of  their  time  and  place  of  meeting  and  opportunity  to  per- 
sons interested  residing  in  the  city,  to  be  heard,  that  they 
make  an  allotment,  apportionment,  assessment  and  division 
of  such  portion  as  they  shall  deem  just  and  reasonable  of 
such  estimated  cost  upon  and  among  the  persons,  properties, 
interests  and  estates  which  will,  in  their  judgment,  or  that  of 
a  majority  of  them,  be  specially  benefited  («)  by  such  improve- 
ment, according  and  in  proportion  to  the  quantity  and  ex-  ^scertain- 
tent  of  such  benefit,  according  to  their  best  judgment.  (^)  In  1^^^^"^*, o^^ 
forming  such  judgment  all  those  shall  be  deemed  specially 
benefited  by  such  proposed  improvement  who,  in  the  judg- 
ment of  the  freeholders,  commissioners,  may  be  benefited 
thereby  beyond  the  value  of  any  detriment  which  can  occur 
to  them  thereby,  or  who  may  be  benefited  thereby  withouli 


116 


CITY   CHARTER. 


Entry  In  lien 
book. 


any  detriment  therefrom,  and  in  either  case  beyond  the  bene- 
fit which  inures  to  the  citizens  of  said  city  or  property  own- 
ers therein,  generally,  by  reason  of  such  improvements.  The 
commissioners  having  made  such  allotment,  appointment,  as- 
sessment and  division  of  such  portion  of  such  estimated  cost, 
fii1ng^"of  "t he  shall  make  return  thereof  to  the  said  judge,  who  shall  file  the 
assessment,  g^j^g  with  the  assessment  of  damages,  in  the  office  of  the 
Clerk  of  the  Council,  who  shall  submit  the  same  to  the  Coun- 
cil for  its  approval  or  disapproval ;  and  upon  approval  by  the 
Council  of  any  assessment  for  benefit,  the  Clerk  of  said 
Council  shall  immediately  enter  such  approved  assessment  in 
the  record  or  lien  book  kept  for  that  purpose.  And  the  same 
being  so  recorded  shall  at  once  constitute  and  be  evidence  of 
a  debt  for  that  amount  and-  in  that  behalf  from  the  person 
assessed  to  The  Mayor  and  Council  of  Wilmington,  and  shall 
further,  from  the  time  of  its  entry  as  aforesaid,  be  and  re- 
main a  lien  upon  the  lands  and  buildings,  interest  and  estate 
in  respect  of  w^hich  such  assessment  for  benefit  was  made, 
and  as  such  lien  shall  have  priority  over  any  lien,  encum- 
brance or  conveyance  made  or  suffered  by  the  owner  or  own- 
ers of  such  property  after  the  recording  of  such  assessment 
as  aforesaid ;  and  for  the  collection  thereof,  the  said  Mayor 
and  Council  of  Wilmington  may  proceed  as  in  other  cases 
for  the  collection  of  debts,  or  in  the  manner  provided  for  the 
collection  of  claims  or  liens  for  paving,  and  the  provisions 
of  the  law  in  that  behalf,  both  in  regard  to  the  process,  no- 
tice, advertisement,  sale,  conveyance,  title,  costs  and  disposal 
of  proceeds  of  sale,  shall  apply  to  the  proceedings  herein  pro- 
vided for,  except  that  any  residue  to  which  the  owner  of  any 
property  sold  shall  be  entitled  may,  instead  of  being  paid 
into  the  Farmers'  Bank  of  Delaware  at  Wilmington,  be 
placed  in  the  city  treasury,  and  be  held  by  the  city  for  ac- 
count of  the  person  who  shall  be  justly  entitled  thereto  and 
paid  to  such  person  on  demand ;  and  in  case  the  amount  so  as 
aforesaid  assessed,  collected  and  retained  by  the  city  for  the 
purpose  of  effecting  such  improvement  as  aforesaid  shall  not 
be  required  and  expended  therefor  within  twelve  calendar 

RccovGry  of 

residue  from  months  after  the  payment  thereof  into  the  city  treasury,  the 

tli6  city.  • 

whole  amount  may  be  demanded  and  sued  for  or  otherwise 


Assessment 
a  lien  on 
lands,    etc. 

Priority   of 
lien. 


Collection 
of  liens. 


Residue    of 
proceeds  of 
sale  placed 
in    city 
treasury. 


CITY   CHxVRTER.  117 

recovered  from  the  city  by  the  persons  respectively  entitled 
thereto.     The  return  to  one  commission  for  assessment  for 
benefit  shall  not  be  conclusive,  but  in  regard  to  reviews,  ap- 
pointment   of    other    commissioners,    returns    and    confirma-  R°ghts"^and" 
tions,  the  city  and  other  persons  interested  shall  have  the  j'udglj^nd 
same  rights,  and  the  judge  the  same  power  and  authority,  specting  Ve- 
and  the  effect  of  confirmation,  and  the  costs  shall  be  the  same  '•'^^'^■ 
as  in  the  case  of  proceedings  for  assessment  of  damages  to 
the  owner  or  owners  of  property  or  ground  necessary  to  be 
taken  or  occupied  therefor  for  extending,  widening,  laying 
out,  or  opening  streets,  squares,  lanes  or  alleys  under  Section 
116  of  this  act.     For  all  the  purposes  of  the  foregoing  pro- 
ceedings, when  a  bill  is  required  to  be  presented,  notice 
given,  or  demand  made,  it  may  be  presented,  tendered,  given  Kotice  of 
or  made  to  the  actual   owner   of  the   property  in  regard  to  how°  give'il"' 
■which  such  proceeding  is  taken,  or  any  one  of  them,  where *°  owners, 
it  is  owned  by  more  than  one,  or  to  any  person  occupying, 
having  use  or  charge  of  the  property,  or  in  case  it  be  unoc- 
cupied and  the  owner  unknown  or  not  residing  in  the  said 
city,  such  bill  may  be  presented,  notice  given,  or  demand 
made,  by  setting  up  or  leaving  on  the  premises,  or  by  one  ad- 
vertisement, in  a  newspaper  published  in  said  city,  a  notice 
setting  forth  the  substance  of  such  claim,  bill,  demand  or 
notification ;  and  such  proceeding  shall  have  the  same  effect 
as  if  a  personal  service  thereof  had  been  duly  made  and  re- 
turned.   In  case  of  a  corporation-owner  or  occupant  of  land 
benefited  or  to  be  benefited  by  such  contemplated  improve- 
ment, such  presentation,  notice,  or  demand,  may  be  made  to 
or  upon  the  president,  vice-president,  secretary,  treasurer  or 
any  director  thereof,  either  personally  or  by  letter  mailed  to 
the  proper  address. 

(a)  This  is  a  most  important  section.  It  contemplates  that  persons 
and  property  benefited  shall  be  charged  up  with  those  benefits.  In  prac- 
tice it  is  never  lived  up  to,  but  all  the  benefits  are  charged  up  against  the 
property  that  is  condemned.  When  a  street  is  widened,  properties  on 
both  sides  the  street  are  equally  benefited.  The  practice  is  to  give  the 
owner  of  the  property,  who  is  not  molested  in  any  Avay,  the  benefits  free, 
and  to  charge  up  against  the  person,  who  is  made  to  tear  down  his  prop- 
erty, perchance  his  home,  all  the  benefits  accruing  from  the  widening  of 
the'  street.  Simple  justice  should  put  an  end  to  this  inexcusable  and  in- 
equitable practice.  It  may  be  a  little  difficult  to  know  just  where  to 
stop,  and  how  to  grade  or  apportion  the  benefits,  but  it  can  be  dene.     It 


118  CITY   CHARTER. 

is  legal,  the  statute  requires  it,  and  the  statute,  therefore,  should  be 
obeyed.     The  following  applies: 

Wales,  J.:     "  That  the  expense  of  local  improvements  in  a  town  or 
city  may  be  met  by  local  assessments  in  whole  or  in  part, 
appears  to  be  so  well  established  as  to  require  no  discussion. ' ' 
Murphy  et  al  vs.  Wilmington,  6  Houst.  108  at  133.  (yr.  1880) 
(This  was  an  assessment  for  the  construction  of  a  sewer.) 
Nicholson,  Ch. :     "     "    the  many  cases  which  have  been  decided  fully 
establish  the  general  proposition,  that  a  statute  au- 
thorizing the  municipal   authorities,   to   open  or   establish   streets,   or  to 
make  local  improvements  of  the  character  above  mentioned  and  to  assess 
the  expense  upon  the  property  which,  in  the  opinion  of  the  designated 
tribunal  or  officers,  shall  be  specially  benefited  by  such  street  or  improve- 
ment, in  proportion  to  the  amount  of  such  benefit,     *     *     is,  in  the  ab- 
sence  of   some   special   constitutional   provision,   a  valid  exercise   of   the 
power  of  taxation. ' ' 

English  vs.  Wilmington,  2  Marv.  63  at  84.   (yr.  1894) 

(b)  All  that  is  required  of  the  commissioners  in  this  difficult  task  is, 
they  use  "their  best  judgment."  In  the  case  below  cited  the  "adjacent 
lands ' '  of  the  owner  were  assessed  for  benefits. 

Grubh,  J.:  "  It  is  further  objected  that  the  smallness  of  the  com- 
pensation would  seem  to  indicate  that  the  town  council 
estimated  and  deducted  special  benefits  to  the  complainant's  adjacent 
lands.  This,  however,  would  not  be  a  valid  objection  to  their  proceed- 
ings, for  such  a  course  Avould  be  warranted  by  the  terms  of  Section  7  of 
said  act,  and  by  judicial  authority. ' ' 

Fulton  vs.  Dover,  8  Houst.  78  at  101.  (yr.  1888) 
The  following  case  shows  the  method  of  ascertaining  benefits: 
Bates,  Justice :      ' '  Suppose   the  land   taken   to   be,   in   itself,   worth 
$1,000,   but   that  the  improvement   to  which  it   is 
applied  enhances  the  value  of  the  individual  owner  's  other  property  $500. 
It  is  manifest  that  a  sum  exceeding  $500  in  addition  to  this  enhanced 
value  would  be  more  than  a  just  compensation  for  the  damage  sustained. 
It  might  also  happen  that  the  amount  of  damage  received  would  greatly 
exceed  the  intrinsic  value  of  the  property  taken,  in  which  case  such  in- 
trinsic value  would  be  less  than   a  just  compensation.     The  rule  which 
would  assume  the  intrinsic  value  as  the  measure  of  compensation  would 
operate  very  unequally,  and  sometimes,  very  unjustly.     It  is  not  easy  to 
perceive  any  other  mode  of  arriving  at  a  just  compensation  than  by  con- 
sidering all  the  consequences  of  the  act  complained  of,  whether  they  en- 
hance or  mitigate  the  injury. ' ' 

Whiteman's  Ex.  vs. 'The  W.  &  S.  E.  E.  Co.,  2  Har.  514  at  524.  (yr. 
1839) 

.  ^  ,  [Whenever  the  Council  («)  shall  deem  it  necessary  to  take 

Act  of   Feb.  *-  ^       _  .  '    .        . 

7,  1887.  18  D.  anv  turnpike  road  within  the  limits  of  the  Citv  of  Wilming- 
L.  338.  ^  f  »  & 

ton,  (as  the  same  now  or  hereafter  may  be  extended)  for  the 
purpose  of  converting  the  same  into  a  public  street  or  high- 
way, the  same  may  be  done  under  the  provisions  of  law  at 
present  existing  for  extending,  widening,  laying  out  or  open- 
ing any  street,  square,  lane  or  alley,  and  the  methods  of  pro- 


CITY   CHARTER.  119 

cedure  in  such  cases  shall  be  made  as  near  as  may  be  conform- 
able thereto.] 

(a)    The  Street  and  Sewer  Department,  now. 

Sec.  118.  The  Council  («)  are  hereby  authorized  in  their  fj^°Q"j.'?^^Jj^^^- 
discretion,  to  cause  any  street  to  be  paved  between  the  curb  i^^^'lj^^^^^j.^^ 
lines,  agreeably  to  the  true  regulation  of  said  street,  under  the  ||^  "°j^®  ^^ 
direction  of  the  Street  Committee,  and  the  cost  and  expense  of  ^"^^• 
such  paving  and  keeping  the  same  in  good  order  and  repair  p°f^^"  ^°^ 
shall  be  paid  by  the  city  and  provided  for  by  general  taxation. 
The  provisions  of  this  section  shall  not  diminish,  or  in  any  way 
alter,  the  liability  of  any  person  to  the  said  ' '  The  Mayor  and 
Council  of  Wilmington,"  or  the  lien  upon  any  land  or  build- 
ings for  the  expense  of  paving  the  beds  of  streets  done  prior 
to  its  passage. 

(a)    The  Street  and  Sewer  Department,  now. 

PAVING  AND  CURBING. 

Paving  of 

[Sec.  119.    Upon  the  application  of  fifteen  freeholders  re-|neys.^  ^""^ 
siding  or  holding  property  in  any  lane  or  alley  in  said  city,  ovf'^l^^l  ^^d. 
if  there  be  less  than  fifteen  freeholders  residing  or  holding^"  *"^' 
property  as  aforesaid,  then  upon  the  application  of  a  majority 
of  such  freeholders,  the  Board  of  Directors  of  the  Street  and 
Sewer  Department  are  hereby  authorized,  in  their  discretion, 
to  issue  their  precept,  signed  by  the  president  of  said  board 
and  directed  to  the  street  commissioner,  commanding  him  to 
cause  the  footways  and  gutters  of  such  street  or  alley  to  be 
paved  with  brick,  stone  or  other  material  as  the  case  may  re- 
quire, and  to  fix  curbstones  therein,  agreeably  to  the  proper 
ground  plan  and  regulations  of  said  city.     The  paving  and 
curbing  of  the  footways  shall,  upon  the  completion  of  such 
paving  and  curbing,  be  forthwith  measured  bv  the  Chief  En-  Measuring 

n     T       n  -         T-w  1  T     11  ■  1    °^  pavement. 

gmeer  oi  the  Surveying  Department  who  shall  transmit  such 
measurement  to  the  said  board  of  directors,  and  it  shall  be  the 
duty  of  the  said  board  of  directors  to  have  the  cost  and  ex- 
pense of  all  such  paving  and  curbing  assessed  upon  all  the  Assessment 
owners  of  property  bordering  or  fronting  on  the  street  where 
it  is  so  paved  and  curbed,  according  to  the  number  of  feet  con- 
tained in  the  street  line  of  the  property  of  such  owners  respec- 


120 


CITY   CHARTER. 


Approval  of 
assessment. 


Lien. 


Transcript 
of  assess- 
ment. 


tively.  («)  If  such  assessment  shall  be  approved  by  the  said 
board  of  directors,  they  shall  cause  said  approved  assessment 
to  be  immediately  entered  in  a  record  book  to  be  kept  by  them 
for  that  purpose,  and  the  same  being  so  recorded  shall,  from 
the  time  of  its  entry  as  aforesaid,  be  and  remain  a  lien  upon 
the  lands  and  buildings  of  each  of  said  owners  fronting  on 
such  street  as  aforesaid  to  the  extent  of  the  amount  of  his  ap- 
proved assessment  and  as  such  lien  shall  have  priority  against 
any  lien,  encumbrance  or  conveyance  made  or  suffered  by  the 
owner  or  owners  of  such  property  after  the  recording  of  such 
assessment  as  aforesaid.  It  shall  be  the  duty  of  the  board  of 
directors  to  cause  a  transcript  of  all  such  recorded  assessments 
to  be  forthwith  transmitted  to  the  City  Auditor,  who  shall 
enter  them  of  record  in  his  office. 

(o)   See  note  to  See.  117  "a"  and  "b. " 


Bill  for 
paving. 


ZQ^  ildi^^'^'^o  *o  ^^■'^^^  owner. 

D.'  L.    154.  " 


Failure  to 
pay  bill. 

Act  of  March 
26,    1895. 
D.   L.    154. 


Sale  of  prop 
erty. 

Notice. 


The  said  board  of  directors  shall  forthwith  present  to 
each  of  said  owners  or  other  persons  having  charge  of  said 
property  a  bill  for  the  proportion  of  such  expense  so  assessed 
[And  if  any  account  liened  or  assessed  in  the 
manner  aforesaid  is  paid  within  sixty  days  after  the  date  of 
the  presentation  of  the  bill  of  such  assessment  to  the  owner  or 
agent  of  the  property  a  discount  of  (5%)  five  per  cent,  will  be 
allowed  on  the  face  of  the  bill  so  presented ;  and  upon  all  as- 
sessments paid  after  sixty  days  and  on  or  before  ninety  days 
after  presentation  of  the  bill  the  face  of  the  bill  shall  be  pay- 
able; and  upon  all  assessments  not  paid  within  ninety  days 
after  the  date  of  the  presentation  of  the  bill  as  aforesaid,  in- 
terest at  the  rate  of  six  per  cent.  (6%)  per  annum  shall  be 
charged  from  ninety  days  after  the  date  of  such  assessments 
as  aforesaid  until  the  same  is  paid  in  full.]  And  if  the  amount 
of  said  bill  be  not  paid  [at  the  end  of  one  year]  after  such 
presentation  thereof  it  shall  be  the  duty  of  the  INIayor  of  said 
20  city  to  issue  his  warrant,  directed  to  the  said  board  of  direc- 
tors, commanding  them  to  lew  the  same  with  all  costs  thereon 
upon  the  grounds  or  buildings  of  such  owner  fronting  on  such 
street  as  aforesaid,  which  said  ground  or  buildings  or  any  part 
thereof  shall  be  sold  by  said  board  of  directors  at  public  auc- 
tion, upon  ten  days'  notice  in  two  newspapers  published  in 


CITY   CHARTER.  121 

said  city,  and  a  deed  from  The  ]\Iayor  and  Council  of  Wil- 
mington shall  convey  to  the  purchaser  of  said  grounds  or 
buildings  as  full  and  complete  a  title  to  said  premises,  in  fee 
simple  or  otherwise,  as  if  the  same  were  executed  by  said 
owner  thereof.  And  it  shall  be  the  duty  of  said  board  of  di- 
rectors, out  of  the  purchase  money  of  the  said  premises  so  sold-^fP^^j^Q^eeds 
as  aforesaid,  to  pay  all  costs  arising  from  said  process  and  sale°^  ^^^®- 
to  the  parties  entitled  thereto  respectively,  and  to  pay  to  the 
City  Treasurer,  for  the  use  of  the  Street  and  Sewer  Depart- 
ment, the  amount  of  said  approved  assessment  so  assessed  to 
such  owner  as  aforesaid,  for  which  they  shall  take  and  the 
City  Treasurer  shall  give  duplicate  receipts,  one  of  which  shall 
be  retained  by  the  said  board  of  directors  and  the  other  shall 
be  by  him  forthwith  transmitted  to  the  City  Auditor.  The 
residue  of  said  purchase  money  shall  be  immediately  deposited 
hy  the  said  board  of  directors  in  the  Farmers'  Bank  of  Dela- 
ware, at  Wilmington,  to  the  credit  of  the  o'vvner  of  the  prop- 
erty so  sold,  for  which  said  board  of  directors  shall  take  from 
the  cashier  of  said  bank  duplicate  certificates  of  deposit,  and 
one  of  said  certificates  shall  be  filed  in  the  office  of  said  board 
of  directors  and  the  other  of  said  certificates  shall  be  filed  in 
the  office  of  the  City  Auditor ;  and  the  said  board  of  directors, 
or  a  ma.jority  of  them,  shall  make  duplicate  returns  under  Return  of 

proceedings. 

their  hands  of  their  proceedings  under  such  w^arrant  as  afore- 
said immediately  after  any  sale  is  made,  one  of  said  returns 
to  be  filed  in  the  office  of  said  board  and  the  other  of  said  re- 
turns to  be  filed  in  the  office  of  the  City  Auditor.  Said  re- 
turns shall  be  entered  upon  the  records  of  the  assessment  so 
kept  as  aforesaid. 

Nothing  in  this  section  shall  operate  or  be  construed  to  in-  ^^^"• 
validate  any  lien  for  curbing  and  pa\'ing  now  existing  and  un- 
collected.   But  all  such  liens  shall  be  collected  by  sale  or  other- 
wise as  prescribed  in  this  section.     Whenever  the  Board  of 


Note. — Section  2.  Act  of  March  26,  1895,  20  D.  L.  p.  154  is  as  follows: 
"Section  2,  The  board  of  directors  of  the  Street  and  Sewer  Depart- 
ment are  hereby  authorized  to  apply  the  provisions  of  this  act  to  any  and 
all  assessments  heretofore  made  for  curbing-  and  paving  now  existing  and 
uncollected:  provided,  that  nothing  in  this  Section  shall  operate  or  be  con- 
strued to  invalidate  any  asssessment  or  the  lien  thereof." 


122 


CITY    CHARTER. 


footways 
parks. 


Assessment 
of   costs. 


Liens. 


Proviso. 


^avins^of"'^  Park  Commis.sioners  shall  deem  it  necessary  to  curb  and  pave 
footways,  within  the  limits  of  the  parks  of  this  city,  in  front 
of  any  private  property  bordering  or  fronting  npon  any  foot- 
way so  to  be  curbed  and  paved,  they  shall  cause  such  footways 
to  be  curbed  and  paved,  and  the  Chief  Engineer  of  the  Sur- 
.veying  Department  shall  measure  such  curbing  and  paving, 
and  shall  certify  such  measurement,  so  made  as  aforesaid,  to 
the  Board  of  Directors  of  the  Street  and  Sewer  Department, 
who  shall  assess  the  same,  with  the  costs  thereof,  against  the 
property  upon  which  it  immediately  borders  or  fronts,  and  the 
measurement  and  assessment  thus  made  shall  be  returned 
upon  the  same  lien  books  and  in  the  same  manner  as  is  here- 
inbefore provided  for  entering  liens  for  street  paving  and 
curbing.  The  method  of  collection  of  such  liens  shall  be  the 
same  as  is  hereinbefore  provided  with  respect  to  other  liens 
for  curbing  and  paving,  and  such  liens  shall  have  a  similar 
priority  over  other  liens  and  encumbrances.  (")  Provided, 
nevertheless,  that  the  moneys  collected  for  paving  and  curbing 
in  the  parks  shall  be  by  the  Street  and  Sewer  Department  paid 
over  to  the  Board  of  Park  Commissioners  for  park  purposes. 
The  Street  and  Sewer  Department  may,  however,  at  its  op- 
tion, (^)  repair  any  footway  of  the  city  without  notice  being 
first  given  to  the  owner  or  owners  of  abutting  property,  and 
the  expense  of  repairing  the  same  shall  be  assessed  in  the  same 
manner  as  provided  for  curbing  and  paving  in  this  act  against 
the  premises  fronting  on  said  footways,  and  shall  constitute  a 
lien  against  such  premises,  and  shall  be  collected  as  other  liens 
for  curbing  and  paving  provided  for  by  this  act.] 

(a)  This  Sec.  119  is  set  out,  in  substance,  in  the  ease  of  the  Mayor 
and  Council  of  Wilmington  vs.  Ewing,  2  Penn.  66  at  96-7. 

(b)  This  clause,  giving  the  Street  and  Sewer  Department,  at  its 
option,  the  power  to  repair,  &c.,  without  consulting  the  property  owner, 
thereby  placing  a  duty  upon  it,  is  the  theory  of  its  implied  liability. 

Spruance,  J.:  "In  general,  but  not  uniformly,  it  has  been  held  that 
where  the  duty  of  control  over  the  streets  is  imposed 
upon  a  municipal  corporation,  there  is  an  implied  liability  arising  from 
default  in  the  performance  of  such  duty. ' ' 

Mayor  and  Counc.  Wil.  vs.  Ewing,  2  Penn.  66  at  100.  (yr.  1899) 

This  liability  arises  from  duty,  because  of  control  of  the  streets,  and 
not  from  any  implied  contract. 

' '  Such  liability  *  *  never  arises  from  any  implied  contract  be- 
tween the  city  and  the  persons  injured,  but,  in  the  absence  of  statutory 
exemption,  it  is  implied  by  law  from  the  duty  imposed  by  law  upon  the 
city."   id  105. 


Repairs  of 
footway. 


CITY    CHARTER.  123 

Sec.  120.  («)    The  owner  of  anv  oroimcl  may  pave  his,  her,  owners  may 

^    '  ".  .  '  pave  their 

or  their  own  front  or  fronts,  provided  it  be  completed  witliin  own  fronts, 
twenty  days  from  the  day  of  titting  the  cnrb  stone,  and  notice 
thereof  given  to  such  owner,  if  such  owner  reside  in  said  city, 
by  writing,  under  the  hand  of  said  commissioner,  served  per- 
sonally or  by  being  left  at  his  or  her  dwelling  house;  but  the 
curbstones  shall,  in  all  cases,  be  furnished  and  fixed  by  the 
said  commissioner. 

(a)    This  section  is  set  out  in  the  above  mentioned  Ewing  ease,  p.  97. 

This  provision  gives  the  property  owner  a  conditional  right  to 
"pave."  The  second  paragraph  of  Section  119  gives  tlie  Street  and 
Sewer  Dejiartment  the  option  to  ' '  repair ' '  as  explained.  The  second 
paragraph  of  Section  121  gives  the  Department  the  option  to  "pave  or 
repair,"  and  the  first  paragraph  of  Section  121  gives  the  Department  the 
power  to  ' '  compel  the  paving  and  repairing, ' '  &c.  The  language  in  re- 
gard to  the  placing  of  the  flufi/  is  not  so  clear  as  one  would  wish  it  to  be. 
The  Court  thought  as  follows: 

Spruance,  J.:  "The  Legislature  had  the  right  to  impose  on  the 
abutting  owner  the  duty  of  repairing  the  footways  in 
front  of  his  property,  and  considering  all  of  the  above  recited  provisions 
of  the  Charter  together,  it  is  by  no  means  certain  that  they  have  not  done 
so.  *  *  We  do  not,  however,  consider  it  necessary  in  this  case  to  de- 
termine whether  the  Legislature  has  imposed  ujaon  proj^erty  owners  the 
duty  of  repairing  the  adjacent  footways. ' '  Mayor  and  Council  vs. 
Ewing,  2  Penn.  66  at  105.  (yr.  1899)  A  statute,  (Sec.  121  of  the  Char- 
ter) exempting  the  city  from  liability,  conditionally,  was  the  reason  for 
not  deciding  where  this  duty  belonged.  (See  Sec.  121,  paragraph  3, 
"b.") 

Sec.  121.  («)     The  [Street  and  Sewer  Department]  shall  Act  of  April 
have  full  power  and  authority  to  compel  the  paving   [and  d-  l-  ss9. 
repairing]    of    footw^avs    between    the    curb-stone    and  the  ^    ^ 

^  ^-'  '  Footways 

building  line  in  front  of  lots  whereon  is  erected  any  dw^ell-  between 

'  curbstone 

ing-house,  office,  place  of  business,  railing,  fence,  stone  or  and  building 

.  .  line. 

brick  wall,  or  permanent  structure  of  any  kind,  also  in  front 
of  such  vacant  lots  as  in  their  discretion  should  be  paved  to 
the  full  breadth  as  aforesaid,  and  to  regulate  and  prescribe 
the  mode  of  paving  [or  repairing]  footways  and  the  material 
to  be  used  therein.  The  space  between  the  curb  and  build- 
ing lines  on  footways  where,  in  the  discretion  of  the  [Street 
and  Sewer  Department],  the  owner  may  not  be  obliged  to 
pave  to  a  greater  breadth  than  five  feet  from  the  curb-stone, 
shall  be  covered  with  gravel  to  the  depth  of  at  least  six 
inches  and  leveled  in  conformity  with  the  part  that  is  paved. 
Provided,  however,  that  any  person  owning  land  on  any  street  ^'■°'^*^°- 
who  may  desire  to  fix  curb-stones  in  front  of  their  property 


124 


CITY   CHARTER. 


ownere^^^  °^  ^"^^y  have  the  privilege  of  purchasing  and  fixing  the  same 
under  the  supervision  of  the  Street  Commissioner  upon  ap- 
plication to  the    [Street  and  Sewer  Department.]    and  the 

24?*i8*/9— 889.'  [Street  and  Sewer  Department]  may  grant  or  refuse  any 
such  application,  in  its  discretion. 

(a)   This  section  is  set  out  in  the  above  case,  ou  p.  97. 

Sewer  de-  [The  Street  and  Sewer  Department  may,  however,  at  its 

partment  .  ^  »  ?  ? 

^?;oi^^fy!^t°^  option,  pave  or  repair  («)  any  footway  of  the  city,  and  the  ex- 
pense of  paving  or  repairing  the  same  shall  be  assessed 
against  the  premises  fronting  on '  said  footway,  and  shall 
constitute  a  lien  against  such  premises. 

(a)    See  Sec.   119,  second  i^aragraph,  "c." 


repair  foot 
ways. 


Proviso. 


Method  of  The  method  of  assessment  and  such  proceedings  as  mav 

assessing  x  o  . 

damages.  be  had  thereon,  shall  be  the  same,  as  far  as  may  be,  as  now 
^A^^  -,%{n^^^\^l  provided  by  law  in  regard  to  paving  and  curbing  footways 
D.  L.  8S9.  in  Section  119  of  this  act.  The  owner  («)  of  any  premises  front- 
^.^?po"si-  ing  upon  any  footways,  shall  be  solely  responsible  for  any 
damages.  damage  that  may  result  to  persons  or  property  by  reason  of 
any  hole,  excavation  or  obstruction  in  or  upon  such  foot- 
ways, or  from  any  defective  condition  of  such  footways;  pro- 
vided however,  that  such  hole,  excavation  or  obstruction  or 
other  defective  condition  of  the  footways  aforesaid  is  not 
caused  by  the  qMx  or  any  of  its  authorized  agents.]   (^) 

(a)  A  person  stepped  into  a  broken  gutter  plate  on  a  sidewalk  and 
was  injured.  The  city  was  sued  and  damages  recovered.  The  case  was 
taken  to  the  Supreme  Courfe,  and  reversed  in  favor  of  the  city  on  the 
ground  that  the  above  section,  exempting  the  city  from  liability,  was 
valid. 

Spruance,  J.:  "The  sole  question  necessary  now  to  be  considered,  is, 
whether  that  part  of  the  said  amendment  which  pur- 
ports to  relieve  the  city  from  liability  for  damages  resulting  from  the- de- 
fective condition  of  footways,  except  such  as  are  caused  by  the  city  or 
any  of  its  authorized  agents,  is  constitutional  and  valid.  (100)  From  con- 
siderations of  i>ublic  jiolicy,  as  to  the  sufficiency  of  which  we  have  no  right 
to  determine,  the  Legislature  has  by  an  amendment  of  the  Charter  of  the 
City  of  Wilmington,  limited  the  liability  of  the  city  to  cases  of  defective 
condition  of  footways  "caused  by  the  city  or  any  of  its  aulhorized 
agents, ' '  and  we  hold  that  the  said  limitation  was  within  the  power  of  the 
Legislature,"  and  "that  the  said  amendment,  so  far  as  this  case  is  con- 
cerned, is  constitutional  and  valid. ' '  Mayor  and  Council  vs.  Ewing,  2 
Penn.   66  at   106.    (yr.   1899) 

This  case  overrules  the  case  of  Seward  vs.  Wil.  2  Marv.  189.  (yr. 
1896) 

This   exemption   extends   only  to   the   ' '  footways, ' '   not   the   streets. 


CITY   CHARTER.  125 

The  Court  did  not  decide  whether  or  not  the  property  owner  was  liable. 

Spruance,  J.:     "We  do  not     *     *     consider  it  necessary  in  this  case 

to    determine        *     *     whether    that    part    of    said 

amendment  which  purports  to  make  such  owners  responsible  for  damages 

resulting  from  the  defective  condition  of  such  f ootwavs  is  constitutional. ' ' 

id.   105. 

The  question  of  the  property  owner 's  liability  came  up  in  the  case 
below  mentioned.  The  declaration  contained  an  allegation  that  it  was 
the  ' '  duty ' '  of  the  property  owner  to  repair  and  keep  his  sidewalk  in  a 
reasonably  safe  condition.  Upon  demurrer  and  joinder,  the  Court  decided 
that  there  was  no  duty,  (and,  therefore,  no  liability)  on  the  part  of  the 
proi^erty  owner  to  ' '  repair ' '  his  sidewalk  until  he  had  first  been  notified 
by  the  Street  and  Sewer  Department  to  do  so,  under  Sec.  121  of  the  Char- 
ter. As  the  declaration  had  no  allegation  to  the  above  effect,  the  Court 
sustained  the  demurrer. 

Fleith  vs.  Cunningham,  (yr.  1908)  imreported.  Cont.  Dock.  I  (2) 
p.  516. 

The  Ewing  case  decided  the  city  was  not  liable  unless  it  could  be 
shown  that  the  defective  condition  of  the  sidewalk  was  caused  by  the  city 
or  some  of  its  authorized  agents,  and  the  Fleith  case  has  decided  the 
proj^erty  owner  is  not  liable,  at  least,  until,  and  unless  the  owner  has  first 
been  notified  by  the  above  Department  to  repair  his  sidewalk,  and  he  neg- 
lects, for  a  reasonable  time  thereafter,  to  do  so. 

(See  Sec.  120  "a"  where  the  nature  and  extent  of  the  "duty"  are 
shown.) 

(b)  To  make  the  city  liable  the  work  must  have  been  done  by  "the 
city  or  any  of  its  authorized  agents. "  "  Authorized  agents ' '  mean,  not 
only  those  in  the  city's  employ,  but  those  authorized  by  the  city  (as  li- 
censed plumbers)  to  make  excavations  in  the  streets. 

Comegys,  C.  J.:  "It"  (the  city)  *  *  "authorizes  by  license, 
parties  not  in  its  employ  to  do  certain  things,  as 
for  example,  in  the  case  before  us,  to  open  the  public  streets, "  "  " 
and  '  *  it  may  employ  agents  for  such  purpose  *  "  it  is  the  duty  of  the 
city  to  see  to  the  work  the  same  as  if  it  were  being  done  by  its  own 
agents."  527.  And  if  it  does  not,  and  injury  results  through  the  negli- 
gence of  the  licensee  "then  the  defendant"  (city)  "is  liable  for  the 
plaintiff's  damages,  and  the  defendant''  (city)  "and  not  the  plaintiff, 
must  look  to  the  plumber  for  responsibilitj'. ' ' 

Anderson  &  Son  vs.  Mavor  and  Council  Wil.,  8  Houst.  516  at  528. 
(yr.   1889) 

As  already  stated  the  above  applies  only  to  the  * '  footways. ' ' 
The  city  is  liable,  as  heretofore,  as  to  the  ' '  street. ' ' 
The  law  as  to  general  liability  for  defective  streets,  is  as  follows: 
Comegys,  C.  J.:     "It  was  the  duty  of  the  city  to  keep  the  street  in 
a  safe  and  passable  condition.     *     *     It  was  not 
the  duty  of  the  plaintiff  to  be  searching  for  obstructions  or  holes  in  the 
street  as  he  was  walking  along  it,  but"  (he)  "had  a  right  to  assume  that 
the  street  was  in  a  reasonably  safe  and  passable  condition. ' ' 

Robinson  vs.  Mayor  and'Counc.  Wil.  8  Houst.  -109  at  41-1.  (yr.  1889) 
The  city's  liability  and  non-liability,  in  general,  may  be  stated, 
briefly,  as  follows:  It  is  not  an  insurer.  If  it  does  the  negligent  act 
itself,  it  is  liable.  If  another  does  it,  the  city  is  bound  to  know  of  it 
after  a  reasonable  length  of  time  (whether  it  ever  does  or  not,  is  imma- 
terial), and  if  it  does  not  then  repair,  &c.,  it  is  liable.  It  is  not  liable  for 
an  act  of  God,— washouts,  breakdowns,  &e.,  from  sudden  and  severe  storms 
until  after  notice  of  the  same,  actual  or  constructive,  and  neglect,  there- 
after, to  repair,  &c.  It  is  liable  for  work  done  in  an  improper  and  un- 
workmanlike manner  in  the  same  way  as  an  individual  would  be,  but  for 


126  CITY    CHARTER. 

acts  that  are  purely  judicial  or  discretionary,  such  as  deciding  upon  the 
height  and  grade  of  streets,  the  location,  size,  inlets  and  outlets  of  sew- 
ers, the  kind  of  materials  to  be  used  in  the  construction,  &c.,  of  the  work, 
the  city  is  not  liable. 

The  following  cases  may  be  useful  for  ready  reference: 

Eobinson  vs.  Wil.,  8  Houst.  409.   (yr.  1889)   hole  in  sidewalk. 

Wilkins  vs.  Wil.,  2  Marv.  132.   (yr."l895)  hole  in  street. 

Seward  vs.  Wil.,  2  Marv.  189.  (yr.  1896)  hole  in  street.  Act  of  God. 

Pierce  vs.  Wil.,  2  Marv.  306.   (yr.  1897)  hole  or  washout. 

Carswell's  Admr.  vs.  Wil.,  2  Marv.  360.  (yr.  1897)  hole  or  trench  in 
street. 

Wil.  vs.  Ewing,  2  Penn.  66.  (yr.  1899)  hole — open  gutter  plate. 

Anderson  vs.  Wil.,  6  Penn.  485.   (yr.  1907)  hole  or  washout. 

Kent  vs.  Wil.,  7  Houst.  397.  (yr.  1886)  trench  not  properly  filled  up. 
Schelich  vs.  Wil.,  1  Boyce  57.   (yr.  1909)   trench  not  properly  filled 
up;  act  of  God. 

Clark  vs.  Wil.,  5  Har.  243.  (yr.  1849)  flooding  cellar  by  raising 
grade. 

Anderson  &  Son  vs.  Wil.,  8  Houst.  516.  (yr.  1889)  flooding  cellar 
from  trench. 

Magarity  vs.  Wil.,  5  Houst.  530.  (yr.  1879)  flooding  cellar  by  chang- 
ing grade. 

Benson   vs.  Wil.,  9  Houst.  359.   (yr.  1893)   flooding  cellar,  &c. 

Harrigan  vs.  Wil.,  8  Houst.  140.   (yr.  1888)  overflow  from  sewer. 

Hession  vs.  Wil.,  1  Marv.  122.  (yr.  1893)  sewer  too  small;  cellar 
flooded.     Act  of  God. 

Wil.  vs.  Vandegrift,  1  Marv.  5.   (yr.  1893)   obstruction — sledding. 

Anderson  vs.  Wil.,  2  Penn.  28.  (yr.  1899)  obstruction — wire  across 
street   for  sick. 

Colbourn  vs.  Wil.,  4  Penn.  443.   (yr.  1903)   obstruction — fallen  wire. 

Jarrel  vs.  Wilmington.,  4  Penn.  454.  (yr.  1903)  obstruction — weak 
awning. 

Murphy  vs.  Wil.,  6  Houst.  108.  (yr.  1880)  diverting  water  course — 
Shipley  Eun. 

See  also, 

Fleith  vs.  Cunningham  (unreported),  (yr.  1908)  obstruction,  raised 
gutter  plate. 

Louth  vs.  Thonijison,  1  Penn.  157.  (vr.  1897)  open  cellar  door. 

Cook  vs.  Wil.  C.  By.,  9  Houst.  306  at  311.  (yr.  1892)  fallen  wire. 

Neal's  Admr.  vs.  W.  &  N.  C.  E.  By.,  3  Penn.  467  at  471.  (yr.  1902) 
fallen  wire. 

Downs  vs.  Coms.  Smyrna,  2  Penn.  132.  (yr.  1899)  mowing  machine 
in  street. 

Green  vs.  Newark,  5  Penn.  316.  (yr.  1905)  stone  in  street. 

Stidham  vs.  Del.  City,  6  Penn.  359.   (yr.  1907)  hole  in  street. 

Flanagan's  Admr.  vs.  Wil.,  4  Houst.  548.  (yr.  1873)  The  declara- 
tion was,  the  city  dug  the  hole ;  the  proof  was  the  city  did  not  do  it ;  a 
non-suit  was  granted. 

Higgins  vs.  Wil.,  3  Penn.  356.  (yr.  1902)  The  declaration  was,  one 
"jumped  otf;"  the  proof  was,  he  was  "hurled  or  thrown  off;"  a  non- 
suit  was  granted. 

McCoy  vs.  P.,  W.  &  B.  E.  E.  Co.,  5  Houst.  599.  (yr.  1879) 
Act  of  April  McAllister  vs.  Peoples  Ey.  Co.,  4  Penn.  272  at  277.  (yr.  1903) 

24,    1889.      18 

D.  L.  890.  Sec.  122.  («)    Upon  the  completion  of  any  paving  or  curb- 

ing as  aforesaid,  the  [Chief  Engineer  of  the  Surveying  Depart- 
ment] shall  give  to  the  owner  of  the  property  so  curbed  and 


CITY   CHARTER.  127 

paved,  a  certificate  that  it  has  been  done  according  to  the 
proper  ground  plan  (^)  and  regulation  of  the  city,  and  shall  de- 
liver a  duplicate  of  such  certificate  to  the  clerk  of  the  [Street  Certificate 
and  Sewer  Department] ,  who  shall  record  the  same  in  a  book 
to  be  kept  for  that  purpose,  and  carefully  file  and  preserve 
the  certificate ;  and  no  owner  of  property  to  whom  such  cer-  Liability  for 
tificate  is  thus  given  shall  be  liable  for  any  change  or  error  ^•"'"oi's- 
of  regulation,  or  subsequent  curbing  or  paving  of  the  same 
property  by  the   [Street    and    Sewer    Department  in  conse-^^t  qj  ^pj.^ 
queuce  of  such  change  or  error,  but  the  same  shall  be  de-  '^;  L.^^ggo  ^^ 
frayed  by  the  Street  and  Sewer  Department.] 

(a)  This  section  is  set  out,  in  substance,  in  the  Ewing  ease  (above) 
p.  98. 

(b)  See   Sec.   116,   "e"    as    to    the    importance    of    observing  the 
*  'plan  ' '  of  tlie  city. 

[It  shall  not  be  lawful  for  the  owner,  tenant  or  occupant  Privy-vauit 

'-  '  ^  or  cesspool. 

of  any  premises  fronting  on  any  street  having  sewer  accom-  ^^^  ^^  ^  j,.^ 
modations  to  excavate  or  dig  any  privy-vault  or  cesspool  in  24,  i8S9  is 
or  upon  such  premises,  or  to  permit  or  suffer  the  same  to  be 
dug  or  excavated  without  first  having  obtained  the  consent 
of  the  Street  and  Sewer  Department  therefor,  which  consent 
shall  be  expressed  upon  the  minutes  of  the  department  and 
shall  stipulate  that  any  such  privy-vault  or  cesspool  shall  be 
properly  connected  with  and  drained  by  means  of  such  sewer 
accommodations.  Any  owner,  tenant  or  occupant  of  any 
such  premises  who  shall  excavate  or  dig  or  cause  or  suffer 
to  be  excavated  or  dug  any  privy-vault  or  cesspool  contrary 
to  the  provisions  of  this  section  shall  forfeit  and  pay  for  each  Penalty. 
and  every  offense  the  sum  of  twenty -five  dollars  ($25)  and 
the  further  sum  of  ten  dollars  ($10)  for  each  and  every  day 
such  privy-vault  or  cesspool  is  permitted  to  exist.  The  pen- 
alties provided  for  in  this  section  shall  be  recoverable  before 
the  Municipal  Court  for  the  City  of  Wilmington  and  be  paid 
to  the  use  of  the  city.] 

Sec.  123.     The  City  Surveyors  and  Regulators  are  au-  f^^^y,  ^|?"" 
thorized  and  required  to  lay  out  proper  gutters,  channels  and  ^^l^'g^^^^J^^ 
conduits  for  carrying  off  the  waters  in  said  city. 

Sec.  121.    So  much  of  an  ordinance  of  the  freemen,  resi-  ^^^  ^^  ^.^_ 
dent  inhabitants  of  the  borough  of  Wilmington,  in  general  streeT""^^^^^ 
town  meeting  legally  called  and  met,  entitled  "An  ordinance 
to  establish  the  regulation  of  the  ascents  and  descents  of  the 


128 


CITY   CHARTER. 


See  3  D.   L. 
c.   70,   p.   160. 


Proviso. 
Widening  of 
footways. 
See  note  to 
Sec.    114, 
ante. 


Further 
proviso. 


Leasing  of 
wharves  or 
street   land- 
ings on  the 
Brandywine 
or  Chris- 
tiana.    See 
note   to   Sec, 
114,  ante. 

Proviso. 


streets,  lanes  and  alleys  within  the  borough  of  Wilmington, 
and  for  other  purposes,"  as  the  same  is  particularly  set  forth 
in  the  third  section  of  an  Act  of  the  General  Assembly  en- 
titled "An  Act  to  vacate  and  discontinue  the  street  called 
Water  street  in  the  borough  of  Wilmington,  from  Market 
street  westwardly  to  the  line  of  said  borough,  and  for  other 
purposes,"  passed  at  Dover,  January  24th,  1801,  as  provides 
for  the  width  of  footways  and  pavements,  the  depth  of  gutters, 
the  height  of  curbs,  and  the  extent  of  steps,  («)  porches, 
cellar-doors,  or  other  inlets  to  buildings  in  the  streets,  lanes 
or  alleys  of  the  said  city,  shall  be  and  the  same  is  hereby  de- 
clared to  be  of  force  for  the  said  several  purposes ;  provided, 
that  the  Mayor  and  Council  may  widen  the  footways  on  any 
or  all  the  streets  in  said  city,  on  the  application  in  writing  of 
the  owners  of  the  major  part  of  the  ground  fronting  on  said 
street  or  streets,  the  admeasurement  of  said  ground  to  be 
taken  in  feet  parallel  with  the  curb-stone;  provided  further, 
nevertheless,  that  Council  shall  have  power  in  its  own  discre- 
tion to  cause  the  pavements  or  footways  on  the  northerly 
side  of  Water  street,  or  any  other  part  thereof,  to  be  widen- 
ed to  any  breadth  not  exceeding,  in  the  whole,  twelve  feet. 

(a)  The  Street  and  Sewer  Department  passed  a  resolution  prohibit- 
ing the  erection  of  doorsteps  on  the  sidewalk  where  a  majority  of  the 
buildings  were  used  for  purj^oses  other  than  '  *  solely  as  places  of  resi- 
dences."  The  Court  held  the  resolution  invalid.  It  conflicted  with  the 
Charter  provision,  which  allows  steps  to  come  out  4  feet  from  the  build- 
ing line.  The  Act  of  Assembly  referred  to  in  this  section,  and  the  city 
ordinance  passed  in  pursuance  to  it,  allow  the  four  feet  mentioned. 

Mayor  and  Council  of  Wil.  vs.  Davis,  (yr.  1910)  Munic.  Court.  (De- 
cision final.) 

A  resolution  prohibiting  the  erection  of  porches  4  feet  from  the 
building  line  is  void. 

Mayor  and  Council  of  Wil.  vs.  McNabb.  (yr.  1906)  Munic.  Court. 
(Decision  final.) 

Lifts  may  be  built  in  the  sidewalk  if  they  do  not  come  out  more  than 
4  feet  from  the  building  line. 

Mayor  and  Council  of  Wil.  vs.  Jenny,  (yr.  1907)  Munic.  Court.  (De- 
cision final.) 

WHARVES.^ 

Sec.  125.  The  Council  («)  arehereby  declared  to  have,  and 
shall  have,  authority  in  their  discretion,  to  let  or  demise  for  any 
terms  of  years  not  exceeding  ten,  and  subject  to  such  rents  (*) 
and  reservations  as  they  may  deem  expedient,  the  landings  at 
the  ends  of  the  streets  terminating  upon  the  Brandywine 
creek  or  the  Christiana  creek ;  provided,  that  all  demises  here- 


1.     See  22  D.   L.   p.   5. 


CITY   CHARTER.  129 

tofore  made  by  the  Council  of  any  such  landing  as  aforesaid, 
or  permission  given  by  the  Council  for  making  such  improve- 
ments as  aforesaid,  are  hereby  confirmed  and  declared  to  be, 
and  the  same  shall  be,  valid  and  effectual  where  they  have  not 
expired  by  their  own  limitation  or  in  due  course. 

(a)  The  Council  looks  after  the  wharves,  but  the  right  belongs  to  the 
Street  and  Sewer  Department.  The  case  cited  below,  "b, "  affected  the 
rents  only. 

(b)  The  Street  and  Sewer  Department  collected  the  rents  till  the 
decision  of  the  Court  in  the  case  cited  below. 

Lore,  C.  J.:  "  *  also  a  third  suit  brought  by  the  same  plaintiffs 
against  the  said  Auditor  of  the  City  of  Wilmington, 
being  No.  220,  May  Term,  1900,  *  *  in  which  the  same  issue  was 
raised  in  regard  to  the  rents  collected  from  lessees  of  wharves  along  the 
river  front  at  the  ends  of  streets  owned  by  the  said  City  of  "Wilmington. 
*  *  After  a  very  full  2:)resentation  and  discussion  by  counsel  of  the  va- 
rious statutes  and  ordinances  bearing  on  the  questions  involved,  *  " 
judgment  was  rendered  in  favor  of  the  defendant, ' '  &c.,  that  is  ' '  The 
Mayor  and  Council. ' ' 

Street  and  Sewer  Department  vs.  Connell,  2  Penn.  571  at  572.  (yr. 
1900) 

(See  Sec.  31,  paragraph  five.) 

CITY   MAP. 

Sec.  126.  The  map  or  plan  («)  of  the  city  made  under  the  chapter  376, 

ft''--'  -^         ■  Volume  11. 

requirements  of  Section  28,  of  Chapter  376,  Vol.  11,  Delaware  Map  or  plan 

-1  1  T         11  o^  '^he  city 

Laws,  showing  all  the  streets,  squares,  lanes  and  public  alleys  regulating 
of  the  said  city,  with  their  several  dimensions,  ascents  and  de-  adopted, 
scents,  and  which,  upon  its  completion  and  approval  by  the 
Council,  was  required  to  be  signed  by  the  Mayor  and  Presi- 
dent of  the  Council,  sealed  with  the  corporate  seal,  and  de- 
posited and  kept  in  the  clerk's  office,  and  a  duplicate  of  which, 
in  like  manner  signed  and  sealed,  was  required  to  be  deposited 
and  kept  in  the  office  for  recording  deeds  in  and  for  New 
Castle  County,  and  which  map  and  the  duplicate  thereof  were 
by  the  said  act  made  public  records,  and  the  same,  or  an  office 
copy  thereof,  made  competent  evidence,  shall  be  deemed  and 
taken  to  be  the  true  map,  plan,  or  ground  plot  of  said  city; 
and  all  the  streets,  squares,  lanes  and  alleys  of  the  city  shall  be 
and  remain  as  they  shall  be  laid  down  upon  said  map,  with 
such  extensions  and  alterations  as  have  been  or  may  hereafter 
be  made  by  authority  of  the  laws  of  this  State,  [and  with  such 
extensions  and  alterations  ( ^ )  as  may  be  made  from  time  to  time  ^^^  iloi^^^^2 
by  the  board  of  directors  of  the  Street  and  Sewer  Department  ^-  l-  841. 


130 


CITY   CHARTER. 


dls°cen*fs  ^of *^  of  saicl  City  of  Wilmington.]     The. ascents  and  descents  of  all 
streets.  streets,  lanes  and  alleys  within  the  citv  shall  be  regulated  and 

See  note  to  '  *  *  . 

Sec.  114.  fixed  conformably  to  said  map  ;  but  the  Council  (<^)  may  by  ordi- 
nance (to  be  passed  by  a  vote  of  two-thirds  of  all  the  members 
thereof  for  the  time  being)  regulate  and  fix  the  ascents  and 
descents  of  all  streets,  lanes  and  alleys  within  the  said  city, 
the  ascents  and  descents  of  which  are  not  marked  and  laid 
down  on  the  aforesaid  map  or  plan. 

(a)  See  the  case  of  Clark  vs.  Citv  Wil.,  5  Har.  243.  (yr.  1849)  as  to 
the  map  or  j^lan. 

This  section  relates  to  two  things :  1st,  streets,  with  the  power  to 
extend,  widen  and  change  the  course  or  direction  of  the  same,  at  the  pleas- 
ure of  the  Street  and  Sewer  Department;  and  2nd,  the  grades  of  streets, 
with  power  to  change  the  same  by  a  two-thirds  vote  of  the  Street  and 
Sewer  Deimrtment,  when  within  the  city  limits,  and  not  on  the  map  or 
plan. 

(b)  Section  1  of  the  Street  and  Sewer  Act  gives  the  same  powers  as 
above  as  to  the  opening,  &c.,  of  streets,  with  an  amendment,  as  to  alter- 
ing the  course,  or  direction  of,  streets,  but  nothing  as  to  grades.  The 
case  below  shows  the  meaning  of  certain  words. 

Lore,  C.  J.:  "  The  Court  of  General  Sessions  of  the  Peace  and  Jail 
Delivery  *  *  shall  have  jurisdiction  to  lay  out  pub- 
lic roads,  and  to  change  or  vacate  the  same.  *  *  The  Court  decided 
that  *  *  the  word  ' '  change ' '  could  be  construed  to  mean  alter,  but 
that  the  language  of  Sec.  5  restricted  the  word  ' '  change "  *  *  to 
mean,  change  the  course  of.  While  there  was  authority  given  in  the 
statute  to  lay  out  a  new  road,  to  change  the  course  of  a  road  already  laid 
out,  or  to  vacate  a  road,  yet  there  was  no  jjower  given  therein  to  "widen" 
a  road. ' ' 

In  re  Petition  Alston,  et  al.  1  Penn.  359  at  360.  (yr.  1898) 

(c)  The  Street  and  Sewer  Department  now. 


STEAM-POWER  OR  HEATING  PIPES  UNDER  STREETS. 

See  note  to  Sec.  127.     Ill  case  of  the  introduction  into,  through,  un- 

Sec.   114.  7.-7 

ante.  der.  or  along  the  streets  of  the  citv,  with  the  consent  of  the 

steam-power  o  ^  ? 

or  heating-    Council,  («)  of  steaiii-power  or  heating  pipes,  or  underground 

pipes,  etc.  •  ^  o  X    X      , 

telegraph,  telephone  of  electric-light  wires,  the  Council  shall 
require,  before  such  work  shall  commence,  payment  into  the 
treasurj^  of  the  city  as  a  guarantee,  or  some  other  satisfactory 
security,  that  the  streets  shall  not  be  unnecessarily  torn  up  or 
obstructed,  or  kept  or  left  out  of  repair,  or  travel  unwarrant- 
ably impeded,  and  that  the  city  shall  be  indemnified  against 
City  may  re-  ^Qgg  ^q^]^  ^  sliall  further  require  a  bond,  (^)  with  the  personal 

quire  secur-  '  i  j  \    /  i 

ity  bond.        security    thereon,    to    "The    Mayor    and    Council    of    Wil- 

W^arrant  of  j  7  .' 

attorney.        mington, "  with  warrant  of  attorney  for  the  entering  judg- 
ment thereon,  in  such  sum  as  the  Council  may  deem  proper, 


CITY   CHARTER.  131 

conditioned  to  indemnify  and  save  harmless  any  and  all  per- 
sons, inhabitants  of  the  said  city,  their  persons,  goods,  chattels, 
lands  and  tenements  from  loss,  damage  or  expense,  from  or 
by  reason  of  the  introduction  into  the  streets  of  the  said  city 
of  such  steam-power  or  heating-pipes,  or  underground  tele- 
graph, telephone  or  electric-light  pipes,  which  bond  shall  be 
held  by  the  said  city  for  the  use  of  any  and  all  persons  who 
may  be  aggrieved  or  suffer  loss,  damage  or  expense  by  reason 
of  the  premises,  to  be  accorded  to  them  upon  petition  of  the 
person  aggrieved,  under  such  restrictions  as  the  Council  may 
impose ;  and  the  Council  may,  when  in  its  judgment,  the  pub- 
lic interests  may  so  require,  cause,  at  the  expense  of  the  par- 
ties laying  or  owning  the  same,  such  pipes  or  wires  to  be  re- 
moved in  whole  or  in  part,  or  impose  such  restrictions  upon 
the  use  thereof  as  it  may  think  fit  in  reference  to  the  public 
ijaterests. 

(a)  Wherever  the  word  "Council"  appears  in  the  section,  insert 
' '  The  Street  and  Sewer  Department. ' ' 

(b)  The  city  should  always  take  bonds  of  indemnity  and  take  care 
that  they  be  good. 

Comegys,  C.  J. :  The  city  ' '  oftentimes  authorizes  by  license,  parties 
not  in  its  employ,  to  do  certain  things  *  *  as  to 
open  the  public  streets,  *  *  and  connect  house  drains  *  *  with 
the  public  mains  in  the  street  taking  from  them  *  *  indemnity  to  pro- 
tect the  city  from  suits,  *  *  but  that"  (indemnity  bonds)  "does  not 
relieve  it  as  to  the  citizen  of  such  public  duty. ' ' 

Anderson  &  Son  vs.  Mayor  and  Council  of  Wil.,  8  Houst.  516  at 
526-7.   (yr.  1889) 

STREET  RAILWAYS. 

Sec.  128.    The  Council  («)  of  AVilmington  shall,  by  a  two- 

'      •/  street   rail- 

thirds  vote  of  all  the  members  thereof,  have  power  and  author-  way  tracks 

.,         ,  ,.  ,        .  •  n         -1  T  authorized. 

ity,   by  ordinance,  to  authorize  the  construction  of  railroad  see  note  to 

Sbc.   114 

tracks,  for  the  use  of  cars  propelled  either  by  steam  or  horse- ante, 
power  (^)  for  the  purpose  of  affording  business  or  manufactur- 
ing establishments  within  said  city  greater  facilities  for  the 
shipment  and  receipt  of  freight  on  any  of  the  streets,  of  said 
city ;  and  in  like  manner  may  authorize  such  alteration  in  the 
grade  (c)  of  any  street  as  may  be  necessary  for  the  proper  con- 
struction and  maintenance  of  such  railway,  and  may  further 
provide,  in  like  manner,  that  any  owner  of  land  fronting  upon 
such  railway  may  construct  a  convenient  siding  or  turnout  into 


132 


CITY   CHARTER. 


Proviso. 
Expense. 

How  borne. 


Further  pro- 
viso.    Rail- 
way connec- 
tion. 


Remedy  at 
law. 


and  upon  his  premises;  provided,  however,  that  all  expense  of 
construction,  grading,  paving,  keeping  in  repair,  and  removing 
such  railway  tracks  or  siding,  shall  be  paid  by  the  person  or 
persons,  firms  or  corporations  for  whose  use  or  benefit  the  same 
shall  be  so  constructed  or  thereafter  used;  and  provided  fur- 
ther, that  nothing  herein  contained  shall  authorize  the  connec- 
tion of  any  such  railway  track  with  the  track  or  tracks  of  any 
railway  company  without  an  agreement  in  writing  with  such 
railway  company,  and  when  any  connection  shall  be  so  made 
with  the  tracks  of  any  such  company,  no  other  or  greater  right 
shall  be  acquired  by  the  parties  interested  to  have  such  con- 
nection maintained  than  shall  be  expressly  stipulated  in  said 
agreement;  and  provided  furiJter,  that  nothing  herein  con- 
tained shall  be  taken  to  impair,  take  away  or  abridge  the  right 
of  any  person  aggrieved  by  such  action  or  license  to  his  rem- 
edy at  laAV  or  in  equity  for  any  such  grievance  or  impairment 
of  right  sustained  by  him  against  the  said  persons,  firms  or 
corporations. 

(a)   The  Street  and  Sewer  Department,  now. 

(h)  This  says  "steam  or  horse  power."  As  to  the  law  where  the 
motive  power  is  specifically  named,  see  the  case  of 

Wil.  C.  Ey.  Co.  vs.  Wil.  &  B.  S.  Ey.  Co.,  8  Del.  Ch.  468  at  513.  (yr. 
1900) 

(c)  For  a  specific  purj^ose  the  power  is  given  to  change  grades.  See 
Sec.  126,  generally. 


Council  may  Sec.  129.  The  Council  {(')  mav  bv  such  ordinances  provide 

regulate  .  .  "       " 

sidings.  and  establish  such  regulations  and  restrictions  as  it  may  deem 

See  note  to  .  .  -,   ,  .         . 

Sec.  114,  proper  tor  grading,  construction,  paving,  use  and  keeping  m 
repair  of  such  tracks  and  sidings ;  and  may  further  at  anj^ 
time  when,  in  its  judgment,  the  further  continuance  of  such 
tracks  are  subversive  or  destructive  of  the  rights  of  the  citi- 
zens to  the  full  and  proper  use  of  any  streets  as  common  and 
public  highways  for  their  convenience  as  means  of  passage 
and  modes  of  egress  and  regress  to  and  fro.  forthwith,  at  the 
proper  cost  and  charges  of  the  persons,  firms  or  corporations 
locating  the  said  railroad  tracks  or  sidings,  order  and  cause 

Removal  of    ^^g  entire  or  partial  removal  of  such  tracks  and  sidings. 

sidmgs.  '^  ^ 

(a)   The  Street  and  Sewer  Department,  now. 


CITY   CHARTER.  133 


PUMPS. 


Sec.  130.  The  Council  («)  shall  inquire  into  the  condition 
and  direct  the  repairs  of  the  several  pumps  and  wells,  within 

.     Supervision 

the  city ;  and  any  pump  or  well  which  remains  out  of  repair  of  pumps  and 
for  three  months  next  after  notice  given  by  direction  of  the 
Council  to  the  owner  or  owners  thereof,  shall  become  forfeited 
to  the  corporation,  to  be  held  as  its  property  and  maintained 
and  repaired  at  the  public  charge,  or  abandoned  at  its  discre- 
tion. 

(a)  The  Water  Department  has  full  charge,  now,  of  the  water  sup- 
ply. Pumps  and  wells  constituted  our  infant  water  works.  The  Act  of 
1799  gave  the  first  authority  to  keep  pumps  and  wells  at  the  public  charge 
for  "use  and  service  in  extinguishing  fires."  The  Act  of  1809  referred 
to  pumps  and  wells  for  supplying  good  and  wholesome  water,  &c.  See 
the  cases  of 

Coyle  vs.  Mclntyre,  7  Houst.  44  at  77.   (yr.  1884) 
Weldin  vs.  Wilmington,  3  Penn.  472  at  475.   (yr.  1902) 

PARTY   WALLS  AND  FENCES. 

Sec.  131.  The  City  Council  («)  shall,  from  time  to  time,  ap-  Appointment 

^    '  '  '^     of  survey- 

point  three  or  more  discreet  and  skillful  persons  to  be  Cityors  and 

^  .         .  regulators. 

Surveyors  and  Regulators,  (^)  w^ho,  upon  application  made  to 
them,  shall  enter  upon  any  lands  in  order  to  set  out  the  foun- 
dations (^)  and  regulate  the  walls  to  be  built  between  party  and  ^V^euiation 

,       ,  _         '■  "^  ot  party 

partv  within  the  said  city,  as  to  the  breadth  or  thickness  there-  yaiis  and 

,  foundations. 

of,  which  foundation  shall  be  laid  equally  upon  the  lands  of 

the  persons  between  w^honi  such  party  wall  is  to  be  made;  and 

the  first  builder  shall  be  reimbursed  one  moiety  of  the  charge 

of  such  party  wall,  or  for  so  much  thereof  as  the  next  louilder 

shall  have  occasion  to  make  use  of  before  such  next  builder  ^'|jj^|^j^p^^'^y_ 

shall  use  or  break  into  said  wall  (^)  and  the  charge  or  value  i^l^.^^^^"® 

thereof  shall  be  determined  by  the  said  regulators,  or  any  two 

of  them.     Either  party  may  appeal  to  the  Council  at  its  next  cu^^ouncii 

stated  meeting,  which  shall  finally  adjust  the  matter  and  make 

such  order  for  the  payment  of  costs  as  it  shall  deem  just. 

(a)'  These  men,  before  the  creation  of  the  various  Departments,  had 
charge  of  all  landed  matters.  The  Departments,  now,  can  appoint  their 
own  engineers  and  assistants.  The  Council  still  appoints  the  engineering 
force  of  the  City  Surveying  Department. 

(b)  By  the  Court:     "The  powers  conferred  on  the  city  regulators 

are  contained  in  the  Act  of  Assembly  of  June 
is,  1772.     It  is  the  power  to  regulate  streets  and  party  walls,     *     * 


184  CITY    CHARTER. 

sec.  8  provides  for  an  appeal  from  the  order  and  direction  of  the  regu- 
lators to  the  City  Council. ' ' 

Nivin  vs.  Stevens,  5  Har.  272  at  274-5.   (yr.  1850) 
Gilpin,  C.  J.:     "The  object  of  the  statute  referred  to  was  to  provide 
for  the  appointment  of  Surveyors  and  Regulators  in 
the  City  of  Wilmington  to  set    out    the    foundations,    prescribing  their 
depth  and  thickness,  and  to  regulate  the  walls,  their  breadth,  or  thickness 
according  to  the  height  and  dimensions  of  the  buildings  to  be  erected 
against  them,  and  the  uses  to  which  they  were  to  be  devoted,  between  per- 
sons owning  adjoining  lots,  and  that  the  foundation  of  the  walls  in  such 
cases,  should  be  laid  equally  on  the  lands  of  the  adjoining  owners,  the 
person  building  to  be  reimbursed  one-half  of  the  expense  of  such  party 
wall,  or  so  much  thereof  as  the  adjoining  lot  owner  should  have  occasion 
to  make  use  of  in  any  building  by  him  afterward  erected  adjoining  it, 
before  using  the  same,  the  expense  and  value  of  which  was  also  to  be  de- 
termined and  fixed  by  the  regulators  provided  for  in  the  act. ' ' 
Pierce  vs.  Lemon,  2  Houst.  519  at  521.   (yr.  1862) 

(c)  Gilpin,  C.  J.:  "  '  the  question  arises"  (if  the  wall  be  a  party 
wall)  ' '  if  the  defendant  had  the  right  to  build 
on  plaintiff's  foundation  without  first  complying  with  the  provisions  of 
the  Charter  of  Wilmington. ' '  503,  and  he  stated  if  the  wall  be  a  party 
wall,  that  one  has  ' '  no  right  to  build  on  it  without  first  having  the  value 
regulated,  and  paying  the  value,  &c." 

O 'Daniel  vs.  Baker's  Union,  4  Houst.  488  at  504.   (yr.  1873) 

This  power  is  confined  to  the  depth  and  thickness,  &c.,  of  founda- 
tion and  party  walls,  and  they  have  no  power  to  adjudge  questions  of  title 
between  lot  owners. 

Harrington,  Judge:  "This  new  power  claimed  for  the  city  regula- 
tors is  so  extensive  in  its  bearing  on  the  legal 
rights  of  property  holders  in  Wilmington  that  the  Court  will  be  extreme- 
ly cautious  before  they  recognize  it  to  exist,  and  would  require  the  grant 
of  such  power  by  the  Legislature  to  be  extremely  plain  and  positive. 
*  *  In  our  opinion  this  act  does  not  confer  the  power  which  is  claimed 
for  the  regulators  in  this  case,  of  deciding  the  legal  titles  of  the  parties 
in  a  disputed  line  of  i^roperty. ' ' 

Nivin  vs.  Stevens,  5  Har.  272  at  275.   (yr.  1850) 

{d)    Gilpin,  C.  J.:     "If  they  had  complied  with  the  statute,  they  had 
the  right  to  use  said  walls,  but  not   before  the 
value  thereof  had  been  assessed  by  the  regulators  and  the  same  had  been 
paid,  or  they  would  be  liable  to  a  penalty  of  fifty  dollars. ' ' 

O 'Daniel  vs.  Bakers'  Union,  4  Houst.  488  at  503.   (yr.  1873) 
But  if  an  adjoining  lot  owner  uses,  or  bricks,  into  a  party  wall  with- 
out paying  for  it,  an  action  will  not  lie  against  him  before  a  justice  of 
the  peace  for  compensation. 

Hawkins  d.  b.  a.  vs.  Mendenhall  p.  b.  r.,  3  Houst.  216.  (yr.  1865) 
One  who  has  built  a  party  or   division  wall,    (the  same  being  41/2 
inches  on  the  lot  of  the  adjoining  owner)  niay  ojaen  windows  in  the  wall. 
The  other  adjoining  owner  may  close  them  with  blinds,  or  in  any  other 
way  he  desires. 

Pierce  vs.  Lemon,  2  Houst.  519  at  521-2.  (yr.  1862) 
On  the  question  of  ancient  lights,  regardless  of  party  wall  windows, 
see  the   cases   of 

Clawson  vs.  Primrose,  4  Del.  Ch.  643  at  652.  (yr.  1873)  (holding  the 
doctrine  to  be  in  force  in  Delaware)   and 

Hulley  vs.  Sec.  T.  &  S.  Dep.  Co.,  5  Del.  Ch.  578  at  586-7.  (yr.  1885) 
practically  overruling  it,  though  the  Chancellor  was  not  required  to  do  so 
because  of  the  conflicting  character  of  the  evidence  as  to  the  shutting  out 


CITY   CHARTER.  135 

of  light.     The  Chancellor  said  he  would  neither  affirm  it  nor  overrule  it. 

As  to  the  question  of  lateral  support,  in  the  case  below,  the  Court, 
Comegys,  C.  J.,  laid  down  the  law  as  follows:  If  one  di^  on  his  ground, 
and  the  earth  of  the  adjoining  owner  fall  or  cave  in  be- 
cause of  its  own  natural  weight,  the  person  digging  must  give  it  lateral 
support,  or  he  will  be  liable  in  damages;  if  the  earth  cave  in  because  of 
an  artificial  weight,  (such  as  a  house)  on  it,  the  person  digging  is  not 
liable. 

Stimmel  vs.  Brown,  7  Houst.  219  at  223.   (yr.  188.5) 

Sec.  132.    If  any  person  shall  besin  or  lav  the  foundation 

ii-iT.^  c'-T  •     Penalty  for 

01  any  party  wall  or  other  bmldmg,  as  aforesaid,  except  m  violation. 
conformity  to  the  provisions  of  the  foregoing  section,  every 
such  person,  as  well  employer  as  master-builder,  shall,  for  such 
offense,  forfeit  and  pay  a  fine  of  fifty  dollars.  («) 
(a)   See  Sec.  131,  note  "d,"  second  paragraph. 

Sec.  133.  The  City  Surveyors  and  Eegulators  (")  or  any  Regulation 
two  of  them,  shall  regulate  all  partition  fences  (^)  within  said  fences. '  '°" 
city ;  sitch  fences  shall  be  made  in  the  manner  generally  used 
and  kept  in  good  repair  at  the  equal  expense  of  the  parties,  to 
be  recoverable  in  the  Municipal  Court  {^)  as  debts  of  like, 
amount  are  recoverable  before  a  justice  of  the  peace ;  provided, 
that  the  costs  of  making  the  same  do  not  exceed  twenty-five 
dollars  for  every  hundred  feet  in  length,  and  so  in  proportion, 
unless  the  owners  or  possessors,  between  whom  such  fence  is 
erected,  otherwise  agree. 

(a)   See  note  "a,"  Sec.  131. 

(&)  As  to  the  property  or  ownership  of  a  fence,  torn  down,  the 
Court  said : 

Lore,  C.  J.:  "If  the  fence  which  was  torn  down  and  removed  was 
a  partition  fence  between  the  land  of  these  two  adjoin- 
ing owners,  it  is  presumed  to  be  the  common  property  of  both  unless  the 
contrary  is  shown.  If  it  is  proved  to  have  been  originally  built  upon 
the  land  of  one  of  them,  it  is  his ;  but  if  it  were  built  equally  upon  the 
land  of  both,  though  at  their  joint  expense,  each  is  the  owner  in  sev- 
eralty, of  the  part  standing  on  his  land. ' ' 

Quillen  vs.  Betts,  1  Penn.  53  at  59.   (yr.  1897) 

(c)  The  old  Mayor's  Court  established  under  the  Constitution  of 
1831,  had  jurisdiction  of  civil  as  well  as  criminal  matters,  and  the  Act  of 
1883,  creating  the  Municipal  Court  (Sec.  15)  gives  it  jurisdiction  to  try 
and  determine  offenses  against  the  laws  of  tlw  city. 

By  the  Court:  "  *  the  law  of  1832,  which  gives  the  city  court 
jurisdiction  in  all  cases  of  assumpsit,  debt,  covenant, 
trover,  replevin  and  trespass, ' '  &:c. 

Nivin  vs.  Stevens,  5  Har.  272  at  275.   (yr.  1850) 


136  CITY   CHARTER. 

DRAINAGE.^ 

Sec.  134.     The  Council  shall  have  the  entire  iurisdietion 

City  dram- 
age,  and  control,  withm  the  limits  of  said  city,  of  the  drainage  («) 

thereof,  and  may  pass  ordinances  for  the  openine  of  gutters. 

Regulation.  .  ..  ..  „  &&  > 

drams  and  sewers  withm  the  limits  thereof,  and  the  regulating 
and  maintaining,  cleansing,  and  keeping  the  same  and  the 
natural  water  courses,  runs  and  rivulets  within  said  limits 
open,  clear  and  unobstructed,  and  for  that  purpose  may  au- 
thorize the  entiy  upon  private  (^)  land,  and  by  general  regula- 
tions prescribe  the  mode  in  which  they  shall  be  opened,  main- 
tained, cleansed,  and  kept  opened  and  unobstructed,  and  who 
shall  bear  the  expense  thereof,  and  may,  in  its  discretion,  as- 
borne  ^^^  ^®^^  *^®  costs  thereof  upon  the  persons  and  property,  real  and 
personal,  of  those  particularly  benefited  thereby,  or  of  those 
owning  or  holding  lands  through  or  along  which  said  sew^ers, 
^  drains  or  water  courses  shall  flow  or  pass,  and  prescribe  the 

mode  of  collection  thereof.  Provided,  that  nothing  herein  con- 
tained shall  be  construed  to  authorize  the  taking  of  private 
property  for  public  use  without  just  compensation.  [The 
^^1885.  "^1?^  jurisdiction  and  control  of  the  Council  as  herein  above  set 
D.  L.  884.  forth,  shall  extend  to  and  include  any  and  all  private  drains 
and  sewers  laid  or  to  be  laid  under  any  of  the  streets,  lanes  or 
highway's  of  the  City  of  Wilmington,  whether  by  individuals 
or  corporations  now,  or  that  may  hereafter  be  existing,  the 
rights,  powers,  privileges  and  franchises  of  which  shall  be  sub- 
ject to  the  provisions  and  regulations  in  this  section  contained 
and  of  any  ordinances  of  said  Council  passed  in  conformity 
thereto;  and  the  Council  may,  if  in  their  judgment  advisable, 
authorize  and  empower  any  corporation  or  association  of  in- 
dividuals to  drain  and  sewer  said  City  of  Wilmington,  grant- 
ing for  that  purpose  such  rights,  franchises,  privileges,  emolu- 
ments and  compensation  as  shall  be  proper,  and  may  pass  or- 
dinances confirming  and  regulating  the  same.] 

(a)   This  section  is  set  out  in  full   (and  also  the  ordinance  passed 


1.  EIntire  jurisdiction  and  control  of  the  sewers  and  drains  of  the  city- 
is  now  vested  in  the  Board  of  Directors  of  the  Street  and  Sewer  Depart- 
ment by  Act  entitled  "An  Act  in  relation  to  the  Streets  and  Sewers  of  the 
City  of  Wilmington,"  passed  April  20,  1887.  (Vol.  18,  ch.  188),  p.  224  of  this 
volume. 


CITY   CHARTER.  137 

pursuant  to  it)  in  the  case  of  Murphy  et  al  vs.  Wil.,  6  Houst.  at  131. 

(b)  The  Street  and  Sewer  Department,  which  now  has  charge  of  all 
the  matters  contained  in  this  section,  has  jurisdiction  from  ' '  building 
line  to  building  line, ' '  and  the  ' '  same  *  *  powers  *  *  as  are  now- 
held  and  exercised  by  "The  Council."  (Sees.  1  and  4  of  the  Street  and 
Sewer  Act).  This  would  seem  to  give  the  Department  the  power  this  sec- 
tion gave  '  *  The  Council, "  to  go  upon  private  property,  hack  of  the 
' '  building  line. ' ' 

Sec.  135.     The  City  Council  shall  also  have  the  right  to  council  may 

1  Ti  1  T.-j»  i?^i  J.1  enter  upon 

alter  and  change  the  course  or  direction  or  any  oi  the  natural  and  occupy 
water  courses,  («)  runs  or  rivulets  within  the  limits  of  said  city, 
and  for  that  purpose  to  enter  upon,  take  and  occupy  lands, 
tenements  and  hereditaments.  Before  any  property  or  ground 
shall  be  taken  or  occupied  for  such  purpose  the  owner  or  own- 
ers of  such  property  or  ground  shall  be  paid  or  tendered  such  Damages, 
damages  as  they  shall  be  respectively  entitled  to  receive,  which 
damages  shall  be  assessed,  paid,  or  tendered  in  the  same  man- 
ner as  in  the  case  of  the  taking  of  ground  or  property  for  ex- 
tending, widening,  la.ying  out,  or  opening  of  streets.  The  cost 
of  such  alteration  or  change  shall  be  estimated,  and  any  allot- 
ment, apportionment,  assessment,  or  division  of  any  portion 
thereof,  as  the  freeholders  may  deem  just  and  reasonable,  shall 
be  made  upon  and  among  the  persons,  properties,  interests 
and  estates  specially  benefited  by  such  alteration  or  change, 
and  collected  and  made  a  lien  in  the  mode  provided  in  the 
case  of  extending,  widening,  laying  out  or  opening  any  street, 
as  provided  for  in  this  act. 

(a)  The  city  is  not  liable  for  diverting  a  private  water  course  (Ship- 
ley Eun)  which  was  worthless  and  injurious  to  its  owners,  and  the  neigh- 
borhood through  which  it  passed,  especially  when  the  owners  stood  by  in 
silence  and  saw  it  done.  But  it  could  not  divert  a  natural  water  course, 
not  objectionable,  without  condemnation  and  compensation. 

Murphy  et  al  vs.  Wil.,  6  Houst.  108  at  132-3.  (yr.  1880)  ^ 

BOARD  OF  HEALTH. 

Sec.  136.    It  shall  be  the  duty  of  the  Mayor  of  said  city.  ^^l\^^^^^ 
and  he  is  hereby  authorized  and  directed,     *     *     *     on  the 
first  Thursday  in  ]\Iay,  [A.  D.  1898,  and  biennially  thereafter]  ^^*  i^/g^^^^'^go 
to  appoint  a  Board  of  Health  («)  for  said  city,  which  board  shall  ^-  l.  672. 
consist  of  the  Port  Physician,  two  other  physicians,  one  prac-  ^^^^  ^^^_ 
tical  plumber  and  one  general  business  man.     The  Chief  En-P<^sed. 
gineer  of  the  Surveying  Department  of  said  city  shall  be  ex- 


138 


CITY   CHARTER. 


Duty   of 
Secretary. 


Quorum. 
Vacancies. 


Officers.  officio  a  member  of  the  Board  of  Health  without  salary  as  such. 
[  *  *  ]  The  said  board  shall  appoint  its  own  president 
and  treasurer  from  among  its  members,  and  shall  have  power 
and  authority  to  appoint  two  executive  officers  for  the  term  of 
one  year  who  shall  be  vested  with  like  power  as  city  constables. 
The  secretary  of  the  board  shall  keep  the  minutes  of  the  meet- 
ings of  the  board,  and  shall  perform  all  such  duties  as  snail  be 
assigned  to  him  by  said  board.^  Three  members  shall  consti- 
tute a  quorum  to  do  business.  The  said  Mayor  shall  have 
power  to  fill  all  vacancies  in  said  board  occurring  by  death  or 
otherwise,  and  may  remove,  for  sufficient  cause,  any  member 
of  said  board  which  it  is  his  duty  to  appoint. 

(a)  Nicholson,  Ch.:  "Section  136  of  the  Charter  of  the  City  of 
Wilmington  provides  for  the  appointment  of  a 
Board  of  Health  for  the  City  of  Wilmington,  which  Board  shall  consist 
of  the  port  physician,  two  other  physicians,  one  practical  plumber  and 
one  general  business  man,  the  chief  engineer  of  the  Surveying  D^^part- 
ment  of  the  said  city,  being  ex  officio,  a  member  of  said  Board. ' ' 

Liebig  Mfg.  Co.'  vs.  Wales  et  al,  8  Del.  Ch.  26  at  34.  (yr.  1896) 

Sec.  137.  The  said  board  shall  be  invested  with  all  the 
powers  and  authority  which  the  Council  (/')  might  or  could  ex- 
ercise relative  to  the  object  of  their  institution,  and  with  all 
powers  and  authority  conferred  and  duties  enjoined  upon 
members  of  Boards  of  Health  by  the  laws  of  the  State,-  and 
by  the  ordinances  of  said  city,  for  the  preservation  of  the  pub- 
lic health  Avithin  said  city,  or  within  one  mile  thereof. 

(a)  The  phrase  "all  the  powers  and  authority  which  the  Council 
might  or  could  exercise,"  &c.,  does  not  confer  legislative  powers  upon 
the  Board  of  Health.  Sec.  31  of  the  Charter  gives  "The  Council"  the 
power  to  enact  ordinances  concerning  the  public  health,  but  this  power  is 
not  transferred  to  the  Board  of  Health  by  the  above  phrase. 

Mayor  and  Council  of  Wil.  vs.  Keed.  (yr.  1910)  Munic.  Court.  (De- 
cision final.) 

[See  brief  of  H.  H.  Ward,  Esq.,  in  the  case  of  Hartman  vs.  Wil.,  1 
Marv.  215  at  pp.  216-219   (yr.  1894)  to  the  same  effect.] 

Act  of  March  [The  said  Board  of  Health  shall  have  full  control  and 

25.     190(.       24  '- 

D.  L.  347.      management  of  the  City  Crematory  and  shall  make  and  award 


General 
powers. 


Power    re- 
specting nui- 
sances. 


1.  For  powers  conferred  upon  local  Boards  of  Health  see  Vol.   16.   p. 
346  as  amended  by  22  D.  L.  628. 

2.  Returns  of  deaths  to  be  made  to  the  Secretary  of  the  State  Board 
of  Health.     See  25  D.   L.   117. 


CITY   CHARTER.  139 

all  contracts  for  the  collection  and  disposal  of  the  garbage  and  Bo^ni^of^ 
offal  of  the  city,  and  shall  award  all  contracts  to  the  lowest  and  Health, 
best  bidder  in  the  manner  now  prescribed  by  ordinance.]  («) 
And  the  said  Board  of  Health  upon  complaint  that  a  nui- 
sance (^)  has  been  created,  erected  or  continued  and  is  con- 
tinued within  said  city,  or  within  one  mile  of  the  boundaries 
thereof,  w^hich  may  prove  injurious  to  the  health  of  the  in- 
habitants (^)  thereof,  shall  hear  and  determine  such  complaint, 
and,  if  necessary,  view  and  examine  (^0  the  matter  or  thing 
complained  of;  and  if  the  said  board  shall  adjudge  (^)  the 
place  or  thing  complained  of  to  be  a  nuisance  whereby  the 
health  of  the  inhabitants  of  said  city  is  or  may  be  injured,  the 
said  board  (/)  shall  give  directions  to  cleanse,  remove,  abate  or 
remedy  the  same  to  the  person  or  persons  causing  or  producing 
such  nuisance,  or  to  tlie  owner  or  owners,  agents,  tenants  or  oc- 
cupier  of   the   premisCvS   whereon   the   said   nuisance   exists ; 

*#*****:=*****  Repealed  by 

Sec.   2,  Act 
-,   .  n  ,1  i.      J.  i    of  March  25, 

and  it  the  person  or  persons,  owner  or  owners,  agents,  tenants  1907.     24  d. 

or  occupants  to  whom  such  direction  is  given  shall  not  observe 

and  fulfill  the  same  within  the  time  therein  prescribed  by  the 

said  board,  the  said  board  shall  have  power  to  order  the  said 

directions  to  be  carried  into  effect  {9)  by  some  oificer  of  the 

board  or  other  person  to  w^hom  the  service  may  be  committed, 

and  the  expenses  thereof  shall  be  paid  by  the  person  to  whom 

the  direction  was  originally  given ;  but  if  the  same  shall  not  be 

paid  by  said  person  on  demand,  the  same  shall  be  paid  by  the 

treasurer  of  the  board,  wdio  shall  have  the  right  to  recover  the 

same  with  interest  and  costs  from  the  person  w^ho  ought  to 

have  paid  the  same  as  aforesaid,  as  debts  of  like  amount  are  Act  of  Feb- 

^  ruary  25,  1897 

recoverable.     [And  if  the  expense  incurred  by  the  Board  oi  20  d.  l.  664. 
Health  in  making  the  aforesaid  connections  together  with  anvLien  of 

.  "    judgments 

other  expense  that  may  be  incurred   by   the    said   Board  or  obtained  by 
Health  in  the  abatement  of  anv  nuisance  be  not  paid  after  the  Health  in 

p    ■     -,  'f.     1  abatement  ol 

recovering  ot  judgment  thereof  then  the  same  shall  become  a  nuisance. 
lien  against  the  property  or  properties  on  which  said  work  has 
been  performed  and  shall  be  entered  in  a  book  to  be  kept  in 
the  Citv  Auditor's  office,  which  book  shall  be  known  as  a  lien 

'  .  Lien  book. 

book.    The  amount  of  said  hen  shall  bear  interest  at  the  rate 
of  six  per  cent,  from  the  date  of  said  entry ;  if,  however,  any 


140 


CITY    CHARTER. 


Deed. 


Application 
of  proceeds 


such  lien  or  part  of  such  lien  shall  remain  unpaid  at  the  end 
year^ lands  ^^  °^®  ^^^^^  after  the  date  of  entry  as  aforesaid,  it  shall  be  the 
may  be  sold,  cluty  of  the  Mayor  of  the  city  to  issue  his  warrant,  directed  to 
the  said  Board  of  Health  of  the  City  of  Wilmington,  com- 
manding them  to  levy  the  same,  with  interest  thereon  accrued 
and  all  cost  thereon,  upon  the  grounds  or  buildings  of  such 
owner  or  owners  as  aforesaid,  which  such  grounds  or  buildings 
or  any  part  thereof  shall  be  sold  by  the  said  Board  of  Health 
at  public  auction  after  thirty  days  notice  in  two  newspapers 
published  in  said  city,  and  a  deed  from  the  Mayor  and  Coun- 
cil of  Wilmington  shall  convey  to  the  purchaser  of  such 
grounds  or  buildings  as  full  and  complete  a  title  to  said  prem- 
ises, in  fee  simple  or  otherwise,  as  if  the  same  were  executed 
by  said  owner  thereof.  And  it  shall  be  the  duty  of  the  said 
Board  of  Health  out  of  the  purchase  money  of  the  said  prem- 
ises so  sold  as  aforesaid,  to  pay  all  costs  arising  from  said  pro- 
cess and  sale  to  the  parties  entitled  thereto  respectively  and 
to  retain  the  amount  of  such  lien  with  accrued  interest  there- 
on as  aforesaid.  The  residue  of  said  purchase  monej^  shall  )5e 
immediately  deposited  by  the  said  Board  of  Health  in  the 
Union  National  Bank  of  said  city  to  the  credit  of  the  owner  or 
owners  of  the  property  or  properties  so  sold. 

(a)  The  awarding  of  contracts  used  to  be  by  "The  Council."  When 
the  Board  awards  a  contract  it  is  the  Mayor  's  duty  to  sign,  and  affix  the 
corporate  seal  to  it.     His  duty  is  a  ministerial  one. 

McCormick  vs.  Fisher.  5  Penn.  273  at  276.  (yr.  1903)  (See  See.  7, 
"a"  of  the' Charter.) 

(b)  "Any  trade  or  business  carried  on  in  a  town,  or  populous  neigh- 
borhood, or  near  a  public  road  or  highway,  which  produces  noxious  or  of- 
fensive smells,  to  the  annoyance  of  the  neighborhood,  or  persons  travelling 
along  the  public  road,  is  a  common  nuisance,  and  is  indictable.  It  is  not 
necessary  that  the  smells  should  be  injurious  to  health.  It  is  sufficient,  if 
they  be  offensive  to  the  senses. ' ' 

State  vs.  Wetherall  &  Dunsey,  5  Har.  487.   (yr.  1854) 

State  vs.  Luce  et  al,  9  Houst.  396.  (yr.  1885),  quoting  the  above. 
(Fertilizer  from  fish.) 

Liebig  Mfg.  Co.  vs.  Wales  et  al,  8  Del.  Ch.  26.  (yr.  1896)  (Ferti- 
lizer.) 

The  Legislature,  only,  can  authorize  a  nuisance. 

"The  Town  Commissioners  of  an  incorporated  town  have  no  power 
to  legalize  a  nuisance,  unless  specially  authorized  so  to  do  by  an  Act  of 
the  Legislature. ' ' 

State  vs.  Luce  et  al,  9  Houst.  396.   (yr.  1885)    (Syllabus.) 

(c)  The  word  "inhabitants"  does  not  mean  all  the  people. 
Comegys,  C.  J.:     " When  with  reference  to  an  alleged  nuisance,  the 

people  or  citizens  of  a  neighborhood,  or  the  public 


CITY   CHARTER.  141 

» 
are  mentioned,  it  does  not  mean  all  the  people,  or  of  the  public,  but  only 
such  a  considerable  number  of  them  as  to  show  that  more  than  a  few 
merely    are    meant.     *     *     The    term  ' '  public ' '    does    not    mean  all  the 
people,  nor  most  of  the  people,  nor  very  many  of  the  people  of  a  place; 
but  so  many  of  them  as  contra-distinguishes  them  from  a  few.     *     *     No 
general  definition  can  be    given    to    denote    precisely    what  is  meant  by     • 
'  *  few "  or  "  many, ' '  nor  can  any  be  precisely  given  of  the  limits  ex- 
pressed by  the  term  "neighborhood."     "Few"  and  "many"  are  to  be 
considered  with  reference  to  the  surroundings     *     *     if  the  annoyance 
extended  to    those    generally    about    there"     (the    neighborhood),  "the 
owner  would  be  indictable,  although  in  point  of  fact  only  a  small  neigh- 
borhood of  the  town,  for  example  a  single  square,  where  there  were  many 
squares,  was  within  the  scope  of  the  foul  smells. ' ' 
State  vs.  Luce  (above)  p.  399. 

(d)  Nicholson,  Ch.:     "It  is  true     *     *     "that  the  Board  of  Health 

*  *  did  not  at  said  time  view  the  matter  or 
thing  complained  of . "  *  *  But  this  is  not  necessary  for  ' '  the  neces- 
sity of  a  view  of  the  thing  or  place  complained  of,  is  plainly  left  to  their 
discretion. ' ' 

Liebig  Mfg.  Co.  vs.  Wales  et  al,  8  Del.  Ch.  26  at  50.  (yr.  1896) 

(e)  The  Board's  decision  is  not  a  judgment  to  which  a  writ  of  cer- 
tiorari will  lie. 

Cullen,  J.:  "  The  result  of  the  action  of  the  Board  of  Health  is  not 
a  judgment  *  *  the  Board  of  Health  acts  upon  these 
matters  like  a  Grand  Jury,  for  instance,  when  there  is  a  charge  against 
a  person — on  one  side  of  the  matter.  *  *  (230).  Their  action  is  not 
a  legal  judgment  such  as  is  contemplated  under  the  law,  to  which  a  cer- 
tiorari at  common  law  may  issue."   (See  paragraph  4,  "a,"  below). 

Hartman  vs.  Wil.,  1  Marv.  215  at  231.  (yr.  1894) 

(/)  This  says  the  "said  Board"  shall  give  directions,  &c.  It  should 
be  by  the  Board. 

Lore,  C.  J.:  "It  is  not  set  forth  in  the  record  of  the  Justice  that 
the  party  who  made  the  complaint  was  a  member  of 
the  Board  of  Health  *  *  authorized  to  act  for  said  Board.  The 
judgment  is     *     *     reversed  in  that  ground. ' ' 

Johnson  vs.  State,  2  Marv.  372  at  373.   (yr.  1895) 

(A  person,  in  the  above  case,  made  a  complaint  before  a  Justice  of 
the  Peace.  He  was  not  a  member  of  the  Board  of  Health  authorized  to 
act  for  the  Board.) 

(g)  If  the  Board  decides  to  abate  a  nuisance,  an  injunction  will  not, 
as  a  general  rule,  be  granted  to  stop  the  Board. 

Nicholson,  Ch.:  "A  patient  examination  of  the  whole  course  of  de- 
cisions *  *  has  left  me  in  no  doubt  that  a 
Court  of  Equity  *  *  will  decline  to  restrain  the  proposed  action ' ' 
(abate  the  nuisance),  "unless  it  is  made  to  appear  clearly  that  it  has 
acted  wantonly  and  in  bad  faith  or  has  exceeded  its  jurisdiction. ' ' 

Liebig  Mfg.  Co.  vs.  Wales  et  al,  8  Del.  Ch.  26  ait  40.  (yr.  1896) 

That  in  all  cases  wliere  complaint  has  been  made  in  re- 
spect to  privy  wells  it  shall  be  the  duty  of  the  Board  of  Health  ^''^'^  ^«"s- 
for  such  district  in  which  said  nuisance  exists  to  have  said 
privy  wells  thoroughly  cleaned  to  the  bottom  within  ten  days 
of  receipt  of  such   complaint   being  made   to   said   Board  of 


142 


CITY   CHARTER. 


Duty   of 

executive 

officer. 


Health,  and  it  shall  be  the  duty  of  the  executive  officer  having 
the  said  district  in  charge  to  see  to  it  that  the  work  is  done  in 
manner,  and  form  as  above  provided.  And  in  case  the  execu- 
tive officer  refuses  or  neglects  to  discharge  his  dutj'  as  pro- 
vided for  in  this  act  the  Board  of  Health  shall  at  once  dismiss 
him  from  his  office.! 


Refusal  to 
comply  with 
regulations 
of  Board. 

Penalties. 


Any  owner  or  owners,  agent,  tenant  or  occupant  of  the 
premises,  who  shall  fail,  neglect,  omit,  or  refuse  to  comply 
with,  the  directions  of  said  board,  as  aforesaid,  shall,  in  ad- 
dition to  the  penalties  above  mentioned,  forfeit  and  pay  a 
fine  of  not  less  than  one  dollar  nor  more  than  tw^enty  dollars 
for  every  such  offense,  to  be  recovered  in  the  Municipal 
Court  of  said  city  in  the  name  of  The  ]\Iayor  and  Council  of 
Wilmington,  and  in  default  of  the  payment  thereof  shall  be 
committed  to  jail  until  said  fine  and  costs  are  paid  or  other- 
wise discharged  by  la^v.  From  the  judgment  of  said  court 
in  such  cases  there  shall  be  no  appeal.  («) 

(a)  There  is  no  appeal,  and  we  have  shown  certiorari  will  not  lie. 
An  injunction  will  lie  when  the  Board  acts  in  gross  bad  faith,  (or  fraudu- 
lently), and  also  where  it  exceeds  its  jurisdiction;  and  in  either  case  the 
members  of  the  Board  will  be  individually  liable  in  damages,  that  is, 
when  they  act  fraudulently,  or  in  excess  of  their  jurisdiction. 

Ciillen,  J.:  " He  has  an  impartial,  full  and  complete  remedy.  *  * 
He  may  appeal  to  the  Chancellor  for  an  injunction  to 
stay  the  action,  and  commence  an  action  whereby  his  rights  may  be  de- 
termined by  proceedings  in  Chancery.  If  he  sees  fit  to  allow  the  matter 
to  go  on,  and  if  the  Board  of  Health  have  violated  the  powers  vested  in 
them  in  removing  the  matter,  then  they  become  personally  liable. ' ' 

Hartman  vs.  Wil.,  1  Marv.  215  at  231.  (yr.  1894) 

Nicholson,  Ch.:  "  *  the  adjudication  by  the  Board  of  the  fact  of 
a  nuisance  would  not  protect  it  as  would  the  judg- 
ment of  the  Court,  and  in  all  cases  it  would  act  at  its  peril.  *  *  And 
this  is  emphatically  stated  to  be  the  law,  in  the  opinion  of  the  Superior 
Court  of  this  State,  in  the  case  of  Hartman  vs.  Mayor  and  Council  of 
Wilmington,   1  Marvel  21.5." 

Liebig  Mfg.  Co.  vs.  Wales  et  al,  8  Del.  Ch.  26  at  39.  (yr.  1896) 

(Sec.  137  is  set  out  in  full  in  the  Liebig  case  on  p.  35.) 


^^^?L^^^^^}}  [Whenever  the  said  Board  of  Health  shall  deem  it  neces- 

Zo,     190/.        i4  '- 

D.  L.  364.       gary  for  the  preservation  of  the  public  health,  for  the  im- 
provement  of  the   sanitary   condition,    and   for   the   better 
Board  of        drainage  of  the  Citv  of  Wilmington,  that  anv  lot  or  parcel  of 

Health  may  '^  •  c         ?  .  x 

order  certain  land,  liousc,  building  or  structure  of  anv  kind  whatsoever, 

property  to  '  '  = 

be  connected  situate  in  the  Citv  of  Wilmington,  unconnected  with  a  sewer. 


with  sewers. 


should  be  connected  therewith,  the  said  Board  shall  have 


CITY   CHARTER.  143 

power  to  give  directions  to  the  owner  or  owners,  agent  or 
agents,  of  such  premises  that  the  same  shall  be  connected  by 
suitable  drains  with  a  public  or  private  sewer  within  thirty 
days  after  the  date  of  such  notice,  if  there  be  any  such  sewer 
to  which  said  premises  shall  or  may  have  access,  so  that  all 
the  sewerage  and    house    drainage    and    any  other  noxious 
drainage  whatsoever  and  all  stagnant,  offensive  or  unwhole- 
some water  shall  be  removed  from  said  premises.     If  such 
owner  or  owners,  agent  or  agents,  shall  neglect  or  refuse  to  ^^nel-^BoLd 
comply  ^vith  said  directions,  the  said  Board  of  Health  shall  ^^^'  propeny 
have  power  and  authority  to  cause  said  lot  or  parcel  of  land,  co^ts^tiiere- 
house,  or  building  or  structure  to  be  connected  with  such  °f- 
sewer  and  to  collect  the    cost   thereof   in   the  name  of  The 
Mayor  and  Council  of  Wilmington,  from  the  tenant  or  ten-  pi-o^egg  ^^ 
ants  of  such  lot  or  parcel  of  laud,  house,  building  or  struct-  collection. 
ure,  by  attaching  the  rents  due  to  said  owner  or  owners, 
agent  or  agents  from  such  tenant;  and  such  tenant,  upon 
making  payment  of  the  money  so  attached  shall  be  credited 
with  such  amount  on  account  of  the  rent  due  to  his  or  her 
landlord.    In  case  such  tenant  shall  neglect  or  refuse  to  pay  process 
the  amount  so  attached  within  sixty  days  after  attachment,  ant'"^*^  ^^^' 
such  amount  so  attached  shall  be  collected  from  such  tenant 
in  the  same  manner  as  is  now  provided  by  law  for  the  collec- 
tion of  rents  by  distraint  and    sale    of   goods   and  chattels. 
Should  the    o"\\Tier    or    owners    of   such   house,  building  or  against 
structure    reside    therein,   then   and   in   such  case,  the  said  o^'i^®'"- 
Board  shall  have  power  and  authority  to  collect  the  amount 
so  due  as  aforesaid  in  the  manner  in  this  Section  provided 
by  distraint  and  sale  of  goods  and  chattels.] 

Sec.  138.    Whenever  the  said  Board  of  Health  shall  de-  Further 

Ijowers  re- 

clare  any  street,  lane,  allev,  vacant  lot,  or  other  place  belong-  specting 

•^  '  '  "  '  '  J-  ^    nuisances. 

ing  to  the  City  of  Wilmington  to  be  a  nuisance,  injurious  to 
the  health  of  the  inhabitants  thereof,  the  said  board  shall 
have  power  to  notify  the  [Street  Commissioner]  of  said  city  ^ct^of^  April 
to  abate  and  remove  said  nuisance  within  such  time  as  said 
board  may  in  such  direction  designate.  If  said  [Street  Com- 
missioner] shall  neglect,  omit  or  refuse  to  comply  with  such 
directions    as    aforesaid,    the    Board    of    Health   shall    have 


144  CITY   CHARTER. 

power  and  authority  to  have  the  same  abated,  removed  or 
cleansed  by  snch  officer  or  person  as  said  board  may  appoint, 
and  the  cost  thereof,  being  approved  by  the  board  as  afore- 
said, shall  be  paid  by  the  Council  of  said  city  in  the  same 
manner  as  other  bills  are  paid  by  said  city,  and  the  bills  so 
paid  as  aforesaid  shall  by  said  Council  be  charged  to  the  ap- 
propriation for  cleaning  and  repairing  streets  of  said  city. 

Note.— Sees.  139,  140,  141,  142,  143,  144,  145,  146,  147 
were  the  charter  of  the  Board  of  Education  which  expired 
by  limitation  on  April  13.  1903.  For  an  act  to  provide  for 
the  organization  and  control  of  the  Public  Schools  of  the 
City  of  Wilmington  see  Act  of  April  6,  1905,  23  D.  L.,  140, 
page  419  of  this  vol. 

FINES,   FORFEITURES  AND  PENALTIES. 

Fines.   Their  Sec.  148.     All  fines  and  forfeitures  incurred  under  this 

enforcement         ,  t  t  j?        •  i      -^  i     n  ^    • 

and  disposal,  act,  or  under  any  ordinance  oi  said  city,  shall,  except  m  cases 
otherwise  provided  for  by  law,^  («)  be  enforced,  collected  and 
paid  into  the  city  treasury  for  the  use  of  the  corporation. 

(«)  The  clause,  "except  in  cases  otherwise  provided  for  by  law," 
means  not  only  laws  now  in  existence,  but  such  as  may  be  passed  in  the 
future. 

Lore,  C.  J.:  "  That  the  exception  applies  not  only  to  laws  then  in 
existence,  but  also  to  such  as  might  be  passed  there- 
after in  pursuance  thereof. ' ' 

Law  and  Order  Society  vs.  Mayor  and  Council  of  Wil.,  4  Penn.  366 
at  367.    (yr.   1903) 

An  act  passed  May  26,  1897,  gave  the  Law  and  Order  Society  one- 
half  of  all  fines,  &c.,  collected  where  conviction  was  secured  on  evidence 
furnished  by  it.  Persons  were  convicted  on  evidence  as  above  for  keep- 
ing disorderly  houses,  and  selling  liquor  without  a  license.  The  Court 
held  the  above  clause  did  not  bar  the  Society,  i.  e.,  the  Society  was  en- 
titled to  one-half  of  the  said  fines. 

copies  of  or-  Sec.  149.    The  printed  copies  of  the  ordinances  and  reso- 

etc.^"evf-'       lutions  of  the  Council  of  Wilmington,  whether  of  a  public  or 
dence.  private  nature,  published  by  authority  of  Council,  shall  be  ad- 

mitted as  evidence  («)  thereof  in  all  courts  and  all  occasions  ;^ 


1.     Law  and  Order  Society  shall  receive  one  half  of  fines,  penalties  and 
forfeitures  in  certain  cases.     See  p.  535  of  this  volume. 


CITY   CHARTER.  145 

and  in  pleading  it  shall  not  be  necessary  to  recite  or  draw  them 
out  at  large.  (^) 

(a)  In  the  case  below  cited,  the  Charter,  Laws  and  Ordinances  of  the 
city  had  not  been  formally  offered  in  evidence.  The  City  Solicitor 
started  to  read  from  them,  and  upon  objection,  the  Court  stopped  him. 

He  "contended  that  under  the  Charter  of  said  city,  Sec.  149,  such 
records  were  in  evidence."  p.   (361). 

Cullen,  J.:  "This  record"  (Charter,  Laws  and  Ordinances) 
' '  might  have  been  put  in  evidence  under  the  section 
you  read,  but  it  has  not  been  offered.  If  not  offered,  it  is  not  evidence. ' ' 
(361) 

Houston,  J.:  "A  matter  does  not  jump  in  evidence.  You  must  put 
it  in  evidence."   (36i) 

Benson  vs.  Mayor  and  Council  of  Wil.,  9  Houst.  359.   (yr.  1893) 

Ordinances  were  merely  offered  in  evidence  in 
McCaffrey  vs.  Thomas,  4  Penn.  437  at  438.   (yr.  1903) 
MacFeat's  Admr.  vs.  P.,  W.  &  B.  E.  E.  Co.,  5  Penn.  52  at  58.   (yr. 
1904) 

Ordinances  were  read  and  off'ered  in  evidence  in 

Giles  vs.  Diamond  State,  7  Houst.  453  at  454.   (yr.  1887) 

Flanagan's  Admr.  vs.  Wil.,  4  Houst.  548  at  553.   (yr.  1873) 

"In  an  action  for  damages  for  false  imprisonment,  the  secretary  of 
the  town  council  testified  that  a  certain  book  contained  the  ordinances  of 
the  said  town  as  regularly  adopted  at  a  meeting  of  the  Council. 

Held  that  the  ordinance  was  admissible,  and  that  it  was  not  incum- 
bent upon  the  defendant  to  show  that  the  ordinance  was  authorized  by 
the  act  of  incorporation  of  said  town. ' ' 

McCaffrey  vs.  Thomas,  4  Penn.  437.   (yr.  1903) 

(6)    Wolcott,   Ch.:      "     *    the   Act   of   Assembly   from   which   the" 

(city)      *     *     "derives   its   existence,    and   the 

ordinances   enacted   in   pursuance  thereof,   are   as  much  the  subjects   of 

legitimate  inquiry  as  if  they  were  literally  incorporated  in  the  pleadings 

before   us. ' ' 

Mayor  and  Council  of  Wil.  vs.  Vandegrift,  1  Marv.  5  at  12.  (yr. 
1893) 

In  the  case  below  cited  it  was  held  an  ordinance  did  not  have  to  be 
specifically  referred  to  in  the  pleadings. 

"We  offer  in  evidence  the  City  Ordinances,  See.  12,  p.  376,  in  refer- 
ence to  speed  of  trains  passing  through  the  city."  (58) 

' '  Objected  to  *  *  on  the  ground  that  in  order  to  introduce  in 
evidence  an  ordinance  of  a  municipality,  said  ordinance  should  be  iden- 
tified and  described  with  particularity  in  the  pleadings."    (58) 

Pennewill,  J.:     "We  think  the  Ordinance  admissible." 

MacFeat's  Admr.  vs.  P.,  W.  &  B.  E.  E.  Co.,  5  Penn.  52  at  58.  (yr. 
1904) 

Sec.  150.    Nothing  in  this  act  shall  be  construed  to  affect  Yfi'^^^ty  of 

'^  city  obliga- 

or  in  any  manner  impair  the  existing  provisions  of  law  relat-  t'O"^- 
ing  to  the  ' '  sinking  fund ' '  for  the  payment  of  the  city  debt  of 
Wilmington,  or  the  validity  of  any  existing  debt  or  security  of 
the  said  city  or  of  the  Board  of  Public  Education  in  Wilming- 
ton, or  the  existing  provisions  of  law  for  the  payment  thereof. 


146 


CITY   CHARTER. 


Repealing 
certain  acts. 


Expired. 


Sec.  151.  All  acts  or  parts  of  acts  inconsistent  with  or 
manifestly  superseded  and  supplied  by  the  provisions  of 
this  act  are  hereby  repealed.        ****** 


Sec.  152.  This  act  shall  be  deemed  and  taken  to  be  a  pub- 
lic act,  («)  and  shall  be  construed  most  favorably  for  the  cor- 
poration.  (^) 

(a)  Spruance,  J.:     "The  Courts  take  judicial  notice  of  the  general, 

public  statutes  of  this  State.  &c. "  134. 

' '  An  act  creating  a  municipal  corporation  is  such  a  statute. ' '  132. 

Downs  vs.  Corn's  of  Smyrna,  2  Penn.  132   (1899) 

The  Court  also  held  that  Sec.  6,  p.  791  Eev.  Code,  dispensing  with 
proof  of  the  incorporation  and  existence  of  a  corporation,  unless  a  denial 
thereof  appeared  in  an  affidavit  filed  for  that  purpose,  applied  to  munici- 
pal corporations. 

(b)  It  is  to  be  construed  most  favorably  for  the  corporation,  but, 
Saulshury,  Cli. :     ' '  Being  the  mere  creature  of  the  law,  it  possesses 

only  those  properties  which  the  Charter  of  its  crea- 
tion confers  upon  it,  either  expressly  or  as  incidental  to  its  very  exist- 
ence. ' ' 

Coyle  vs.  Mclntire,  7  Houst.  44  at  88.   (,^t.  1884) 


PART  III 


Acts 


OF    THE 


General  Assembly 


Acts  of  the  General  Assembly 

INCLUDING  THE  SESSION  OF  1909. 


CHAPTER  I. 


ACTS  SUPPLEMENTARY  TO  THE  CHARTER. 


Page 
Act    to    Authorize    the    Es- 
tablishment       of         Public 

Curb-stone    Markets    149 

Act  Empowering  the  Board 
of  Directors  of  the  Street 
and  Sewer  Department  to 
Adopt  Certain  Rules  In  Re- 
lation to   House   Drainage..      155 


Page 


Permit  for  Erection  or  Re- 
pair     of      Building      to      be 


Withheld 
are   Paid 


Until    All    Taxes 


156 


A  SUPPLEMENT  to  "An  Act  to  revise  and  consolidate  the 
Statutes  of  the  City  of  Wilmington,"  passed  at  Dover, 
April  13th,  1883. 

Section  1.    That  the  Council  of  Wilmington  be,  and  the  Sarke\s"lu- 
same  is  hereby  authorized  to  establish  within  the  city  afore- thoii^ed. 
said  public  curb-stone  markets  («)  upon  such  streets  as  the  said 
Council  may,  in  its  discretion,  deem  proper,  such  curb-stone 
markets  to  be  occupied  solely  by  farmers  and  truckers  whose 
principal  business  is  the  raising  of  farm  productions  or  truck, 
and  by  none  others.     Such  curb-stone  markets  shall  be  used 
by  such  farmers,   or  truckers,  exclusively,  for  the  sale  of  Exclusively 
fruit,  vegetables,  fowls  and  other  farm  products,  and  meats  and  t^-uckers. 
raised  or  fed  as  hereinafter  provided,  on  land  occupied  by 
such  farmers  or  truckers,  either  as  owners,  lessees  or  farm- 
ers upon  the  share.     The  said  Council  shall  have  the  power 


149 


150 


ACTS   OF   THE   GENERAL   ASSEMBLY. 


General 
regulation. 


S:  aces. 


Size. 


Plan. 


Conditions. 


Certificate. 


Fee  for  city. 


to  prescribe  the  times  of  the  holding  of  the  said  market,  and 
to  provide  for  the  general  regulation  of  the  same,  agreeably 
to  the  provisions  of  this  Act  of  General  Assembly.  Such 
curb-stone  markets  shall  be  known  as  the  farmers'  and  truck- 
ers' curb-stone  markets.  The  public  curb-stone  markets  now 
existing  on  King  and  Madison  streets,  in  the  said  City  of  Wil- 
mington, shall  be  deemed  and  taken  to  be  farmers'  and  truck- 
ers' curb-stone  markets  for  all  the  purposes  of  this  act. 

(a)    Tlie  definition  of  "curbstone  markets"  is  as  follows: 
Paynter,  J.:      "  The  market  embraces  that  portion  occupied  by  the 
buyers  as  well  as  the  sellers.     The  latter  could  only  oc- 
cupy three  feet,  while  the  purchasers  could  use  any  part  of  the  sidewalk, 
making  the  space  between  the  curbstone  and  the  building  line  the  entire 
market  for  both  sellers  and  purchasers. ' ' 
State  vs.  Wood.   (yr.  1888)   unreported. 

Sec.  2.  That  it  shall  be  the  duty  of  the  said  Council  dur- 
ing the  month  of  April.A.D.1885,tolay  off  and  allot  spaces  (/^) 
on  either  or  both  sides  of  the  streets  now  used,  or  hereafter 
to  be  used,  for  farmers'  and  truckers'  curb-stone  markets  in 
the  said  city ;  such  spaces  shall  not  exceed  eight  feet,  nor  be 
less  than  six  feet  in  length,  and  shall  be  marked  and  num- 
bered on  the  top  of  the  curb,  and  when  such  spaces  shall 
have  been  so  laid  off  and  numbered,  a  plan  thereof  shall  be 
made  and  filed  with  the  Clerk  of  the  Council,  and  the  same 
shall  be  a  public  record. 

(a)   The  allotment  of  spaces  has  no  bearing  upon  the  "market." 

Paynter,  J.:    " The  direction  in  the  second  section  of  the  act  for  the 

allotment  of  spaces  on  the  sidewalk  to  be  occupied  by 

the  farmers  described  in  the  act,  is  no  limitation  of  the  market  itself,  but 

a  regulation  merely  by  statute  of  the  space  to  be  assigned  to  each  of  them 

for  the  sale  of  his  articles. ' ' 

State  vs.  Wood.  (yr.  1888)  unreported. 

Sec.  3.  From  and  after  the  30th  day  of  April,  A.  D. 
1885,  the  said  spaces  shall  not  be  used  for  market  purposes 
until  the  following  conditions  are  complied  Avith,  viz:  The 
person  desiring  to  occupy  any  such  spaces,  shall  apply  to  the 
Clerk  of  the  Market  therefor,  and  if  the  same  has  not  been 
theretofore  awarded,  the  said  clerk  shall  issue  a  certificate  (^) 
permitting  such  person  to  occupy  such  space  for  one  year 
from  the  first  day  of  May,  A.  D.  1885,  upon  the  receipt  of 
two  dollars  for  the  use  of  the  city  (^)  and  the  further  payment 


ACTS  OP  THE  GENERAL  ASSEMBLY.  151 

of  twenty-five  cents  to  the  said  clerk.    The  person  to  whom  ^^^  ^^  ^^^^.j^ 
any  such  space  shall  be  so  allotted  shall,  in  addition,  pay  to 
the  City  Clerk  for  the  use  of  the  owner  of  the  property,  or 
properties,  in  front  of  which  such  space  shall  be,  the  sum  of 
thirty  cents,  if  demanded  by  said  owner,  or  owners,  for  each  property 
and  every  foot,  for  the  like  period  of  one  year  for  the  space  °,^^aifd^o^ 
so  allotted.     When  such  annual  sums  shall  have  been  paid  foot^j^front 
as  hereinbefore  prescribed,  the  person  paying  the  same  and  "^^^1^^ , 
receiving  the  certificate  aforesaid,  shall,  subject  to  all  the 
provisions  of  this  act,  and  to  such  other  rules  (<')  and  regula- 
tions as  the  said  Council  under  this  act  may  prescribe,  be  en- 
titled to  the  free  use  of  such  space  for  market  purposes  for  the 
period  of  one  year  from  the  first  day  of  May,  A.  D.  1885.   No  ^faifho?d 
person  shall  have  allotted  to  him  upon  any  street  now  or  ^°o  pfa^g's 
hereafter  used  as  such  market,  more  than  two  spaces  for  any  ""^ne^ear^* 
one  year,  and  such  spaces  shall  not  both  be  upon  the  same 
side  of  any  such  streets ;  and  the  certificate  hereinbefore  pro- 
vided to  be  given,  shall  have  plainly  expressed  upon  its  face, 
the  number  of  the  space  or  spaces  allotted ;  and  spaces  not  fo^ff^j-aV-^* 
allotted,  within  thirty  days  after  the  times  specified  for  such  tionai  terms. 
allotments,  may  be  let  for  fractional  terms  at  pro  rata  rates. 

(a)   This  certificate,  or  license,  uot  being  "dependent  upon  the  ex- 
tent of"  one's  "business,"  it  is  not  necessary  that  notice  be  given. 

Nicholson,   Ch.:      "In   such   cases,   the  Legislature     *     *     fixes  the 

amount,  and  that  is  the  end  of  the  matter." 
English  vs.  Mayor  and, Council  of  Wil.,  2  Marv.  63  at  92.  (yr.  1894) 

(&)    The  market  rents  belong  to  "The  Mayor  and  Council,"  and  not 
to  the  Street  and  Sewer  Department. 

Street  and  Sewer  Dept.  vs.  Connell,  2  Penn.  571  at  572.   (yr.  1900) 
(See  Sec.  80,  paragraph  "c,"  "a.") 

(c)   As  to  the  legal  meaning  of  "rules,"  see  the  case  of 
Morris  et  al  vs.  Pilot  Com's.,  7  Del.  Ch.  136.     (yr.  1894).     Sec.  76, 
"a"  of  the  Charter. 

Sec.  4.    It  shall  be  the  duty  of  the  Clerk  of  the  Market  Duty  of 

Clerk 

to  make  and  keep  in  a  book,  to  be  by  the  said  Council  pro- 
vided, an  accurate  record  of  all  spaces  allotted,  with  the 
name  of  the  person  and  the  time  for  which  such  person  is 
entitled  to  the  use  thereof.  All  the  space  allotted  under  the  spaces,  when 
provisions  of  Section  3  of  this  Act,  as  well  as  any  not  there- 
tofore allotted,  shall  be  reallotted  in  the  manner  provided 
for  in  the  said  last  mentioned  section,  in  the  Month  of  April, 


152 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


A.  D.  1886,  and  in  like  manner  annnallv  re-allotted  in  the 
said  month  of  April  in  each  and  every  year  thereafter,  and 
the  terms  for  which  such  allotment  shall  be  made  shall  be 
for  the  term  of  one  year  from  the  30th  day  of  April  in  each 
year. 


10,    1887. 
D.  L.  340 


18 


asto'saies^^  [Sec.  5.     That  110  person  shall  expose  for  sale  in  any 

of  meat.  farmers'  and  truckers'  curb-stone  market,  now  or  hereafter 
existing  within  the  limits  of  the  City  of  Wilmington,  any 
beef,  or  pork,  or  mutton,  unless  the  same  shall  have  been  fed 
upon  lands  occupied  by  such  person  for  a  period  of  at  least 
Act  of  March  ninety  days  before  slaughtering  the  same.  No  person  shall 
expose  for  sale  in  any  such  market,  any  veal  meat,  except 
such  be  the  product  of  such  person's  own  cows  upon  lands 
occupied  by  such  person.  («)  No  person  shall  expose  for  sale  in 
any  such  market  more  than  six  head  of  beef  cattle  in  any 
twelve  consecutive  months.  Whosoever  shall  offend  against 
the  provisions  of  this  section  shall  be  guilty  of  a  misdemean- 
or, and  upon  conviction  thereof,  by  the  Court  of  General  Ses- 
sions of  the  Peace  and  Jail  Delivery  for  the  County  of  New 
Castle,  shall  forfeit  and  pay  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars,  or  imprisoned  in  the  county 
jail  for  a  period  not  exceeding  thirty  days  or  both,  at  the 
discretion  of  the  court.] 

(a)  This  whole  Act  has  for  its  purpose,  that  farmers  shall  sell  their 
own  meat,  and  thereby  know  what  they  are  selling.  It  encourages  farm- 
ers to  go  into  the  business  of  farming  ' '  for  the  purpose  of  preparing ' ' 
meats  ' '  for  sale  or  market. ' '  In  1875,  a  farmer  was  prosecuted  under 
an  ordinance  for  farming  ''for  the  purpose  of  preparing"  meats  "for 
sale  or  market. "  If  he  did  it  as  "  incidental ' '  to  his  business  of  gen- 
eral farming,  he  did  not  violate  any  law,  but,  if  he  farmed  for  the  "pur- 
pose of, ' '  &c.,  he  broke  the  law.  It  is  needless  to  add  the  jury  acquitted 
the  farmer,  and  the  ordinance  that  was  intended  to  give  butchers  a 
monopoly  in  the  trade  was  repealed. 

Homewood  vs.  Wil.,  5  Houst.  123  at  126.  (yr.  1875) 
See  the  case  of  State  vs.  Rumpel,  Jr.,  2  Marv.  464.   (yr.  1889)  where 
it  was  held  that  a  butcher  who  killed  cattle  on  his  own  land,  and  sold 
the  same  to  his  customers  on  the  road  from  his  wagon,  was  not  required 
to  take  out  a  peddler  's  license  under  the  State  law. 


Penalty. 


befoi-e^sefr  [Sec.  6.    No  person  shall  expose  for  sale  in  any  farmers' 

ing  meats,     ^nd  truckers'  curb-stone  market,  now  or  hereafter  existing 

within  the  limits  of  the  City  of  Wilmington,  any  beef,  or 

pork,  or  mutton,  without  having  previously  taken  and  sub- 


ACTS  OF  THE   GENERAL  ASSEMBLY.  153 

scribed  an  oath  or  affirmation  before  the  City  Clerk  of  "Wil- 
mington that  he  is  a  farmer  or  trucker  (as  the  case  may  be)  ; 
that  he  will  not  expose  for  sale  in  any  farmers'  and  truckers' 
curb-stone  market  now  or  hereafter  existing  within  the  limits  f-^^  isst^^'  "I's 
of  the  City  of  Wilmington,  any  beef,  or  pork,  or  mutton,  un-^-  ^-  ^^'^• 
less  the  same  shall  liave  been  fed  upon  lands  occupied  by 
him,  for  a  period  of  at  least  ninety  days  before  slaughtering 
the  same,  nor  any  veal  meat,  except  such  be  the  product  of 
his  own  cows  upon  lands  occupied  by  him,  nor  more  than  six 
head  of  beef  cattle  in  any  twelve  consecutive  months.  The 
said  clerk  shall  thereupon  issue  to  such  farmer  or  trucker  a 
certificate  of  the  taking  of  such  oath  or  affirmation.  («)  The  said 
oath  or  affirmation,  and  a  record  of  the  issuing  of  the  certi-  fo^be^ssueci. 
ficate  as  aforesaid  shall  be  entered  in  a  book  kept  by  the  city 
clerk  for  that  purpose.  The  said  oath  or  affirmation  and  the  Pecm-ded?^ 
•certificate  so  given  as  aforesaid  shall  only  avail  the  person 
so  taking  and  receiving  the  same  up  to  the  thirtieth  day  of 
April  next  after  the  same  has  been  so  taken  and  received. 
Any  person  who  shall  expose  for  sale  to  any  person  in  any 
such  farmers'  and  truckers'  curb-stone  market,  beef,  or  pork. 
or  mutton,  except  as  heretofore  provided,  shall  be  deemed  to 
have  violated  this  act,  and  the  acts  to  which  this  is  an  amend- 
ment.] 

(a)   This  section  is  set  out  verbatim,  from  the  beginning  to  where 
the  note  is  made  (and  commented  upon)  in  the  case  of 

State  vs.  Wood,  above  mentioned.     See  Sec.  7  "  a  "  following. 

[Sec.  7.     Any  person  who  shall  expose  for  sale  in  any  violation. 
farmers'  and  truckers'  curb-stone  market,  now  or  hereafter 
existing  within  the  limits  of  the  City  of  Wilmington,  any 
beef,  or  pork,  or  mutton,  without  having  first  made  the  oath 

'  ^  '  '  •  T     1    f»       Act  of  Marcli 

or  affirmation,  and  obtained  the  certificate,  as  provided  tor  lo,  iss:.^  is 
by  Section  6  of  the  said  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  by  the  Court  of  Gen- 
eral Sessions  of  the  Peace  and  Jail  Delivery  for  the  County 
of  New  Castle,  shall  forfeit  and  pay  a  fine  of  not  less  than  Penalty. 
twenty  dollars  nor  more  than  fifty  dollars,  one-half  of  said 
fine  to  be  paid  into  the  city  treasury  and  one-half  to  the  in- 
former.] («)  Any  such  farmer  or  trucker  who  having  taken  the 
oath  or  affirmation  required  in  Section  6  of  this  act,  shall  sell 


154 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Penalty  for 
violation  of 
oath. 


in  such  farmers'  and  truckers'  curb-stone  market,  slaughter- 
ed beef,  or  pork,  or  sheep,  or  lamb,  or  calf  or  veal  meat,  other 
in  manner  or  quality  than  as  in  this  act  provided,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  there- 
of, shall  forfeit  and  pay  a  fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  one-half  thereof  to  go  to  the  city 
treasury  and  one-half  to  the  informer,  and  such  farmer  or 
trucker  so  offending  shall  be  deemed  to  have  committed  per- 
jury, and  upon  indictment  therefor  in  the  Court  of  General 
Sessions  of  the  Peace  and  Jail  Delivery,  the  record  of  his 
conviction  for  the  unlawful  selling  of  meats,  as  aforesaid, 
shall  be  conclusive  evidence  of  his  guilt  under  such  indict- 
ment. 

(a)  This  section  is  also  set  out  to  where  the  note  is  made  in  the 
case,  below  cited,  and  the  Court  said : 

Paynter,  J.:  "  The  defendant  in  this  case  did  not  take  such  oath  or 
.  affirmation,  and  did  not  obtain  such  certificate.  *  * 
The  defendant,  therefore,  in  selling  beef  from  his  stand,  shelf  or  table 
placed  upon  the  sidewalk,  or  the  space  between  the  building  line  and  the 
curbstone  *  *  without  having  made  the  affidavit,  and  without  having 
obtained  the  certificate     *     *     acted  in  violation  of ' '  the  law,  &c. 

State  vs.  Wood.   (yr.  1888)   unreported. 

(The  above  case  was  that  of  a  farmer  selling  meat  on  the  sidewalk 
from  an  alley  without  complying  with  the  above  law.) 


Hucksters'  Sec.  8.    In  addition  to  the  farmers'  and  truckers'  curb- 

™^'  ^  ■  stone  markets  hereinbefore  provided  for,  the  said  Council 

shall  have  power  to  establish  and  regulate  other  curb-stone 
markets  in  the  said  city,  viz :  A  curb-stone  market  for  hucks- 
ters, to  be  occupied  solely  by  persons  residing  in  said  city, 
who  have  taken  out  of  the  office  of  the  Clerk  of  the  Peace  a 
retailer's  license  for  selling  goods,  wares  and  merchandise, 
for  the  purpose  of  huckstering  and  none  others ;  a  curb-stone 
market   to   be   used   exclusively   for   the    sale    of   products 

New  Jersey  brought  from  the  State  of  New  Jersey  by  the  producers  of 
such  products  only ;  and  a  curb-stone  market  for  the  sale  of 

Fish  market,  fresh  fisli ;  sucli  markets  shall  be  kept  separate  and  distinct 
from  each  other,  and  from  the  farmers'  and  truckers'  curb- 
stone market.  No  other  curb-stone  markets,  than  provided 
for  in  this  act,  shall  exist  within  the  limits  of  the  City  of  Wil- 
mington. 


ACTS  OF   THE  GENERAL  ASSEMBLY.  155 

Sec.  9.  Upon  complaint  made  under  oath  to  any  justice  ^f  act!'°" 
of  the  peace,  or  to  the  City  Judge  of  the  City  of  Wilmington, 
that  an  offense  has  been  committed  against  any  of  the  pro- 
visions of  this  act,  a  warrant  shall  issue  for  the  arrest  of  the  Arrest, 
person  or  persons  so  charged  with  committing  the  same. 
Upon  the  arrest  of  any  person  or  persons  so  charged,  the 
justice,  or  the  City  Judge,  before  whom  he  or  they  bejjga,ring. 
brought,  shall  try  the  case  as  far  as  to  determine  whether 
such  person  or  persons  ought  to  be  discharged  or  bound  for 
his  or  their  appearance  at  court,  and  if  such  justice,  or  City 
Judge,  shall  consider  there  is  probable  ground  for  the  ac- 
cusation, he  shall  bind  such  person  or  persons  with  sufficient 
surety  for  his  or  their  appearance  at  the  next  Court  of  Gen- 
eral Sessions  of  the  Peace  and  Jail  Delivery  («)  for  the  County 
of  New  Castle,  and  if  such  person  or  persons  do  not  give 
such  surety,  he  shall  commit  him  or  them  for  trial. 

Sec.  10.    This  shall  be  deemed  and  taken  to  be  a  part  of 
the  constitution  of  the  said  City  of  Wilmington. 

Passed  at  Dover,  April  15th,  1885. 

(a)   The  Legislature  can  confer  such  criminal  jurisdiction,  if  it  de- 
sires,  upon   the   Superior   Court. 

Morrow  vs.  State,  2  Marv.  4  at  34.   (yr.  1895) 


A  8UPPLE3IENT  to  aii  Act  to  Revise  and  Consolidate  ^/(e^oPfg^as 
Statutes  relating  to  Wilmington,  passed  at  Dover,  April  c^lp.  220,  ^ 
13,  1883,  Amended.'  ^'°'- "• 

Section  1.     The  Board  of  Directors  of  the  Street  and  Board  d^ 
Sewer  Department  of  the  City  of  Wilmington,  to  provide  for  ^^^Pj^J'^Jf^. 
the  health  of  the  citizens  of  said  city  shall  have  power,  and  j^^J'^g^^^'^^'^f^- 
it  is  hereby  authorized  and  directed  to  adopt  and  promulgate  age. 
suitable  rules  («)  and  regulations  for  the  construction  of  house 
drainage  and  cesspools,  and  to  provide  for  the  registration 
of  plumbers  and  persons  engaged  in  the  plumbing  business 
in  said  city,  and  for  the  enforcement  of  such  rules  and  regu- 
lations ;  to  make  provision  for  the  punishment  of  persons  who 
shall  refuse  or  neglect  to  comply  with  the  same. 

(a)  See,  as  to  the  meaning  of  the  word  "rules,"  Sec.  76,  "a,"  of 
the  Charter,  and  the  case  of  Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  136. 
(yr.  1894) 


156 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Inspection.  §£0.  2.     The  saicl  Board  of  Directors  of  the  Street  and 

Sewer  Department  of  said  city,  shall  by  rules  and  regula- 
tions also  establish  a  system  of  inspection  and  supervision 
over  all  house  drainage  and  cesspools  and  ventilation  of  the 
same,  and  appoint  such  inspector  as  may  be  necessary,  at 
such  compensation  as  may  be  approved  by  said  Council,  and 

Proviso.  make  provision  for  payment  of  same.  Provided,  nevertheless, 
that  the  ordinances,  rules  and  regulations  of  the  Council  now 
in  force,  shall  remain  operative  and  binding  until  the  same 
are  changed  («)  in  whole  or  in  part  by  the  said  board  of  direc- 
tors of  the  street  and  sewer  department  of  said  city. 
Passed  April  25th,  1889. 
Amended  May  15th.  1891. 

(a)  The  ordinances,  to  be  valid,  must  be  changed  in  the  manner  pre- 
scribed by  the  Charter. 

Mayor  and  Council  of  Wil.  vs.  McXabb.  (yr.  1906)  Munic.  Ct.  De- 
cision final. 


Permit  for 
erection  or 
repair  of 
building  to 
tae  withlield 
until  all 
taxes  are 
paid. 


AN  ACT  to  amend  an  Act  entitled  "An  Act  to  Revise  and 
Consolidate  the  Statutes  relating  to  the  City  of  Wilming- 
ton," being  Chapter  207,  Volume  17,  Laws  of  Delaware, 
relative  to  the  collection  of  certain  taxes. 

Section  1.  That  "The  Mayor  and  Council  of  Wilming- 
ton" or  such  person  or  persons  as  they  may  by  ordinance 
designate  may  refuse  to  grant  any  permit  for  the  erection 
of  any  new  building  or  the  alteration,  repair  or  destruction 
of  any  building  until  it  be  shown,  to  their  satisfaction,  that 
all  taxes  are  fully  paid  upon  the  land  on  which  said  new 
building  is  proposed  to  be  erected  or  upon  the  land  and  the 
building  which  is  proposed  to  be  altered,  repaired,  or  de- 
stroyed. 

Approved  March  15.  A.  D.  1907. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  157 


CHAPTER  II. 

ACTS  RELATING  TO  CITY  OFFICERS. 

Page  -                                     Page 

Act    Regulating    the     Elec-  !  of    Meats     162 

tion,  Terms  of  Office,  and  5.  Act  Authorizing  the  House 
Salaries  of  Certain  City  Sergeant  to  Issue  War- 
Officials     157               rants    163 

Act    Authorizing    the     Fire  6.     Act  Authorizing  the   House 

Department     to     Elect     Its  Sergeant   to    Take    Bail....      164 

Chief     Engineer     and     As-  7.     An      Act     in      Relation      to 

sistants     158                Dressing      of      Sheep      and 


Act    Authorizing     the    Ap- 
pointment   of    Two    Detec- 


Lambs     164 

Act   Requiring    the    Plumb- 


tives    160  ing     I  nspector     to     Act     as 

4.     Act    Authorizing    the     Ap-  Gas   Inspector    165 

pointment   of   an    Inspector 

AN  ACT  relating  to  the  Government  of  the  City  of  ^yilrning-  _^^^ 
ton. 


L.  339. 


[Section  1.     That  at  the  third  stated  meeting  of  "  The  Amended  by 

A_ct  of  IVIay 

Council"  in  the  month  of  July.  A.  D.  1893,  and  at  the  stated  3.  1893.    19 

meeting  biennially  thereafter,  ''The  Council"  shall  proceed 

to  elect  by  ballot  a  City  Clerk,  who  shall  also  be  the  Clerk  of  cierk. 

Council ;  a  Bailiff  of  Council,  who  shall  be  charged  with  the  Bailiff. 

care  and  custody  of  all  that  portion  of  the  city  hall  property 

not  used  by  the  Municipal  Court,  the  police  commission  or 

the  police  department  of  said  city ;  an  Inspector  of  Oils  and  inspector  of 

Fluids  used  for  illuminating  purposes  within  the  limits  of 

the  citv;  and  a  Clerk  of  the  Market,  who  shall  also  be  sealer  cierkof  the 

*  1  1  T  1  1  market. 

of  weights  and  measures  used  withm  the  public  markets  and 
market  houses  of  the  Citv  of  Wilmington.    The  terms  of  the  Term  of 

":  .       office. 

several  officials  herein  designated,  shall  commence  on  the 
first  day  of  August  next  ensuing  their  election,  and  shall  be 
for  the  term  of  two  years,  («)  and  the  terms  of  office  of  the  pres- 
ent incumbents  are  hereby  extended  until  the  first  day  of 
August,  A.  D.  1893.  The  salaries  (^)  of  the  several  officials  Salaries. 
herein  pro\'ided  for  shall  be  as  follows :     Clerk  of  Council 


158 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Repealed  by 
24  T).    L.    347 


^  [twelve]  hundred  dollars  per  annum ;  Bailiff  of  Council, 
seven  hundred  and  twenty  dollars  per  annum;  Inspector  of 
Oils  and  Fluids,  the  sum  as  is  now  fixed  by  law  or  ordinance 
for  the  present  incumbent,  and  the  Clerk  of  the  Market,  five 
hundred  dollars  per  annum,  together  with  all  the  fees  and 
emoluments,  to  which  by  any  law  or  ordinance  he  is  entitled 
to  receive  as  such  clerk  of  the  market.  The  salaries  pro- 
vided for  by  this  act  shall  be  payable  in  the  same  manner, 
and  at  the  same  time,  as  the  salaries  of  other  city  officials 

are  now  payable.] 

***•#*         *         *         #         *         *         «         * 

Passed  at  Dover,  March  1st,  1887. 

(a)  As  to  whether  appointive  officers  hold  over  until  their  success- 
ors are  appointed,  where  there  is  a.  deadlock,  or  where,  for  any  reason,  no 
new  appointments  are  made,  the  law  seems  to  be  as  follows: 

(1st)  If  the  statute  expressly  limits  the  office  to  expire  at  the  end 
of  a  fixed  time,  or  upon  a  specified  event,  the  incumbent  does  not  hold 
over,  but 

(2nd)  If  the  provision  simply  is,  that  the  appointment  or  the  elec- 
tion shall  take  place  annuaUy,  for  instance,  without  limiting  the  same  to 
a  fixed  day,  then  the  incumbent  holds  over. 

Bates,  Cli. :  ' '  The  principle  is,  that  if  the  term  of  an  officer,  civil  or 
corporate,  created  by  statute  or  charter,  is  not  limited 
to  expire  at  a  fixed  time,  or  upon  a  specified  event,  but  there  is  simply  a 
direction  for  the  annual  election  of  the  officer,  his  original  term  con- 
tinues, though  after  the  year,  until  a  successor  is  duly  elected  and  quali- 
fied. *  *  A  provision  for  holding  an  election  on  a  'fixed  day  was  held 
to  be  peremptory,  but  one  for  electing  annually,  without  a  day  fixed,  was 
treated  as  directory  only. ' ' 

Sparks  et  al  vs.  Farmers'  Bank,  3  Del.  Ch.  274  at  296.  (yr.  1869) 

Mayor  and  Council  of  Wil.  vs.  Horn,  2  Har.  190.  (yr.  1837)  This 
case  differs  from  the  Spai-ks  case  as  to  the  liability  of  a  surety. 

If  an  officer 's  appointment  or  election  be  legal,  he  is  an  officer  de 
jure;  if  it  be  illegal,  and  he  knows  no  better,  or  holds  under  "color"  of 
right,  he  is  an  officer  de  facto,  and  his  acts  are  valid.  After  he  knows  his 
appointment  or  election  is  illegal,  his  ' '  color ' '  of  right,  &c.,  is  removed, 
and  he  then  is  simply  an  usurper,  and  his  acts  are  illegal.  For  the  defini- 
tion of  an  officer  de  facto,  see  the  case  of  Lee  vs.  Wil.,  1  Marv.  65  at  71. 
(yr.  1893).  See  Sec.  108  "a"  of  the  Charter.  As  to  the  above  see  1 
Beach  on  Pub.  Corps.,  Sec.  182. 


(&)   As  to  the  power  of  "The  Council' 
31,  p.  60  at  "Third"  of  the  Charter. 


to  "  fix "  salaries,  see  Sec. 


19  D.  L.  4: 


Election  of 
Chief  Engi- 
neer and  As- 
sistants. 


AN  ACT  to  authorize  the  Fire  Department  of  the  City  of  Wil- 
mington to  elect  its  Chief  Engineer  and  Assistants. 
Section  1.    That  the  several  fire  companies  of  the  City 


1.     For  salary  of  Clerk  of  Council  see  Ordinance  July 
this  volume. 


25,   1909,  p.   568 


ACTS  OF  THE  GENERAL  ASSEMBLY.  159 

of  Wilmington  be  and  they  are  hereby  directed  to  assemble 
at  their  respective  engine  houses  on  the  second  Tuesday  in 
the  month  of  May,  A.  D.  1892,  and  on  the  same  day  in  every 
second  year  thereafter,  between  the  hours  of  seven  o 'clock  ^^^^^  °^ 
and  ten  o'clock  P.  M.,  and  hold  an  election  («)  for  Chief  En- 
gineer, and  First  and  Second  Assistant  Engineers  of  the  Fire 
Department  in  the  City  of  Wilmington  aforesaid,  to  serve  for  of^eiectfon. 
the  term  of  two  years  from  the  third  Monday  in  May  next 
ensuing  their  election  or  until  their  successors  are  elected. 

(a)  This  provision  states  that  the  "fire  companies"  shall  elect  their 
Chief,  and  Assistant,  Engineers,  and  prescribes  how  the  election  shall  be 
held,  and  who  may  be  elected ;  it  is  all  left  with  the  ' '  fire  companies. ' ' 
' '  The  Council ' '  passed  an  ordinance  prescribing  that  the  Chief  and  As- 
sistant Engineers  should  be  elected  by  rotation.  It  was  claimed  that  the 
above  was  simply  a  "regulation,"  and  that  "The  Council"  possessed 
this  power.  It  was  admitted  that  ' '  The  Council ' '  had  the  power  to  make 
proper  regulations,  but  it  was  contended  that  the  above  ordinance  was  not 
a  "regulation,"  but  an  attempt  to  repeal  an  Act  of  the  Legislature 
by  an  ordinance.  The  Court  held  the  ordinance  to  be  void  and  decided 
the  firemen  could  elect  whom  they  pleased,  and  that  ' '  The  Council ' '  had 
nothing  to  do  with  it. 

State  Del.  ex  rel.  Conway  vs.  Willis  et  al.  (yr.  1902).  App.  Dock.  p. 
211. 

The  judges  of  the  election  shall  deliver  to  the  Clerk  of 
the  Council,  on  the  day  succeeding  such  election,  a  certifi- 
cate of  the  votes  cast  by  each  company,  setting  forth  the  canvass  of 
persons  voted  for  and  for  what  office  and  the  number  of 
votes  cast  for  each  person,  which  certificate  shall  be  under 
oath  and  signed  by  said  judges  or  a  majority  of  them.  The 
Council  shall,  at  its  next  stated  meeting  after  any  such  elec- 
tion, proceed  to  canvass  (^)  said  certificates,  and  shall  count 
each  company  as  one  vote,  according  to  the  majority  appear-  Failure  to 
ing  on  the  face  of  the  certificate  for  the  persons  for  whom 
such  majority  was  cast,  and  the  persons  who  shall  receive  a 
majority  of  the  several  companies  shall  be  declared  to  be  the 
Chief  Engineer,  and  First  and  Second  Assistant  Engineers 
for  the  term  next  ensuing  this  election;  should,  however, 
there  not  be  a  majority  of  the  companies  cast  for  one  or  more 
of  the  persons  for  any  of  the  said  offices  the  present  officers 
hold  over  until  their  successors  are  elected.  Any  vacancy 
occurring  in  any  of  the  said  offices  by  death,  resignation,  or^^^f"^^^^ 


160  ACTS  OF  THE  GENERAL  ASSEMBLY. 

otherwise,  shall  be  filled  by  the  company  from  which  said 
vacancy  occurs  for  the  residue  of  the  term. 

(b)  "The  Council"  sits  simply  as  a  Board  of  Canvass.  Its  duty  is 
ministerial.  It  is  not  a  Court  to  jud^e  the  election  returns.  It  must  de- 
clare those  persons  elected  in  accordance  with  the  returns  of  the  fire  com- 
panies, as  presented  by  them  to  '  *  The  Council. "  If  it  should  fail  to  so 
act,  the  Court,  by  mandamus,  will  compel  it  to  discharge  this  simple,  min- 
isterial duty. 

Same  case  as  above  cited  in  "  a. " 

Who  ajiowed  §^0.  2.    No  person  shall  be  allowed  to  vote  at  any  elec- 

tion provided  for  by  this  Act  except  he  shall  be  a  member  in 
good  standing  of  the  fire  company  at  whose  house  he  shall 

eiectfo^n°^  offer  to  vote.  Three  judges,  who  shall  be  elected  by  ballot 
from  among  the  members  in  good  standing  of  fire  company, 
shall  be  chosen  at  least  one  week  prior  to  such  election.  Ex- 
cept where  there  are  two  candidates  from  one  company  each 
candidate  shall  have  a  judge  of  his  own  selection  from  the 
company  to  which  he  belongs. 

Inconsistent  Sec.  3.    That  all  acts  and  parts  of  acts  inconsistent  with 

acts  repealed 

this  act  shall  be  and  are  hereby  repealed. 
Passed  at  Dover,  May  5,  1891. 


AN  ACT  in  Belation  to  State  Detectives. 
Governor  to  SECTION  1.     That  on  the  third  Monday  in  March  in  the 

appoint  two  "^ 

State  De-       year  one  thousand  nine  hundred  and  one,  and  every  four 

tectives.  •'  .  . 

years  thereafter,  the  Governor  shall  appoint  two  suitable 

persons,  one  of  whom  shall  reside  in  the  City  of  Wilmington, 

to  be  detectives  («)  for  the  State  of  Delaware.    Such  detectives 

Term  of        shall  hold  office  for  the  term  of  four  years  from  the  date  of 

office.  ^ 

their  appointment,  and  until  their  successors  shall  be  ap- 
pointed and  duly  qualified,  unless  sooner  removed  from  of- 
fice by  the  Governor  as  hereinafter  provided.  It  shall  be  the 
duty  of  the  said  detectives,  under  the  direction  of  the  At- 
torney General  or  his  Deputy,  to  investigate  and  ferret  out 
crimes  committed  in  this  State. 

(a)  This  Act  repealed  the  Act  of  21  D.  L.  Ch.  64.  Under,  and  by 
virtue  of  the  latter  Act,  one  McVey,  had  been  appointed  State  Detective. 
Three  days  after  the  office  was  abolished  it  was  re-created,  and  other  men 
appointed  to  the  office.  McTey  sued  for  salary,  claiming  that  by  ' '  abol- 
ishing" the  office  the  Legislature  was  diminishing  his  salary   (taking  it 


ACTS  OF  THE  GENERAL  ASSEMBLY.  161 

away  altogether)  within  the  meaning  of  Art.  15,  Sec.  4  of  the  Constitution 
which  reads :  ' '  No  law  shall  extend  the  term  of  any  public  officer,  or 
diminish  his  salary  or  emoluments  after  his  election  or  appointment. ' ' 
The  Court  said: 

Lore,  C.  J.:  " It  is  well  settled  that  offices  created  by  the  Legis- 
lature are  entirely  within  legislative  control;  that  the 
gift  of  such  an  office  is  not  a  contract.  Unless  there  be  some  constitu- 
tional limitation,  such  offices  may  be  modified,  abridged  or  abolished,  as 
the  Legislature  may  see  fit.  When  an  office  is  abolished,  the  former  in- 
cumbent has  no  right  to  compensation  for  the  unexpired  term.  The  sal- 
ary is  an  incident  of  the  office  and  dies  with  it,  *  *  that  part  of  Art. 
15,  Sec.  4,  of  the  Constitution  which  prescribes,  that  no  law  shall  ' '  di- 
minish his  salary  or  emoluments  after  his  election  or  appointment ' '  has 
no  application  to  this  case.  It  only  api^lies  to  cases  where  an  office  con- 
tinues in  existence,  and  during  such  continuance  an  attempt  is  made  to 
diminish  the  salary  or  emoluments. ' ' 

State  ex  rel.  McVey  vs.  Burris,  4  Penn.  3  at  5.   (yr.  1901) 

Sec.  2.     They  shall  have  authority  to  make  arrests  and  Powers  of. 
serve  writs  anywhere  in  the  State. 

Sec.  3.  They  or  one  of  them  shall  serve  all  requisitions  Duties  of. 
made  by  the  Governor,  and  for  this  shall  not  receive  any 
compensation  except  their  actual  expenses.  Such  expenses 
shall  be  paid  by  the  State  Treasurer  upon  the  production  of 
vouchers  approved  by  the  Attorney  General  and  the  Secre- 
tary of  State. 

Sec.  4.  They  shall  receive  for  their  services  a  salary  of  Salary. 
twelve  hundred  dollars  per  annum  each,  payable  in  equal 
monthly  installments  by  the  Treasurer  of  the  State  of  Dela- 
ware out  of  any  funds  in  his  hands  not  otherwise  appropria- 
ted, upon  the  certificate  of  the  Attorney  General  that  they 
have  faithfully  performed  the  duties  of  their  office  during 
the  preceding  month. 

Sec.  5.     Before  entering  upon  the  duties  of  their  office  ^^^g°^ 
they  shall  be  duly  sworn  to  faithfully  discharge  the  duties 
of  their  office,  according  to  the  best  of  their  ability. 

Sec.  6.     Detectives  appointed  under  the  provisions  of  ^ 

'■  ^  ^  .      Not  to  be 

this  Act  shall  not  be  held  or  considered  to  be  officers  within  hem  as  offi- 
cers within 
the  scope  and  meaning  of  Section  13  of  Article  III,  of  the  the  scope  of 

^  .  .        Section  13, 

Constitution,  but  shall  be  held  and  considered  to  be  special  Article  3  of 

the  Constitu- 

police  officers  for  the  Attorney  General,  and  may  be  removed  tion. 
from  office  by  the  Governor  at  any  time ;  Provided,  hoAvever, 


162 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


that  no  such  detective  shall  be  so  removed  except  upon  com- 
plaint filed  in  the  office  of  the  Secretary  of  State  by  the  At- 
torney General,  of  which  complaint  such  detective  shall  have 
at  least  ten  days  notice,  and  upon  which  complaint  he  shall 
be  given  by  the  Governor  an  opportunity  to  be  heard,  either 
in  person  or  by  counsel. 

Sec.  7.  All  acts  and  parts  of  acts  inconsistent  with  this 
act  be  and  the  same  are  hereby  repealed. 

Approved  March  15,  A.  D.  1901. 


19  D.  L.  1016.  AN  ACT  providing  for  an  Inspector  of  3Ieats  for  the  City  of 

Wilmington. 

Section  1.  There  shall  be  an  offiiser  of  the  City  of  Wil- 
mington to  be  known  and  designated  as  Inspector  of  Meats, 
who  shall  have  been  at  the  time  of  his  appointment  or  elec- 
tion, as  hereinafter  provided,  a  practical  butcher  by  trade 
for  at  least  ten  years  prior  to  his  appointment  or  election, 
and  shall  be  a  citizen  and  qualified  voter  of  this  State,  and  a 
resident  of  the  City  of  Wilmington. 


Inspector  of 
meats. 


Qualiflca 
tions. 


Duties.  Sec.  2.     The  duties  of  such  Inspector  of  Meats  shall  be 

to  inspect  at  any  place  within  said  city,  all  cattle,  swine, 
sheep  or  other  animals  used  for  food,  to  prevent  the  slaughter 
for  food  of  diseased  animals,  to  prevent  the  sale  or  use  for  food 
of  diseased,  tainted  or  unwholesome  meats,  and  to  cause  the 
same  when  found  to  be  destroyed,  to  cause  the  arrest  and 
trial  of  persons  exposing  or  offering  the  same  for  sale,  and 
to  perform  such  other  duties  as  are  now,  or  shall  hereafter 
be  prescribed  by  any  ordinance  of  said  city,  or  b}"  any  rule  (^) 
or  regulation  of  the  Board  of  Health  (^)  of  said  city.  He  shall 
not  engage  in  any  other  business  or  trade  while  serving  as 
such  Inspector  of  Meats. 

(a)  As  to  the  legal  meaning  of  the  word  "rule,"  see  the  case  of 
Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  136.  (yr.  1894).     See  See.  76 

"  a  "  of  the  Charter. 

The  Board  of  Health  can  pass  "rules  and  regulations,"  but  not  or- 
dinances.    See  "  b, "  below. 

(b)  The  "other  duties,"  mentioned  in  the  above  section,  mean  such 
as  the  Board  of  Health  may  create  by  ' '  rule  or  regulation. ' '  The  Board 
of  Health  cannot  pass  an  ordinance  or  resolution,  for  all  legislative  pow- 
ers are  vested  in  ' '  Tlie  Council. ' '     The  Board  of  Health,  for  instance. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  163 


cannot  pass  an  ordinance  requiring  butchers  and  persons  selling  meats, 
&c.,  to  have  the  same  covered  with,  or  inclosed  in,  glass  cases. 

Mayor  and  Council  of  Wil.  vs.  Eeed.  (yr.  1910)  Munic.  Ct.    (Decision 
final.)    See  Sec.  137,  "a"  of  the  Charter. 

the  first  meeting  of  the  Council  of  said  city  in  the  month  of  t 
July,  A.  D.  1896,  and  biennially  thereafter,  the  Council  shall 
elect  an  Inspector  of  Meats,  and  in  case  of  said  office  becom- 
ing vacant  at  any  time  from  any  cause  whatever,  the  Council 
shall  within  ten  days  from  the  happening  of  such  vacancy 
elect  a  person  for  the  unexpired  term. 


Election. 


Sec.  4.     The  salary  of  the  Inspector  of  Meats  shall  be 
one  thousand  dollars  per  annum,  payable  monthly  in  the  salary. 
same  manner  as  other  officers  of  said  city  are  paid. 

Sec.  5.    All  acts  and  parts  of  acts  inconsistent  heremth 
are  hereby  repealed. 

Passed  at  Dover,  May  2,  1893. 


AN  ACT  authorizing  the  House  Sergeant  on  duty  as  such  ai  21  d.  l.  246. 
the  Police  Station  in  the  City  of  Wilmington  to  issue 
Warrants  of  Arrest  in  Certain  Cases. 

Section  1.     That  in  the  absence  from  his  office,  of  the 
Clerk  of  the  Municipal  Court  of  the  City  of  Wilmington,  the  jjouse  ser- 
House  Sergeant  on  duty  as  such  at  the  Police  Station  in  the  ful  warrants 
said  City  of  "Wilmington,  is  hereby  authorized  and  empow-  fe^'^.ltiis'"^^' 
ered  to  issue  under  his  hand  and  seal  a  warrant  or  warrants 
for  the  arrests  of  any  person  or  persons  charged,  on  oath  or 
affirmation  before  him,  to  be  guilty  of  any  offence  or  crime 
within  the  jurisdiction  of  said  Municipal  Court  (which  oaths 
or  affirmations  the  said  House  Sergeant  is  hereby  authorized 
and  empowered  to  administer.)  Warrants  issued  as  provided 
in  this  Section  shall  be  in  the  same  form,  directed  in  the  same  manne1-"of 
manner,  confer  the  same  authority  and  immunity  upon  the  issue,  &c. 
officer  or  officers  executing  the  same,  returned  in  the  manner 
and  in  all  respects  as  lawful  and  effectual  as  if  the  said  war- 


164 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


rants  had  been  issued  by  the  Clerk  ('^)  of  the  Municipal  Court 
aforesaid. 

Approved  June  9,  A.  D.  1898. 

(a)   See  Sec.  14,  paragraph  5,  of , the  Charter. 


21 D.  L.  247.  AN  ACT  autliorizing  the  House  Sergeant  on  duty  as  such  at 
the  Police  Station  in  the  City  of  Wilmington  to  take  hail 
in  Certain  Cases. 

House  ser-  SECTION  1.     That  in  the  absence,  from  his  office,  of  the 

geant  to  take  '  ' 

bail,  &c.  Clerk  of  the  Municipal  Court,  of  the  City  of  Wilmington,  the 
House  Sergeant  on  duty  as  such  at  the  Police  Station  in  said 
City  of  Wilmington  shall  have  power  and  authority  to  fix  the 
amount  of,  approve,  receive  and  take  bail,  in  bailable  cases, 
for  the  appearance  of  any  person  or  persons,  under  arrest  or 
detention,  at  the  then  next  ensuing  session  of  said  Municipal 
Court,  bail  bonds  taken  as  authorized  by  this  act  shall  be  as 
binding,  effectual  and  subject  to  the  same  liability  and  pro- 
ceedings as  if  the  same  had  been  taken  by  said  Clerk  of  the 
Municipal  Court. 

(a)   See  Sec.  14,  paragraph  5,  of  the  Charter. 


Filing  of 
bond. 


The  said  bail  bonds  shall  at  the  session  of.  said  Municipal 
Court  next  ensuing  the  taking  of  the  same  as  aforesaid,  be 
filed  with  the  clerk  of  said  court. 

Passed  at  Dover,  May  27th,  1898. 

Approved  this  the  ninth  day  of  June,  A.  D.  1898. 


24  D.  L.  315.    ^JV"  ACT  in  Relation  to  the  Dressing  of  Certain  Animals. 

Unlawful  to  SECTION  1.     That  from  and  after  the  approval  of  this 

cass  of  sheep  Act,  it  shall  be  unlawful  for  any  person  or  persons,  firm,  as- 

uniess  sociation  or  corporation  to  buy,  sell,  exchange,  dress  or  deal 

certafn  man-  in  any  carcass  of  sheep  or  lambs  in  the  City  of  Wilmington 

with    the    heart,    liver    and    lights,    commonly    called    the 

"Pluck"  in  the  body  of  any  such  animal  or  with  the  hoofs 

of  either  of  said  animals  on  them. 


Sec.  2.    That  from  and  after  the  approval  of  this  Act  it 
shall  be  unlawful  for  any  person  or  persons,  firm,  association 


ACTS  OP  THE  GENERAL  ASSEMBLY.  165 

or  corporation  to  ship  or  bring  into  the  City  of  Wilmington  ^,,"'^^'t"'  ^° 
for  sale,  or  for  any  person  or  persons,  firm,  association  or  wnmington 

ofirCciss  or 

corporation  to  receive  any  carcass  of  sheep  or  lambs  with  sheep  and 

^  ./  i  lambs  unless 

the  heart,  liver  and  lights  commonly  called  the  "Pluck"  in  Pressed  in 

"  *^  certain  man- 

the  bod}'  of  either  or  both  said  animals,  or  with  the  hoofs  of  ner. 
either  or  both  said  animals  on  them. 

Sec.  3.  Any  person  or  persons,  firm,  association  or  cor-  Penalty  for 
poration,  who  shall  violate  any  of  the  provisions  of  this  Act,  act. 
shall  upon  conviction  thereof,  be  punished  by  a  fine  for  the 
first  offence,  of  not  less  than  five  nor  more  than  ten  dollars; 
for  the  second  offence,  not  less  than  ten  nor  more  than 
twenty  dollars;  and  for  a  third  and  all  subsequent  offences, 
not  less  than  twenty-five  nor  more  than  one  hundred  dollars ; 
and  any  convicted  person  or  any  officer,  agent  or  employee 
of  a  corporation  convicted  of  any  such  offence  who  shall  re- 
fuse or  neglect  to  pay  such  fine  may  be  imprisoned  for  a  term 
not  less  than  ten  days  nor  more  than  six  months. 

Sec  4.  That  all  violations  of  this  Act  and  offences  jurisdiction 
against  the  same  shall  be  misdemeanors,  and  the  Municipal  court."'^'^^^ 
Court  of  the  City  of  Wilmington  shall  have  jurisdiction  to 
hear,  try  and  determine  them  or  any  of  them  upon  informa- 
tion by  the  Attorney  General,  his  deputy,  or  the  prosecuting 
officer  of  the  Municipal  Court  or  any  other  person  under 
oath. 

Sec.  5.    That  all  acts  or  parts  of  acts  inconsistent  here- 
with, be  and  the  same  are  hereby  repealed. 

Approved  April  9,  A.  D.  1907. 


AN  ACT  to  provide  for  the  appointment  of  a  Gas  Inspector  22  d.'l.^zi. 
for  the  City  of  Wilmington. 

Section  1.    From  and  after  the  first  day.  of  May  A.  D.  inspector  of 
1903,  the  Inspector  of  Plumbing,  of  the  City  of  Wilmington,  beTso  alf 
shall  assume  the  duties  of  Gas  Inspector  in  and  for  the  said  i^^p^^'^*''"- 
city,  and  shall  perform  the  duties  hereinafter  provided  for. 

Sec.  2.  Before  entering  upon  the  duties  of  his  office,  («)  the 
^said  Gas  Inspector  shall  give  bond  to  "The  ]\Iayor  and  Coun- 


166  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Bond.  eii  Qf  Wilmington,"  with  good  and  satisfactory  security,  in 

the  sum  of  one  thousand  dollars,  conditioned  for  the  faithful 
performance  of  his  duties,  such  bond  to  be  approved  by  the 
said  Council  of  the  City  of  Wilmington. 

(a)   As  to  the  phrase  "before  entering  uijon  the  duties  of  his  of- 
fice," see  Sec.  11,  "a"  of  the  Charter,  and  the  case  of 
Pickering  vs.  Day,  2  Del.  Ch.  333  at  334.   (yr.  1866) 

Salary.  Sec.  3.     He  shall  receive  as  Gas  Inspector,  the  sum  of 

Five  Hundred  Dollars  per  year,  payable  monthly. 

may  appoint  Sec..4.    Should  the  Gas  Inspector  at  any  time  require  the 

assistant.       services  of  an  assistant,  he  shall  report  the  facts  to  the  City 

Council,  and  the  said  Council  may,  if  in  their  judgment  they 

deem  it  necessary,  appoint  an  assistant  («)  for  such  time  and 

at  such  salary'  as  they  may  determine. 

(«•)   As  to  The  Council 's  powers  as  to  appointment  of  officers,  see 
See.  3,  of  the  Charter. 

Mayor  and  Sec.  5.     The  Said  Mayor  and    Council    of    Wilmington 

rected  to  shall  have  power  and  are  hereby  authorized  and  directed  to 
su^t'ataie  rules  adopt  and  promulgate  suitable  rules  («)  and  regulations  gov- 
meift°  of"^""  erning  and  regulating  gas  pipes  and  fittings  in  the  City  of  Wil- 
mington, in  buildings  that  may  hereafter  be  erected,  and  pro- 
vide for  the  enforcement  of  such  rules  and  regulations,  and 
further  make  provision  for  the  punishment  of  person  or  per- 
sons who  shall  refuse  or  neglect  to  comply  with  the  same. 

(a)   As  to  the  meaning  of  the  word  "rules,"  see  Sec.  76,  "a"  of  the 
Charter  and  the  case  of 

Morris  et  al  vs.  Pilot  Coms.,  7  Del.  Ch.  136.  (yr.  1894) 

May  make  ggQ    6      The  said  Mayor  and    Council    of    Wilmington 

additional  •  " 

rules  for  gas  may  also,  by  rules  («)  and  regulations,  establish  a  system  of  in- 
spection and  supervision  of  gas  pipes,  fittings  and  fixtures, 
in  buildings  now  erected. 
(a)   See  Sec.  5,  "a"  above. 

Gas  inspec-  Sec.  7.    The  Gas  Inspector  shall  make  a  daily  inspection 

tor  to  make  -,  n     ^  -n  t  -t  ix 

dally  tests  of  and  tcst  01  the  gas  as  to  candle  power  and  report  the  result 

gas  as  to  r>  •   T  T  /-I  •^  T    1 

power.  01  said  test  to  the  Council  monthly. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  167 

Sec.  8.    Any  consumer  of  gas  can  have  his  meter  tested  q" ^^|te',P" 
under  the  supervision  of  the  Gas  Inspector  upon  filing  ap-  "ffjon  of  ^^' 
plication  for  same.     If  meter  proves  correct  in  accordance  consumer, 
with  United  States  Standard,  the  applicant  shall  pay  costs  ^^^^^ 
of  said  test,  provided  however  the  cost  shall  not  exceed  fifty 
cents.    If  the  said  meter  should  not  conform  to  above  stand- 
ard the  costs  of  said  test  shall  be  borne  by  the  Gas  Company. 

Sec.  9.    All  fees  so  collected  shall  be  paid  monthly  into  Fees  to  be 

paid  to  City 

the  treasury  of  the  City  of  Wilmington.  Treasurer. 

Sec.  10.    All  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  superseded. 

Approved  April  16,  A.  D.  1903. 


168 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


CHAPTER  III. 

ACTS  RELATING  TO  PUBLIC  PARKS. 


Page 
Act  Creating   the   Board   of 
Park   Commissioners    168 


Page 
Act  to   Authorize   the   Bor- 
rowing  of    Money  for    Pur- 
chase  of    Parte    Lands 173 


17  D.  L.  404.    ^x  ACT  to  provide  for  Puhlic  Parks  for  the  use  of  the  citizens 
of  Wilmington  and  its  vicinity. 

Acquisition  SECTION  1.    That  The  Mayor  and  Council  of  Wilmington 

parks.  shall  have  power  to  take  and  acquire  lands  either  by  deed  or 

devise,  and  to  receive  and  accept  all  donations  of  money,  by 
gift  or  legacy,  for  the  purpose  of  providing  and  maintaining 

7,  1909.  25  one  or  more  open  places  or  parks  for  the  promotion  of  the 
health  and  recreation  of  the  people  of  the  City  of  Wilming- 
ton and  its  vicifiity;  and  that  lands  within  the  corporate 
limits  of  the  said  city,  or  within  [five]  miles  from  the  bound- 
ary thereof,  may  be  purchased  or  acquired  by,  and  conveyed 

Title.  or  devised  to,  and  the  title  and  ownership  of  such  lands  be 

vested  in  the  said  Mayor  and  Council  of  Wilmington,  for  the 
purposes  aforesaid. 


Board  of 
Park  Com- 
missioners. 


Sec.  2.  That  William  P.  Bancroft,  George  H.  Bates. 
Thomas  F.  Bayard,  Edward  Betts,  Francis  N.  Buck,  George 
W.  Bush,  William  M.  Canby,  Joseph  L.  Carpenter,  Jr.,  Henry 
A.  DuPont,  J.  Taylor  Gause,  and  their  successors,  who  shall 
be  appointed  as  hereinafter  provided,  together  with  the 
Mayor  of  the  City  of  Wilmington,  the  President  and  the 
Chairman  of  the  Finance  Committee  of  the  City  Council,  and 
the  Chief  Engineer  of  the  Surveying  Department  of  said  city, 
for  the  time  being,  are  hereby  created  and  constituted  a 
Board  of  Park  Commissioners.  The  said  Mayor,  President, 
of  fh"board"  Chairman  and  Chief  Engineer  shall  be  ex-officio  members  of 
the  said  board.    The  said  commissioners  shall  organize  on  or 


ACTS  OF  THE  GENERAL  ASSEMBLY.  169 

before  the  first  day  of  January.  1884,  by  the  election  of  a  Qj^^erg"  °^ 
president,  who  shall  be  a  member,  and  a  secretary  and  treas- 
urer, who  may  or  may  not  be  members  of  the  board,  and 
shall  immediately  proceed  to  classify  the  first  ten  commis- 
sioners above  named,  as  follows :     Two  of  said  commission-  commission- 
ers shall  be  selected  by  lot  to  serve  until  the  expiration  of  ®^^- 
one  year ;  two  to  serve  until  the  expiration  of  two  years ;  two 
to  serve  until  the  expiration  of  three  years ;  two  to  serve  un- 
til the  expiration  of  four  years ;  and  two  to  serve  until  the  vacancies. 
expiration  of  five  years,  from  the  first  day  of  January,  A.  D.  ^°^  ^'^®'^- 
1881 ;  and  whenever  a  vacancy  shall  occur  among  any  of  the 
commissioners,  who  shall  have  been  classified  as  herein  di- 
rected, by  expiration  of  term  of  service,  or  otherwise,  the 
same  shall  be  filled  by  the  Associate  Judge  of  the  Superior 
Court  of  Delaware  residing  in  New  Castle  County,  who  shall 
appoint  a  successor,  and  every  such  appointment  shall  be 
for  the  term  of  five  years,  unless  when  made  to  fill  an  unex- 
pired term.     No  commissioner  shall  receive  any  compensa-  no  compen- 
tion  for  his  services  as  a  member  of  the  board.     The  treas- 
urer shall,  before  he  enters  upon  the  duties  of  his  office,  («)  give  Treasurer's 
bond  to    The    Mayor    and    Council    of   Wilmington  in  such  ^^°"*^' 
amount  as  shall  be  determined  by  the  board  of  commission- 
ers, with  surety  to  be  approved  by  the  President  and  on(^ 
other  member  of  the  said  board,  conditioned  for  the  faithful 
performance  of  the  duties  of  his  office,  and  with  warrant  of 
attorney  for  the  confession  of  judgment  annexed  thereto. 

(a)  As  to  the  phrase  "before  he  enters  upon  the  duties  of  his  of- 
fice," see  the  case  of  Pickering  vs.  Day,  2  Del.  Ch.  333  at  334.  (yr.  1866) 
See  Sec.  11,  "a"  of  the  Charter. 

Sec.  3.  That  as  soon  as  the  said  commissioners  shall 
have  fully  organized,  they  shall  have  the  care  and  manage- 
ment of  all  lands,  the  title  to  and  ownership  of  which  shall, 
after  the  passage  of  this  act,  become  vested  in  "The  Mayor 
and  Council  of  Wilmington,"  to  be  laid  out  and  used  as  a       ' 

^  Powers  and 

public  park ;  and  they  shall  have  the  power  to  adopt  and  duties  of  the 

^  .  commission- 

execute  all  necessary  and  proper  plans  for  the  maintenance  ers. 

and  improvement  of,  and  to  supervise  the  expenditure  of  all 

moneys  which  may  be  given  or  appropriated  for  laying  out, 

improving  or  adorning  the  same.     And  the  City  Council  of 


170 


ACTS  OP   THE  GENERAL  ASSEMBLY. 


Park  prop- 
erty exempt 
from  taxa- 
tion. 


Wilmington  may  confer  upon  the  said  board,  and  the  board 
may  accept  the  care  and  management,  from  time  to  time,  of 
any  other  grounds  now  appropriated  or  hereafter  to  be  ap- 
propriated for  park  purposes,  for  the  use  of  the  said  city. 
But  the  said  board  shall  not  contract  any  debts,  the  total 
amount  whereof  shall  be  in  excess  of  its  annual  income  or 
receipts,  or  which  shall  not  be  paid  out  of  the  annual  appro- 
priation («)  made  for  its  use  by  the  City  Council  of  Wilming- 
ton. All  land  and  property  which  shall  be  held,  laid  out,  and 
used,  for  maintaining  any  public  park,  or  which  shall  be  pur- 
chased or  acquired  for  such  use  or  purpose,  shall  be  forever 
free  from  state,  county  and  city  taxation,  so  long  as  used  for 
such  purpose.  No  county  road,  street,  railway,  sewer,  water 
or  gas  pipes,  telegraph  or  telephone  wires,  shall  be  laid  out, 
opened,  extended  over,  under,  above  or  through  any  park 
under  the  control  and  care  of  the  said  Board  of  Park  Commis- 
sioners without  their  approval  and  consent. 

(a)  This  section  shows  clearly  that  the  yearly  expenses  shall  be  met 
out  of  the  yearly  income.  The  sinking  fund  provision  is  also  applicable. 
"The  Council"  in  1873  had  decided  to  buy  land  for  park  purposes,  and 
to  pay  for  the  same  as  follows:  a  portion  in  cash,  and  the  balance  by 
giving  notes  covering  a  period  of  about  8  years.  The  following  is  taken 
from  the  case : 

' '  The  creation  of  debts  and  liabilities  for  the  purchase  of  such  lands, 
was  in  violation  of  the  express  provisions  of  the  Charter  of  the  city,  and 
the  supplements  and  amendments  to  the  same,  limiting  the  amount  of 
the  debt  of  said  city  which  might  be  lawfully  created,  contracted  or  in- 
curred by  it. ' ' 

Att'y  General  vs.  Wil.,  4  Del.  Ch.,  575  at  579.  (yr.  1873) 
The  following  is  from  the  syllabus  of  the  above  case: 
' '  Upon  an  information  by  the  Attorney  General  on  the  relation  of 
the  citizens  and  taxpayers  of  the  City  of  Wilmington,  the  city  may  be 
enjoined  against  jjurchase  of  lands  for  a  park,  and  the  incurring  of  debts 
or  liabilities  for  the  purchase  money  in  excess  of  the  amount  of  indebted- 
ness which,  under  its  Charter,  it  may  lawfully  contract. ' '  p.  575. 


Appropria- 
tion. 


Sec.  4.  That  the  City  Council  of  Wilmington  shall,  in 
the  next  estimate  of  the  probable  revenue  and  expenses  of 
the  city,  made  after  the  passage  of  this  Act,  and  in  every 
year  thereafter,  cause  to  be  included  in  the  said  estimate, 
such  sums  as  they  may  deem  necessary  and  expedient  for 
the  improvement,  management,  and  care  of  any  park  which 
ma.y  have  been  acquired  by  the  said  The  Mayor  and  Council 
of  Wilmington,  to  be  used  and  laid  out  by  the  said  commis- 
sioners under  the  authority  of  this  Act,  and  every  sum  so  es- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  171 

timated  for  the  use  of  such  park  as  aforesaid,  shall  be  appro-  ^°^  p^^*^- 
priated  bj'  the  Council  and  paid  over  to  the  Board  of  Park 
Commissioners. 

[Sec.  5.     Whenever  a  majority  of  the  members  of  said  T.'^igog.    25^' 
Board  of  Park  Commissioners  shall  recommend  to  the  Coun- 
cil the  acquisition  of  any  land  for  park  purposes,  the  Council 
shall,  by  a  vote  of  two-thirds  of  all  the  members  thereof  have 

,  1  , 1  rj!  -11  J-  Shall  have 

power  to  purchase  the  same.  11  an  amicable  arrangement  power  to 
satisfactory^  to  two-thirds  of  all  the  members  of  the  Council  ^"' 
can  not  be  made  for  such  purchase,  then  such  land,  which 
shall  be  adequately  described,  may,  under  a  resolution  passed 
by  two-thirds  of  all  the  members  of  the  Council,  be  taken  by 
the  Mayor  and  Council  of  Wilmington  for  said  purpose  in 
the  same  manner  and  subject  to  the  same  conditions  and  pro- 
ceedings as  are  prescribed  for  condemning  and  taking  land 
for  the  purpose  of  extending,  widening,  laying  out  or  open- 
ing streets  in  the  said  city ;  provided  that  nothing  contained 
in  this  Act  shall  authorize  the  condemnation  of  any  water 
rights  and  provided  further  that  no  appropriation  shall  be  Proviso. 
made  by  the  City  Council  for  the  purchase  of  land  for  park 
purposes  outside  of  the  present  city  limits,  unless  funds 
therefor  shall  have  been  provided  by  contribution,  until  af- 
ter the  sum  of  Twenty  Thousand  Dollars  shall  subsequent 
to  this  date  have  been  expended  in  the  purchase  of  lands  for 
small  parks  within  the  present  limits  of  the  City  of  Wil- 
mington. Any  sum  of  money  which  may  be  agreed  upon,  or 
assessed,  as  the  value  of  such  land,  or  any  portion  of  such 
money,  the  payment  of  which  shall  not  have  been  otherwise 
provided  for,  shall  be  included  in  the  next  annual  estimates 
and  appropriations  of  the  Council ;  and  the  city  shall  have  p^^^j.  ^^ 
power  to  borrow  such  sum  by  note  or  bond  if  necessary,  in  borrow. 
anticipation  of  the  next  annual  appropriations,  provided  that 
the  sum  so  to  be  borrowed  in  any  one  year  shall  not  exceed 
Twenty  Thousand  Dollars.] 

(a)  The  wording  of  this  section  is  not  entirely  clear.  When  a  ma- 
jority of  the  Park  Commissioners  shall  recommend  the  purchase  of  '  *  any 
land,"  The  Council  shall  "have  power  to  purchase  the  same."  *  * 
provided  the  sum  "to  be  horroired  in  any  one  year  shall  not  exceed 
$20,000.  It  does  not  say  the  debt  incurred  shall  not  exceed  $20,000,  but 
simply  that  the  sum  to  he  "borroived"  shall  not  exceed  $20,000  in  any 


172 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Jurisdiction. 


Special 
policemen. 


one  year.  Unless  the  word  "borrowed"  means  "incurred"  i.  e.  "debt 
incurred."  it  would  permit  the  purchase  of  land  without  limit,  and  prac- 
tically impair  the  sinking  fund  act.  and  the  law  limiting  the  debt  of  the 
city  to  10%  of  the  assessed  valuation  of  real  estate.  This  law  should  be 
amended.     It,  now,  is  a  dangerous  provision. 

Sec.  6.  That  for  the  better  preservation  of  the  public 
peace  and  order,  the  municipal  jurisdiction  of  The  Mayor 
and  Council  of  Wilmington  shall  extend  over  and  include 
any  park  which  shall  be  laid  out  and  opened  under  the  au- 
thority of  this  Act.  and  also  include  and  extend  over  the  ter- 
ritory lying  between  such  park  and  the  boundaries  of  the 
City  of  Wilmington ;  and  all  laws,  ordinances,  rules  and  reg- 
ulations of  the  said  city  shall  apply  to,  and  be  enforced  in 
and  about  said  park  and  territory,  as  effectually  as  if  the 
same  were  included  within  the  limits  of  the  said  city ;  and 
the  board  of  commissioners  shall  have  power  to  appoint  such 
special  policemen  as  they  deem  necessary,  who  shall  have  the 
same  power  and  authority  as  are  exercised  by  the  policemen 
of  the  City  of  Wilmington  and  the  constables  of  New  Castle 
County.  The  board  of  commissioners  shall,  from  time  to 
time,  appoint  such  officers,  agents  and  subordinates  as  they 
may  deem  necessary  for  the  proper  management  and  care  of 
any  park  under  their  control,  and  prescribe  their  duties  and 
the  compensation  to  be  paid  to  them. 


Violations. 


Regulations.  Sec.  7.    The  said  board  of  commissioners  shall  have  power 

to  make  all  needful  rules  («)  and  regulations  for  the  gov- 
ernment and  use  of  any  park  under  their  control,  not  incon-' 
sistent  with  the  laws  and  constitution  of  the  United  States, 
and  the  State  of  Delaware,  or  with  the  ordinances  of  the 
City  of  Wilmington;  and  any  person  who  shall  violate  any 
of  said  rules  and    regulations    shall    be    guilty  of  a  misde- 

Misdemeanor  meanor.  and  shall  pay  such  fine  as  may  be  prescribed  by  said 
board  of  commissioners,  not  to  exceed  ten  dollars  for  each 
and  every  violation  thereof,  to  be  recovered  before  the 
Mayor^  of  the  said  city,  or  any  justice  of  the  peace  in  New 
Castle    County,    as    debts   of    that    amount    are    recoverable, 


Fine. 


1.  The  jurisdiction  of  the  Mayor  relative  to  violations  of  municipal 
regulations  is  now  vested  in  the  Municipal  Court  for  the  City  of  Wilming- 
ton. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  173 

which  fines  shall  be  paid  into  the  city  treasury.  No  intoxi-  Nointoxicat- 
cating  liquors  shall  be  sold  in  any  public  park,  and  no  meet-  or  meetings 
ing  of  any  kind  assembled  through  advertisement,  shall  be 
permitted  in  any  such  park  without  the  license  or  permis- 
sion of  the  board  of  commissioners ;  nor  shall  any  gathering 
or  meeting  for  political  purposes  in  any  such  park  be  per- 
mitted at  any  time. 

(fl)  As  to  the  legal  meaning  of  the  word  "rules,"  see  Sec.  76,  "a" 
of  the  Charter,  and  the  case  of  Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch. 
136.    (yr.   1894) 

Sec.  8.     The  President  of  the  said  Board  of  Park  Com-  Annual 
missioners  shall  make  an  annual  report  in  writing  to  the  City  '^^"^^ 
Council  of  the  operations  of  the  said  board,  together  with  a 
statement  of  its  receipts  and  expenditures  for  and  during 
tlie  preceding  year.    They  may  make  all  needful  by-laws  for  By-iaws. 
the  government  of   the   said  board.     If    any   member  of  said 
board,  after  having   accepted   an    appointment  thereto,   shall 
refuse  or  neglect  to  serve  as  a  commissioner,  he  may  be  re- 
moved and  his  place  declared  vacant  by  a  vote  of  two-thirds 
of  all  the  members  of  the  said  board. 

Passed  at  Dover,  March  13,  1883. 


A  SUPPLEMENT  to  an  act  entitled  "An  act  to  provide  /or  17  d  l.  889. 

Public  Parks  for  the  use  of  the  citizens  of  Wilmington  and 

its  vicinity,"  passed  March  13,  1883. 

Section  1.    That  in  addition  to  the  powers  conferred  by  p^^gj.  ^^ 
the  act  to  which  this  is  a  supplement,  The  Mayor  and  Coun-  |^°Qj^g^to 
cil  of  Wilmington,  upon  the  recommendation  of  two-thirds  fj^'^'^'^^®® 
of  the  Board  of  Park  Commissioners,  are  hereby  authorized 
to  borrow  upon  bonds  such  sum  or  sums  and  upon  such  terms 
as  the  City  Council  may  from  time  to  time  deem  expedient, 
not  to  exceed  in  the  aggregate  the  sum  of  one  hundred  and  Amount, 
fifty  thousand  dollars,  to  be  used  in  the  purchase  or  acquisi- 
tion, in  the  manner  authorized  by  the  act  to  which  this  is  a 
supplement,  of  land  for  a  park  or  parks  for  the  benefit  of  the 
citizens  of  Wilmington  and  its  vicinity. 

Passed  at  Dover,  April  10,  1885. 


174 


ACTS  OF   THE  GENERAL   ASSEMBLY. 


CHAPTER  IV. 


ACTS  BELATING  TO  THE  WATER  DEPARTMENT. 


Page 


17  D.  L. 


Rights  and 
powers  of 
the  Water 
Commis- 
sioners. 


Act  Creating   the    Board   of 
Water    Commissioners    .... 


174 


Page 
Act     Giving     Authority     to 
Construct     a     Public     Bath 
House    183 


AN  ACT  to  establish  a  Board  of  Water  Commissioners  for  the 
City  of  Wilmington,  and  for  other  ijurposes. 

Section  1.  The  City  of  Wilmington  is  hereby  author- 
ized, through  the  agency  of  a  Board  of  Water  Commission- 
ers, («)  hereby  created,  constituted  and  appointed,  and  their 
successors  in  office,  to  take,  convey  into  and  throughout  said 
city,  the  water  of  the  Brandywine  river,  from  any  point  on 
said  river,  or  other  wliolesome  water,  and  may  also  acquire 
and  hold  lands,  real  estate  or  personal  property,  necessary 
for  constructing  aqueducts,  laying  pipes,  constructing  reser- 
voirs, erecting  buildings  and  machiner}'  proper  for  the  said 
works,  and  for  purifying,  conducting,  storing  and  distribut- 
ing such  water,  and  to  purchase.  (^)  take  and  hold  lands  and 
water-rights  for  supplying  the  citizens  with  good  and  whole- 
some water.  (^) 

(a)  For  a  full  history  of  the  creation  of  this  Department,  and  its 
powers,  and  the  control  of  the  Legislature  over  the  same,  see  the  case  of 

Coyle  vs.  Mclntire,  7  Houst.  44.   (vr.  1884) 

Sec.  1  of  this  Act  is  set  out  verbatim  in  the  case  below  cited  on 
pages  477  and  490,  and  commenting  upon  it,  it  was  said  by 

Spruance,  J.:  "Here  we  have  conferred  upon  said  city,  by  the 
agency  of  said  board,  the  fullest  power  to  acquire, 
hold  and  use  real  and  personal  property  for  the  supply  of  water  to  the 
citizens  of  said  city,"  &c. 

Weldin  vs.  Wil.,  3  Penn.  472  at  490.   (yr.  1902) 

Continuing,  the  same  Judge  said : 

' '  Prior  to  the  passage  of  said  act,  the  waterworks  of  the  city  had 
been  under  the  control  of  the  City  Council,  and  said  act  transferred  said 
control  to  the  said  Board.  *  *  Since  said  *  act  took  effect,  the  City 
Council  has  had  no  power  whatever  as  to  the  water  supply  of  the  city,  and 
the  powers  of  the  corporation  in  this  respect,  whatever  they  may  be,  can 


ACTS  OF   THE  GENERAL  ASSEMBLY.  175 

be  exercised  only  through  the  agency  of  said  Board,  and  said  Board  has 

no  powers  except  those  conferred  upon  it  by  said  act. ' ' 
Weldin  vs.  Wil.,  3  Penu.  472  at  489.  (yr.  1902) 
Coyle  vs.  Mclutire,  7  Houst.  44  at  100-101.  (yr.  1884) 
Bullock's  Admr.  vs.  W.  C.  Ey.  5  Penn.  209  at  217.   (yr.  1905) 

(&)  The  Board  may  "purchase  real  estate  to  be  used  for  the  con- 
struction of  a  new  reservoir  for  said  city  and  to  pay  for  the  same  from 
the  income,  receipts  and  rents  of  the  water  works  in  the  hands  of  said 
Board, ' '  of  Water  Commissioners. 

Weldin  vs.  Wil.,  3  Penn.  472.   (yr.  1902) 

(c)  In  reference  to  erecting  jjumps,  and  later  to  purchasing  the 
same  ' '  for  supplying  the  citizens  with  good  and  wholesome  water, ' '  see 
the  case  of 

Coyle  vs.  Mclntire,  7  Houst.  44  at  77.  (yr.  1884)  (Brief  of  one  of 
the  attorneys.) 

Sec.  2.  That  William  T.  Porter,  Caesar  A.  Rodney  and  commis- 
Lewis  Paynter,  of  the  City  of  Wilmington  and  State  of  Dela-  po°inted.^^^' 
ware,  are  hereby  constituted  a  Board  of  Water  Commission- 
ers for  the  said  city  under  this  Act,  with  full  powers  to  act 
as  such  for  the  term  of  two,  four  and  six  years,  as  herein 
specified,  respectively,  or  until  their  successors  shall  be  duly  office!^  ° 
appointed.  («)  At  the  first  meeting  after  the  passage  of  this 
Act,  said  commissioners  shall  determine  their  terms  by  lot, 
and  shall  certify  the  result  in  duplicate  to  the  City  Council, 
and  to  the  Recorder  of  Deeds  for  New  Castle  County.  The 
said  certificate  shall  be  recorded  by  the  said  Recorder  of 
Deeds,  and  the  original,  or  the  record  thereof,  or  a  duly  cer- 
tified copy  of  the  record,  shall  be  evidence  in  all  the  courts 
of  this  State,  as  elsewhere.  The  commissioner  who  draws 
the  two  years'  term,  shall  serve  to,  and  until  the  first 
day  of  July,  A.  D.  1885 ;  the  commissioner  who  draws  the 
four  years'  term,  shall  serve  until  the  first  day  of  July,  A.  D. 
1887;  and  the  commissioner  who  draws  the  six  years'  term, 
shall  serve  until  the  first  day  of  July,  A.  D.  1889.    At  the  ex-  Mayor  to  ap- 

n     ^  „       1  .  .  ,  point  .suc- 

piration  of  the  term    of   the    said    commissioner,  who  shall  ceeding  com- 

T       •  •    n  r>  1  niissioners. 

draw  the  shortest  term,  and  biennially  thereafter,  the  place 
of  the  retiring  commissioner  shall  be  filled  by  appointment 
by  the  Mayor  of  the  City  of  Wilmington  for  a  term  of  six 
years. 

(a)   Saulshury,  Ch.:     "In  the  case  of  the  water  works  of  the  City  of 
Wilmington,  these  works  were  not  taken  away 


Certificate. 


176 


ACTS  OP  THE  GENERxVL  ASSEMBLY. 


Qualifica- 
tions  for 
member  of 
board. 


Removal. 


Vacancies. 


from  the  city  by  the  appointment  of  a  Board  of  Commissioners  to  man- 
age them ;  nor  was  their  use  diverted  from  its  original  purpose. ' ' 

Coyle  vs.  Mclntire,  7  Houst.  44  at  97.   (yr.  1884) 

The  Chancellor  also  said : 

"All  the  agencies  of  the  city  *  *  can  be  abolished  or  changed 
at  the  will  of  the  Legislature,  and  *  their  functions  terminated  and  as- 
signed to  other  and  different  agencies."    (98) 

' '  *  although  the  water  works  *  *  may  have  been  prior  to  the 
passage  of  this  act  '■  "  under  the  control  *  *  of  the  City  Council 
*  *  it  was  competent  for  the  Legislature  to  alter  and  change  that  con- 
trol, management  and  agency  as  it  might  deem  proper."  id  100-101. 

No  person  shall  be  eligible  to  appointment  as  a  member 
of  said  board  who  shall  not  be  a  citizen  of  the  United  States, 
a  qualified  voter  of  this  State,  and  a  resident  of  the  City  of 
Wilmington  for  the  last  five  years  next  preceding  his  ap- 
pointment. Any  member  of  said  board  may  be  removed  for 
cause,  by  the  Mayor  of  said  city,  with  the  concurrence  of 
two-thirds  of  the  whole  City  Council.  The  reasons  for  the 
removal  shall  be  entered  in  the  journal.  No  person  shall  hold 
any  other  municipal  office  during  his  membership  in  said 
board.  The  said  board  shall  have  power  to  fill  any  vacancies 
in  its  own  membership  for  the  unexpired  term,  but  all  the 
members  of  said  board  shall  not  at  any  one  time  belong  to 
the  same  political  party. 


Oath. 


Organization 
of  board. 


Each  member  of  said  board  shall,  before  entering  upon 
his  duties,  («)  in  addition  to  any  oath  required  to  be  taken  by 
other  municipal  officers,  take  and  subscribe,  and  file  in  the 
office  of  the  Mayor  of  the  said  city,  an  oath  or  affirmation 
that  he  will  faithfully  perform  his  duties  as  a  water  com- 
missioner of  said  city,  and  that  he  will  neither  be  concerned 
or  interested  pecuniarily  in  any  contract  for  work  or  mater- 
ials for  or  about  the  erection,  construction,  or  repairs  of  said 
water  works  while  a  member  of  said  board ;  and  further, 
that  he  will  not  be  controlled  in  any  vote  or  action,  as  a  mem- 
ber of  said  board,  by  political  or  partisan  consideration. 

(a)  As  to  the  phrase  "before  entering  uj^on  his  duties,"  see  Sec. 
11  "a"  of  the  Charter. 

Sec.  3.  Within  ten  days  after  the  passage  of  this  Act, 
the  said  Board  of  AVater  Commissioners  hereby  constituted, 
shall  asssemble  and  organize  by  selecting  one  of  their  num- 
ber to  preside  over  its  deliberations. 


ACTS  OF  THE  GENERAL  ASSEMBLY,  177 

The  Registrar  or  Chief  Clerk  of  the  water  department, 
for  the  time  being,  shall  be  secretary  of  said  board. 

Sec.  -1.  («)     The  Board  of  Water  Commissioners  shall  be  comm1s-° 
paid  for  their  services,  from  the  passage  of  this  Act,  yearly  ^'°"^^^- 
salaries,  as  follows,  viz:     To  each,  the  annual  sum  of  three 
hundred  dollars    ($300.)    payable  quarterly.     The  said  city 
may,  by  the  agency  aforesaid,  construct  any  aqueduct  over  construction 
or  under  any  water  course,  street,  road,  or  railroad,  in  such  °  ^*^"^ 
manner  as  not  necessarily  to  obstruct  travel  thereon,  and 
may  enter  upon  and  dig  up  (^ )  any  such  street,  road  or  railroad, 
for  the  purpose  of  laying  down  pipes  beneath  the  surface, 
and  for  repairing  the  same,  and,  in"  general,  do  all  things 
necessary  and  proper  for  carrying  this  Act  into  effect.    The 
said  Board  of  Water  Commissioners  shall  have  control  of  all  control  of 
matters  relating  to  the  water  supply  in  the  City  of  Wilming- 
ton, of  the  management  and  direction  of  the  water  works 
now  existing,  or  hereafter  to  be  constructed  in  connection 
therewith ;  shall    have    charge    and    supervision    of  all  the 
mains,  stop-cocks  and  fire  hydrants  and  other  fixtures  ap- 
pertaining to  the  distribution  of  water  through  the  city,  and 
of  the  collection  of  all  revenue  due,  or  to  become  due,  to  the  Revenue. 
City  of  Wilmington  for  water,  or  accruing  to  the  said  city 
on  account  of  the  water  works  thereof  in  virtue  of  any  or- 
dinances now  existing,  or  of  any  rules  and  regulations  here- 
after to  be  passed  by  said  board. 

(o)  This  section,  beginning  with  the  phrase  "The  said  Board,"  &c., 
in  the  11th  line  thereof,  is  set  out  in  full  and  discussed  in  the  case  below 
mentioned.     The  Court  in  speaking  of  it  (and  other  sections)  said: 

Grubb,  J.:  "These  plain  and  positive  provisions"  *  (Sees.  1-1 
and  7)  "disclose  a  general  legislative  intent  and  pur- 
pose, to  secure  for  the  City  of  Wilmington  from  time  to  time,  in  the 
present  and  future,  as  its  growing  area  and  poi^ulation  and  needs  require, 
a  sure  and  ample  daily  suj^ply  of  good  and  wholesome  water. ' ' 

Weldin  vs.  Wil.,  3  Penn.  472  at  478.  (yr.  1902) 

(&)  The  city  must  use  the  same  degree  of  care  and  diligence  in  tear- 
ing up  and  replacing  a  street  (laying  a  water  drain  in  the  street)  as  a 
good  business  man  would  do  under  like  circumstances. 

Kent  vs.  Wil.,  7  Houst.  397  at  399.   (yr.  1886) 

Schelich  vs.  Wilmington,  1  Boyce  57  at  59-60.   (yr.  1909) 

Sec.  5.    The  ordinances  of  said  city  now  in  force  relating  Ordinances 

''  °  how  changed. 

thereto,  shall  continue  in  force  until  the  same  are  changed  («) 


178 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


Control  of 
officers. 


Books  of 
department. 


Duties  of 
board. 


Appointment 
and  dis- 
ciiarge  of 
offlcers. 


Further 
powers. 


in  whole  or  in  part,  by  the  said  board  of  commissioners,  and 
all  officers  of  the  water  department  of  said  city  shall  be,  from 
the  time  of  the  organization  of  said  board  of  commissioners, 
under  and  subject  to  the  control  of  said  board,  and  the  terms 
of  office  of  all  of  said  officers  are  hereby  made  subject  to  the 
termination  (^)  at  the  pleasure  of  said  board,  and  all  such  of- 
ficers shall  continue  to  perform  the  duties  now  devolved  upon 
them  by  the  ordinances  of  said  city,  until  the  board  shall 
otherwise  direct;  and  all  books,  accounts,  and  property  con- 
nected with  the  water  department  of  said  city,  or  any  office 
therein,  shall  be  used  and  disposed  of  according  to  the  di- 
rections of  said  board. 

(a)  The  ordinances  should  be  changed  in  the  manner  prescribed  by 
law. 

Mayor  and  Council  of  Wil.  vs.  McNabb.  (yr.  1006)  Munic.  Ct.  (De- 
cision  final.) 

(ft)    See  Sec.  6,  "a. " 

The  said  board  shall  keep,  or  cause  to  be  kept,  a  full  and 
true  account,  in  suitable  books,  of  all  permits  issued  for  the 
use  of  water,  and  all  moneys  received  on  account  of  use  of 
water,  according  to  the  provisions  of  any  ordinance  now  in 
force,  or  of  any  rules  («)  or  regulations,  hereafter  to  be  passed 
by  said  board,  and  for  all  labor  performed  or  materials  or 
supplies  furnished. 

(a)  As  to  the  legal  meaning  of  "rules,"  see  Sec.  76,  "a"  of  the 
Charter. 

Sec.  6.  The  said  Board  of  Water  Commissioners,  shall, 
in  its  discretion,  appoint,  employ  and  discharge  («)  all  officers, 
agents,  ministers  and  servants  necessary  for  the  manage- 
ment and  service  of  the  water  works,  and  for  the  collection 
of  the  revenue  arising  therefrom,  as  herein  provided,  and 
shall  determine  the  compensation  to  be  paid  to  each  one  so 
employed;  and  said  board  shall  make  all  needful  rules  and 
regulations  to  govern  its  own  deliberations,  and  for  the  ob- 
servance of  the  officers,  agents,  ministers  and  servants  by  it 
emploj^ed,  and  shall  determine  the  penalty  and  condition  of 
the  bond  to  be  given  by  each  of  such  officers,  agents,  minis- 
ters 'and  servants. 

(fl)  Prior  to  the  creation  of  the  Water  Department,  "The  Council" 
had  charge  of  the  w-ater  works,  and  had  appointed  Coyle  Chief  Engineer. 


ACTS  OF  THE  GENERAL   ASSEMBLY.  179 

The  Board  of  Water  Commissioners  discharged  Coyle  aud  appointed  Mc- 
Intire  in  his  place.  Coyle  brought  quo  warranto  proceedings  to  oust  Mc- 
Intire  from  the  office.  The  Court  went  into  the  matter  exhaustively,  de- 
clared the  Act  to  be  constitutional,  aud  that  the  Board  had  the  right  to 
appoint  Mclntire  Chief  Engineer. 

Coyle  vs.  TCcIntire,  7  Houst.  44  et  seq.   (yr.  1884) 
I 
Sec.,^]^q        The  said  board  shall  with  all  dispatch  prepare  Acquisition 
and  resoh  *       on  a  plan  for  the  permanent  water  works  best 
suited  to  I       circumstances  of  the  City  of  Wilmington,  cap- 
able of  affording  an  ample  daily  supply  for  the  inhabitants 
of  the  city,  and  may  acquire  for  the  City  of  Wilmington,  by 
contract  or  otherwise,  as  hereinafter  provided,  all  such  real 
estate  as  may  be  needed  for  the  construction  of  such  extend- 
ed water  works,  the  title  of  any  real  estate  so  purchased  to  ^itie. 
be  vested  in  The  Mayor  and  Council  of  AVilmington. 

(a)  Section  7  is  set  out  in  full,  and  considered  in  the  case  below 
mentioned.     The  Court  said : 

Grubb,  J.:  "  *  Section  7  does  not  itself  primarily  confer  the 
power  to  acquire  real  estate.  It  merely  recognizes  and 
reiterates  such  jjower  which  already  had  been  granted  in  Sec.  1.  The 
special  purpose  of  Sec.  7  was  to  make  it  the  mandatory  duty  of  the  Board 
to  supi^ly  the  defaults  of  the  Council 's  former  administration  of  the 
Water  Department  by  providing  a  permanent  and  adequate  system  of 
water  works  for  the  citv. ' ' 

Weldin  vs.  Wil.,  3  Penn.  472  at  481.   (yr.  1902) 

Sec.  8.    The  doing  of  all  work  and  the  furnishing  of  all  contracts. 
materials  (^)  and  supplies  for  the  water  works  shall  be  let  out 
by  the  Board  of  Water  Commissioners  ( ^ )  to  the  lowest  and  best 
bidder,  except  in  cases  where  it  is  not  practicable  to  do  such 
work  or  furnish  such  materials  and  supplies  by  contract. 
Notice  that  the  board  will  receive  proposals  for  such  work,  pi-oposais 
materials  or  supplies  shall  in  all  cases  be  published  at  least 
five  times,  the  last  publication  to  be  at  least  three  days  be- 
fore the  opening  of  the  bids,  in  two  papers  of  the  City  of 
Wilmington.      Such    notice    shall    state    the    kind    and    the 
amount  of  the  work  to  be  done  or  furnished,  the  place  where, 
and  the  period  within  which,  the  bids  wall  be  received.    Each  Bids. 
bid  must  be  signed  by  the  bidder,  and  be  accompanied  by  an  Act  of  March 
undertaking  signed  by  the  persons    ["or  a  thoroughly  re- d.' l.  839. 
sponsible   surety    company,    w^hich    company   or   companies  pany^may'"' 
must  be  acceptable  to  the  Board  of  Water  Commissioners"]  uponap-"*^ 
offered  by  the  bidder  as  his  sureties,  who  must,  in  all  cases,  P'^^g^'.^^^^^ 
be  resident  free-holders  of  the  City  of  Wilmington,  declaring  mfesfoners^" 


180 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Bond. 


Penalty  for 
violation  of 
contract. 


their  consent  to  be  such  sureties  in  the  event  of  the  contract 
being  awarded  to  such  bidder;  and  if  any  contract  be  so 
awarded,  and  such  bidder  shall  fail  to  complete  the  execu- 
tion of  a  contract  therefor,  with  security  for  its  performance 
approved  by  the  said  board,  such  bidder,  and.  s\i3  party  or 
parties  so  undertaking  for  him,  as  aforesaid,  and  a  be  liable 
to  pay  to  the  City  of  Wilmington  any  damagt  dev(t  may  be 
occasioned  to  said  city  by  such  failure.  ''f  ^ 

(a)  If  materials  be  furnished  to  a  contractor,  who  has  been  em- 
ployed by  the  city  in  building  water  works,  and  he  does  not  pay  for  the 
same,  a  mechanic  's  lien  cannot  be  entered  up  against  the  building,  for  it 
is  not  the  ascertainment  of  the  amount  of  the  liability  on  the  part  of  the 
municipal  corporation  for  its  own  debt,  and  it  is  a  general  principle  of 
law,  that  the  property  of  a  municipal  corporation  cannot  be  sold  under 
execution  process.  The  remedy  is  to  mandamus  the  city  to  raise  the 
amount  of  indebtedness  by  taxation. 

Emory  &  Co.  vs.  Coms.  Laurel,  3  Penn.  67  at  69.   (yr.  1900) 

Quinby  &  Co.  vs.  Wil.,  5  Houst.  26  at  31.   (yr.  1875) 

See  Sec.  2,  "  c "  of  the  Charter. 

(6)  It  expressly  says  in  the  above  section  that  the  Board  of  Water 
Commissioners  shall  make  the  contracts  for  the  city.  The  Mayor  has 
nothing  to  do  with  the  matter.  His  duty  is  purely  ministerial,  viz :  to 
sign  his  name  as  Mayor,  and  affix  the  corporate  seal,  to  all  contracts  thus 
made.  If  he  refuse,  the  Court,  upon  mandamus  proceedings,  will  order  him 
to  do  so. 

U.  S.  Sand  Filtration  vs.  Bird.   (yr.  1904)    App.  Dock.  p.  225. 

McCormick  vs.  Fisher,  5  Penn.  273  at  276.   (yr.  1903) 

See  Sec.  7,  "  a "  of  the  Charter. 


Duties  of 
City  Auditor. 


Auditor's 
books. 


Sec.  9.  The  City  Auditor  shall  examine  all  bills  against 
said  board,  and  indorse  them  as  correct  before  they  are  pre- 
sented to  said  board  for  payment.  («)  He  shall  also  examine 
and  countersign  all  drafts  or  orders,  and  withhold  his  sig- 
nature in  case  the  draft  or  order  is  made  without  sanction 
of  law,  or  with  any  circumstances  of  fraud  actually  or  pre- 
sumably attached  thereto,  in  all  of  which  cases  he  shall  re- 
port his  action  and  the  grounds  therefor  to  the  Board  of 
Water  Commissioners  at  its  ensuing  meeting.  The  board 
shall,  thereupon  duly,  carefully,  and  publicly  consider  the 
case,  and  shall  sustain  or  overrule  his  action  by  a  unanimous 
vote  of  all  the  members  of  said  board,  whereupon  it  shall  be 
the  duty  of  the  City  Auditor,  in  case  he  shall  be  overruled, 
to  countersign  the  said  draft  or  order,  in  which  case  he  shall 
be  exonerated  from  all  re.sponsibility  in  the  premises.  He 
shall  also  keep  a  book  or  books  in  which  an  exact  and  com- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  181 

plete  record  of  all  accounts  so  paid  shall  be  entered,  keeping 
a  debtor  and  credit  account  with  all  persons  doing  work  for, 
or  furnishing  goods  to,  the  said  board  in  any  manner. 

(a)    See  Section  39  of  the  Charter. 

Clirr    10*  *  *  *  *  *  *  *  *  Repealed. 

^^^-    ^^-  Act   of   April 

***********  9.  1885.     17 

D.  L.  888. 

Sec.  11.     If  any  member  of  said  Board  of  Water  Com-  Malfeasance 
missioners,  or  any  officer  of  said  board,  shall  at  any  time  ap-  or  otncers  of 
ply  to  his  own  use  any  of  the  money  which  may  come  to  his 
hands,  or  under  his  control,  by  virtue  of  this  Act,  or  which 
being  a  part  of  the  revenue   for   the  use   of  the  water  fur- 
nished by  said  works,  or  the  proceeds  of  the  sale  of  the  bonds 
.by  this  Act  authorized,  shall  in  any  way  come  to  his  hands 
or  under  the  control  of  any  such  member  or  officer,  the  per- 
son so  offending,  and  his  sureties,  shall  forfeit  and  pay  to  the  Forfeit. 
City  of  Wilmington  a  sum  of  money  which  shall  be  two-fold 
greater  than  the  sum  of  money  so  applied  to  the  use  of  the 
offender,  to  be  recovered  by  action  on  his  official  bond,  or 
otherwise  as  the  case  may  be. 

Sec.  12.  («)  For  the  purpose  of  defraying  all  the  cost  of  ac-  ? sue  bonds, 
quiring  real  estate  for  reservoirs,  laying  pipe,  purchasing  and 
establishing  engines,  constructing  (^)  all  (c)  the  works  contem- 
plated by  this  Act,  and  purchasing  water  rights,  the  City  of 
Wilmington,  on  the  requisition  of  said  Board  of  Water  Com- 
missioners, shall  issue  bonds,  (^)  each  for  the  sum  of  one  hun-  Amount. 
dred  dollars,  or  multiples  of  one  hundred,  payable  in  not 
more  than  thirty-five  years  from  date  of  issue,  to  be  denomi- 
nated "Wilmington  City  Bonds"  to  an  amount,  not  exceed- 
ing one  hundred  and  tw^enty  thousand  dollars,  bearing  in- 
terest not  exceeding  five  and  one-half  per  cent,  per  annum, 
and  the  Board  of  Water  Commissioners  may  sell  and  dispose 
of  the  same  on  the  most  advantageous  terms  possible,  but  no 
commission  or  other  compensation  shall  be  charged  or  paid 
to  any  member  of  said  board  for  effecting  the  sale  or  nego- 
tiation of  said  bonds.  All  the  aforesaid  bonds  shall  be  signed 
by  the  Mayor,  and  countersigned  by  the  Treasurer  and  City 
Auditor,  in  the  same  manner  as  other  city  bonds,  and  the 


182  ACTS  OF   THE   GENERAL   ASSEMBLY. 

record  thereof  shall  be  made  and  kept  by  the  City  Auditor 
and  Treasurer  respectively.  The  said  sum  of  one  hundred 
and  twenty  thousand  dollars,  shall  be  in  addition  to,  and  ex- 
clusive of  the  sum  of  sixty  thousand  dollars,  authorized  to 
be  borrowed  for  the  purchase  of  water  rights  for  said  city 
at  the  present  session  of  the  General  Assembly,  and  in  case 
the  said  board  of  commissioners  shall,  under  the  provisions 
of  this  Act,  take  control  of  said  water  department  before  the 
issue  of  said  bonds  to  the  amount  of  sixty  thousand  dollars, 
it  shall  be  the  duty  of  the  City  Council  to  complete  the  issue 
and  sale  of  said  bonds,  and  to  use  the  proceeds  of  the  same 
for  the  purchase  of  the  water-rights  contracted  for  by  said 
Council,  and  the  board  of  commissioners  shall  have  no  au- 
thority to  interfere  with  the  same. 

(a)  This  section  is  partly  set  out  and  discussed  in  the  case  below 
cited. 

Grubb,  J.:  "Section  12  was  enacted  in  contemplation  of,  and  in 
accord  with,  the  following  provision  of  Sec.  71  of 
,the  Wilmington  City  Charter  of  1883.  *  *  Hence  the  purpose  of  Sec. 
12  was  to  relieve  the  Board  as  the  agent  of  the  city  from  this  limitation 
of  said  Charter  provision,  and  permit  it  to  borrow  money,  if  it  deemed  it 
proper  to  do  so,  upon  the  city's  credit  to  an  amount  not  exceeding  $120,- 
000,"  &c. 

Weldin  vs.  WiL,  3  Penn.  472  at  483.  (yr.  1902) 

It  was  ' '  designed  to  be  a  temporary,  and  not  a  permanent  provis- 
ion."  id  484. 

(ft)  For  the  broad  meaning  of  the  word  "construct,"  in  this  sec- 
tion, see  above  case,  p.  486. 

(c)  For  a  construction  of  the  word  "all"  in  this  section,  see  above 
case,  p.  480. 

(d)  Grubb,  J.:     "The  bonds  authorized  or  referred  to  by  Section 

12  of  said  act,  amounting  to  $180,000,  were  issued 
and  the  proceeds  thereof  expended  as  provided  in  said  act,  and  no  por- 
tion thereof  is  now,  or  since  about  1889,  has  been,  in  the  possession  of 
said  board."  id.  473. 

The  above  case  decided  that  the  Water  Department  could  purchase 
real  estate  for  a  new  reservoir  and  pay  for  the  same  from  the  income, 
rents  and  receipts  of  the  water  works  in  the  hands  of  the  Department. 
id.  472. 

Deposit  of  gj.Q_  i'^     The  proceeds  of  the  sale  of  said  bonds,  and  also 

money.  '■  ' 

the  revenue  derived  from  the  water  works,  shall  be  received 
by  said  Board  of  Water  Commissioners  and  placed  on  de- 
posit in  such  bank  at  Wilmington,  as  shall,  from  time  to 
time,  be  the  depository  of  the  funds  of  the  city,  to  the  credit 
of  the  said  board ;  and  all  moneys  to  be  disbursed  thereon  on 


ACTS  OF  THE  GENERAL  ASSEMBLY.  183 

account  of  said  water  works,  shall  be  drawn  upon  warrants  warrants, 
sig'ued  by  the  President  of  said  board,  and  countersigned  by 
the  City  Treasurer  and  City  Auditor. 

Sec.  14.     The  water  rates   shall   be    fixed   by    the  said  "^vater  rates. 
Board  of  Water  Commissioners,  at  prices  that  shall  produce 
revenue  sufficient,  at  least,  to  pay  the  interest  on  the  water 
bonds  and  the  running  expenses  of  the  water  works.     Pro- 

„  „.  .  Proviso. 

vided,  that  m  no  case  shall  a  dwelling  house,  having  one  hy- 
drant in  the  yard  or  kitchen,  or  both,  be  charged  more  than 
five  dollars. 

[All  rents,  income,  receipts,  revenues  and  moneys  from  Act  of  March 
all  sources,  now  received,  or  hereafter  to  be  received,  by  the  b.'  l.  348.  " 
said  Board  of  "Water  Commissioners,  (excepting  the  annual 
appropriations  made  by  The  Council  to  said  Board),  shall 
be  paid  monthly  on  the  first  day  of  each  and  every  month  to 
the  City  Treasurer  for  the  use  of  the  City,  to  be  expended  for 
municipal  purposes  in  such  manner  as  the  Council  may  deem 
proper.] 

Sec.  15.     This  act  shall  take  effect  from  its  passage,  and 
all  acts  inconsistent  herewith  are  hereby  repealed. 
Passed  at  Dover,  April  18,  1883. 


AN  ACT  to  amend  an  act  entitled  ''An  act  to  establish  a^oD.  l.  i56. 
Board  of  Water  Comm.is.^ioners  for  the  City  of  Wilming' 
ton,  and  for  other  purposes." 

Section  1.     The  Board  of  Water  Commissioners  for  the  Public  bath 

house  may 

City  of  Wilmington  are  herebv  authorized  and  empowered,  at  be  con- 

^  ■  structed 

such  time  as  they  shall  deem  proper,  to  construct,  erect  and  near  water 

■^  115  works. 

maintain  a  public  bath  house  at  or  near  the  city  water  works 
on  the  Brandywine  river,  the  cost  of  such  bath  house  and  ex- 
pense of  maintenance  to  be  included  in  and  paid  as  one  of  the  Expenses. 

how  borne. 

operating  expenses  of  the  water  works  for  the  year  m  which 
such  cost  or  expense  is  incurred. 

Sec.  2.    That  for  the  better  protection  of  the  water  of  the 
Brandvwiiie    river    and   its   tributaries,  the  Board  of  Water 


184  ACTS  OF  THE  GENERAL    A.SSEMBLY. 

Two  patrol     Commissioners  for  the  City  of  Wilmington  are  hereby  given 

officers  may  .7  o  jo 

I'eapjDomted  power  and  authority  to  appoint  two  patrol  officers  who  shall 
the  pollution  \)q  vested  with  police  powers  and  who  shall  be  under  the  con- 

of  the  '■  ^ 

waters  of  the  trol  and  subiect  to  the  rules  and  regulations  of  the  Board  of 

Brandywine.  "  ..... 

^    .  ^.  ,.       Water  Commissioners.     Their  jurisdiction  shall  extend  to  the 

Jurisdiction.  " 

State  line  within  which  they  shall  have  authority  to  make  ar- 
rests for  any  violation  of  the  State  laws  in  regard  to  the  pol- 
lution («)  of  streams. 

Passed  at  Dover,  March  28,  1895. 

(a)  In  regard  to  the  pollution  of  streams,  see  Act  of  Feb.  4,  1864, 
12  D.  L.  Ch.  405;  Eev.  Code  p.  926. 

The  City  of  Wilmington,  as  a  riparian  proprietor  (independent  of 
the  above  acts)  is  entitled  to  pure  water. 

The  Chancellor:  It  "has  a  legal  right  to  the  flow  of  water  *  * 
in  its  accustomed  channel  and  in  its  usual  volume. 
It  has  a  legal  right  to  the  flow  of  said  stream  in  its  accustomed  'purity, 
unpolluted  by  riparian  owners  above. ' ' 

Jessup  &  Moore  Paper  Co.  vs.  Ford,  6  Del.  Ch.  52  at  70.  (yr.  1887)  ; 

Farman  vs.  Ford,  6  Del.  Ch.  47.   (yr.  1886) 

Harlan  &  Hollingsworth  Co.  vs.  Paschall,  5  Del.  Ch.  435  at  453.  (yr. 
1882) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  185 


CHAPTER  V. 

ACT    RELATING    TO    THE    HARBOR    OF    WILMING- 
TON. («) 


Page 
Act    Creating     the     Harbor 
Commissioners    and     Board 

of    Port   Wardens 185 

Act  to  Establish  Bulkhead 
Wharf  and  Pier  Lines  on 
the   Delaware   River 201 


Page 
Act  Authorizing  the  Mayor 
and  Council  to  Make  Ap- 
propriation for  the  Im- 
provement of  the  Chris- 
tiana   River    204 


Act   of   April 
18,   1883,  as 

AX  ACT  for  the  protection  of  the  Harbor  of  Wilmington,  and  tf^tch^27, 
the  improvement  of  the  navigation  of  the  waters  thereof,  ushed  as 

amended.    17 

Section  1.  That  Wm.  T.  Porter,  Franklin  B.  Colton,^-  ^-  ^^^• 
George  W.  Bush,  Geo.  A.  LeMaistre,  and  Washington  Jones,  Harbor  com- 
be and  they  are  hereby  constituted  and  appointed  commission-  ^-elted.^'^^ 
ers  to  do  and  perform  the  matters  and  things  hereinafter  pre- 
scribed, that  is  to  say :  The  said  commissioners  shall,  within 
two  years  after  the  passage  of  this  Act,  view  (^)  the  Christiana 
river  from  where  the  bridge  of  the  Philadelphia,  Wilmington 
and  Baltimore  Railroad  Company  crosses  the  same  to  the 
mouth  thereof,  and  the  Brandywine  river  from  M'here  the 
bridge  known  as  the  JMarket  street  bridge  crosses  the  same  to 
the  mouth  thereof,  and  that  part  of  the  river  Delaware  upon 
which  the  City  of  Wilmington  fronts,  and  the  shores  and  mar- 
gins of  said  rivers  within  the  limits  aforesaid,  and  fix,  alter, 
re-adjust,  establish  and  determine  lines  beyond  which  no 
wharf,  pier,  bulkhead  or  other  structure  or  obstruction,  shall 
be  erected,  placed,  or  maintained  in  the  tideway  of  said  rivers 
within  the  limits  aforesaid.  (^) 

(a)  For  an  interesting  account  of  the  powers,  &c.,  of  the  Board  of 
Harbor  Commissioners  in  regard  to  fixing  wharf  lines,  and  when  the  Court 
of  Chancery  will  interfere  on  the  ground  that  an  obstruction  has  been 
erected  in  a  navigable  river,  and  as  to  the  rights  of  rijiarian  proprietors, 
&c     see  the  case  of 

'  Harlan  &■  Hollingsworth  Co.  vs.  Pasehall,  5  Del.  Ch.  435.   (yr.  1882) 
In  the   above   case  the   Court   would   not   enjoin   the   building   of   a 


186 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


wharf  in  the  Christiana  Creek,  though  far  out  into  the  stream,  beyond  the 
wharf  line,  as  it  did  not  interfere  with  navigation  to  the  extent  of  be- 
coming a  public  nuisance,     id.  436. 
(See  Sec.  9,  "a"  below) 

(b)  Saulsbury,  Ch.:     In  the  year  1885   "Five  commissioners  were 

appointed  "  *  to  view  the  River  Christi- 
ana where  the  same  fronts  the  City  of  Wilmington,  and  thereupon  to  ad- 
just and  determine  a  certain  limit  on  each  side  of  the  Eiver  Christiana  to 
which  wharves  niav  be  hereafter  extended  out  into  the  said  River, ' '  &c. 
id.  at  449. 

(c)  See  the  act  entitled  "An  Act  to  establish,  bulkhead,  wharf  and 
pier  lines  on  the  Delaware  River,  in  front  of  the  City  of  Wilmington  and 
vicinity."   22  D.  L.  p.  5,  Act  of  March  8,  1901,  p.  201  this  volume. 


Commis- 
sioners' 
powers. 


Sec.  2.  In  the  performance  of  the  duties  aforesaid  the 
said  commissioners  may,  so  far  as  they  shall  deem  it  practi- 
cable and  expedient,  ratify  and  adopt  the  lines  established 
Avithin  the  limits  aforesaid  pursuant  to  the  act  passed  April 
9th,  1869,  entitled  "A  further  supplement  to  the  act  entitled 
'An  act  to  regulate  the  building  of  wharves  in  the  City  of 
Wilmington,'  passed  at  Dover,  February  6th,  1855,"  but  they 
shall  have  full  power  and  authority  to  alter  and  change  the 
same,  or  any  part  thereof ;  but  all  lines  so  ratified  and  adopted, 
and  all  so  altered  and  changed,  as  well  as  all  new  lines  fixed 
and  established  by  the  said  commissioners,  shall  be  described 
and  plotted  in  the  return  of  their  proceedings  hereinafter 
mentioned. 


May  estab- 
lish land 
marks. 


Surveyor. 


Oath,  by 
whom  ad- 
ministered. 


Sec.  3.  The  said  commissioners  for  the  purpose  of  ascer- 
taining and  establishing  said  lines,  shall  have  power  and  au- 
thority to  enter  upon  any  lands  adjacent  to  said  rivers  and 
there  fix  and  establish  such  landmarks  as  they  may  deem 
necessarj'  for  the  purpose  aforesaid.  And  said  commissioners, 
in  the  performance  of  their  duties  under  this  Act,  shall  have 
authority  to  take  to  their  assistance  and  employ  such  compe- 
tent and  skillful  engineer  or  surveyor  and  other  persons  as 
they  may  deem  necessary.  The  said  commissioners,  and  the 
engineer  or  surveyor  employed  by  them,  before  proceeding  to 
the  performance  of  their  duties  under  this  Act.  shall  be  sev- 
erally sworn  or  affirmed  to  perform  the  same  faithfully  and 
impartially  to  the  best  of  their  skill  and  judgment.  Such  oath 
or  affirmation  may  be  administered  by  the  Mayor  of  the  City 
of  Wilmington,  or  by  any  justice  of  the  peace  residing  therein. 


ACTS  OF   THE  GENERAL  ASSEMBLY.  187 

and  certificates  thereof  shall  be  annexed  to  the  return  of  said 
commissioners  and  be  recorded  therewith. 

Sec.  4.     The  said  commissioners,  as  soon  as  conveniently  Return  du- 

.     .  .       .  iilicate. 

may  be  after  adjusting,  determining,  and  establishing  such 

lines  as  aforesaid,  shall  make  return  of  their  proceedings  in 

the  premises,  in  duplicate,  under  their  hands,  or  the  hands  of 

a  majority  of  them,  to  the  Council  of  Wilmington,  together 

with  duplicate  plots,  showing  distinctly  the  said  lines,  with  Duplicate 
.  w  ,.  plots. 

such  courses,  distances  and  landmarks  as  they  may  have 
adopted  for  ascertaining  the  same.  And  the  said  Council  shall 
thereupon  cause  one  of  said  returns  and  plots  («)  to  be  filed  and 
preserved  in  the  office  of  the  Chief  Engineer  of  said  city,  and 
the  other  of  said  returns  and  plots  to  be  filed,  preserved  and  where  filed 

^  '_  and  recorded. 

r.ecorded  in  the  office  of  the  Recorder  of  Deeds  in  and  for  New 
Castle  County,  and  the  said  duplicate  returns  and  plots  re- 
spectively, and  the  record  thereof,  as  well  as  duly  certified 
copies  of  the  same,  or  of  the  record  thereof,  shall  be  competent  Evidence. 
evidence  for  all  purposes. 

(«)  Saulsbury,  Ch.:  "The  Commissioners  were  required  to  make  a 
return  of  their  proceedings  in  the  premises, 
with  a  plot  of  the  said  Eiver  Christiana,  showing  distinctly  the  said 
limits,  with  such  distances  and  landmarks  as  might  be  adopted  for  ascer- 
taining the  same.  The  return  and  plot  were  required  to  be  filed  and  pre- 
served in  the  office  of  the  City  Council. ' ' 

Harlan  &  Hollingsworth  Co.  vs.  Paschall,  5  Del.  Ch.  435  at  449.  (yr. 
1882) 

Sec.  5.  The  acts  of  a  majority  of  said  commissioners  shall  vacancies, 
be  valid  as  the  act  of  all  of  them ;  and  any  vacancy  occurring 
in  said  commission,  by  death,  resignation,  or  otherwise,  shall 
be  filled  by  the  remaining  commissioners.  The  Council  of  Wil- 
mington shall  fix  the  compensation  of  said  commissioners,  and 
provide  for  the  pavment  of  the  same.     The  compensation  of  compensa- 

.  *  .      tion.  how 

the  engineer,  surveyor,  and  other  persons  employed  bj"  said  paid, 
commissioners  in  the  execution  of  their  duties  under  this  Act, 
shall  be  fixed  by  said  commissioners,  and  provision  for  the 
payment  of  the  same,  as  well  as  for  the  other  necessary  ex- 
penses of  said  .commission,  shall  be  made  by  the  Council  of 
Wilmington,  from  time  to  time,  upon  certificates  by  said  com- 
missioners. 


188 


ACTS  OF  THE  GENERxVL   ASSEMBLY. 


Act  of 

20  D.  L.  667. 

Building  line 
for  wharves, 
&c. 


"WTiarves. 
&c..  hereto- 
fore erected 
not  affected. 


Proviso. 


Building  line 
may  be 
changed. 


Limit. 


Change  to  be 
recorded. 


May  re-es- 
tablish land 
marks. 


Sec.  6.  ["From  and  after  the  making  of  said  return  by  the 
said  commissioners  to  the  said  council  as  aforesaid,  no  person 
shall  erect,  place  or  maintain  in  the  tideway  of  said  rivers  or 
either  of  them,  Avithin  the  limits  aforesaid,  any  wharf,  pier, 
bulkhead  or  other  structure  or  obstruction  beyond  the  lines 
established  and  determined  by  said  commissioners  in  and  by 
their  return  as  aforesaid.  («)  Provided,  however,  that  the  es- 
tablishment and  determination  of  any  such  line  or  lines  by  said 
commissioners  as  aforesaid,  shall  not  render  unlawful  the 
maintenance  of  any  wharf,  pier,  bulkhead  or  other  structure 
which  before  that  time  had  been  erected  or  placed  in  the  tide- 
way of  either  of  said  rivers  bej^ond  such  line  or  lines.  And 
provided  further,  that  nothing  contained  in  this  section  shall 
be  construed  to  render  unlawful  or  to  prevent  the  erection  and 
maintenance  of  suitable  abutments,  piers,  piling  and  spans  for 
bridges  (^)  that  are  or  may  be  authorized  by  the  laws  of  this 
State  or  of  the  United  States,  or  the  erection  and  maintenance 
of  suitable  fenders  and  bulkheads,  for  the  protection  of  draw- 
bridges from  ice  and  freshets,  such  protecting  fenders  and 
bulkheads  not  to  extend  into  the  waterway  within  the  lines  of 
the  open  span  or  draw  or  obstruct  navigation  or  interfere  with 
the  free  passage  of  vessels  through  the  same ;  and  whenever 
such  protecting  fenders  or  bulkheads  shall  be  deemed  neces- 
sary for  the  safety  of  any  drawbridge  by  the  Levy  Court  of 
New  Castle  county  having  charge  of  the  construction  and 
maintenance  of  such  bridges  they  may  be  so  erected  and  con- 
structed. (^)  And  jjrovidedfurtJier, that  thehoardot  port  war- 
dens shall  have  power  in  their  discretion  to,  from  time  to  time, 
alter,  readjust  and  establish  the  exterior  lines  of  wharves, 
piers  and  bulkheads  in  any  of  said  rivers  within  the  limits 
named,  not  extending,  however,  said  exterior  line  beyond  the 
line  of  mean  low  water ;  and  in  every  such  case  such  alteration 
or  readjustment  shall  be  drawn  and  recorded  on  the  returns 
or  plots  mentioned  in  Section  4  of  this  act,  and  they  shall  have 
power  also  to  restore  and  replace  where  necessary  the  land- 
marks establishing  said  line  whenever  said  landmarks  shall  be 
found  to  have  been  destroyed  or  removed."] 

(a)  As  to  the  Delaware  Eiver,  see  Sec.  4  of  the  Act  named  in  Sec.  1, 
"  c ' '  of  the  above  Act. 

(b)  As  to  the  general  common  law  right,  as  a  riparian  proprietor,  to 


ACTS  OF  THE  GENERAL  ASSEMBLY.  189 

build  a  bridge,  &e.,  to  low  water  mark  in  front  of  his  land  abutting  on  a 
river,  see  case  of  State  vs.  Eeybold,  Jr.,  5  Har.  48-i  at  486.   (yr.  1854) 

(c)  This  power  granted  by  the  Legislature  to  the  Levy  Court,  is 
practically  without  limit.  The  Legislature  can  do  as  it  pleases  with  its 
streams. 

Harrington,  Justice:  "  *  all  navigable  rivers  within  the  State  be- 
long to  the  State,  not  merely  in  right  of  emi- 
nent domain,  but  in  actual  projjriety.  (135)  *  *  The  State  has  the  un- 
restricted right  of  a  proprietor  over  its  waters,  and  may  obstruct  or  close 
the  same  if  the  public  interest  or  convenience  requires  it  to  do  so.  As  a 
public  highway  it  is  free  to  all  citizens  for  navigation  or  fishery;  but 
when  the  Legislature  deems  it  more  beneficial  to  the  public  to  close  this 
highway  by  a  permanent  bridge,  or  to  exclude  the  fish  from  its  waters 
by  a  dam,  it  is  a  question  only  of  public  expediency,  and  furnishes  no 
just  ground  of  complaint  from  individuals  who  have  heretofore  enjoyed 
benefits  and  advantages,  which  may  be  abridged,  or  cut  off,  by  the  im- 
provement. ' ' 

Bailey  vs.  Eailroad  Co.,  4  Har.  389  at  396.   (yr.  1846) 


Wharf 


Sec.  7.    From  and  after  the  passage  of  this  Act,  no  per- 
son shall  erect,  place  or  maintain  in  the  tidewav  of  said  riv-  separate 

^  •  from  the 

ers,  or  either  of  them,  within  the  limits  aforesaid,  anv  wharf,  main  land 

'  "■    ^  not   allow- 

platform,  or  other  structure  supported  on  piles,  piers  or  able. 
abutments,  in  such  manner  as  to  leave  open  spaces  between 
such  piles,  piers,  or  abutments  above  the  level  of  low  water,  («) 
or  any  platform  or  hollow  wharf,  without  completely  sheath- 
ing the  sides  and  end  of  the  same  above  the  level  of  low 
water,  with  yellow  pine  or  oak  plank,  not  less  than  three 
inches  in  thickness,  or  construct  or  maintain  any  sluiceway  <3,„i^„.„,^,,„ 
or  culvert  above  the  level  of  low  water  in  any  wharf  or  other  ^,°ig^"°^'' 
structure  which  has  been,  or  may  be,  erected  or  placed  in 
the  tideway  of  said  rivers,  or  either  of  them,  within  the  limits 
aforesaid.  Provided,  that  nothing  contained  in  this  section  Proviso, 
shall  be  construed  to  render  unlawful  the  maintenance  of 
any  wharf,  platform,  or  other  structure  heretofore  erected 
or  placed  in  the  tideway  of  either  of  said  rivers,  supported 
on  piles,  piers,  or  abutments,  as  aforesaid,  or  to  render  un- 
lawful the  maintenance  of  any  sluiceway  or  culvert  hereto- 
fore constructed  above  the  level  of  low  water,  as  aforesaid, 
or  to  prevent  the  erection  or  maintenance  of  suitable  piers 
for  bridges  that  are  or  may  be  authorized  by  law.  and  noth- 
ing contained  in  this  section  shall  apply  to  the  river  Dela- 
ware. 

(a)   Saulsiiiry,  Ch.:     A  "riparian  proprietor  holds  to  the  low  water 
mark"   (453)   and  if  "a  reasonable  space"  is 


190 


ACTS  OF   THE  GENERAL  ASSEMBLY. 


License  from 
port  ward- 
ens. 


Penalty. 


Fine. 
Proviso. 


"left  for  the  passage  of  vessels,  then  it"  (a  wharf)  "is  not  an  unrea- 
sonable obstruction."  Harlan  &  Hollingsworth  Co.  vs.  Pasehall,  5  Del. 
Ch.  435  at  454-5.    (yr.   1882) 

State  vs.  Eeyboid,  Jr.,  5  Har.  484  at  486.   (yr.  1854) 
And  see  Sec.  4  of  the  Act  mentioned  in  Sec.  1,  "c"  (above)  of  this 
Act  relating  to  Harbor  Commmissiouers. 

Sec.  8.  Any  person  who  shall,  at  any  time  after  the  ap- 
pointment of  port  wardens  as  hereinafter  provided,  erect, 
place,  or  extend  in  the  tidcAvay  of  said  rivers,  or  either  of 
them,  within  the  limits  aforesaid,  any  wharf,  pier,  bulkhead, 
or  other  structure  without  having  first  obtained  therefor  a 
license  from  said  port  wardens  as  hereinafter  provided,  («)  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in 
the  Court  of  General  Sessions  of  the  Peace  and  Jail  Delivery, 
shall  be  fined  not  less  than  one  hundred  dollars,  nor  more 
than  one  thousand  dollars.  Provided,  however,  that  if  such 
wharf,  pier,  bulkhead  or  other  structure  shall,  under  the  pro- 
visions of  this  Act,  be  in  whole  or  in  part  a  public  nuisance, 
nothing  in  this  section  contained  shall  operate  to  bar  an  in- 
dictment for  maintaining  such  public  nuisance,  or  to  prevent 
the  abatement  of  the  same  by  said  port  wardens  in  manner 
as  hereinafter  provided. 

(a)  As  to  the  Delaware  River,  see  note  to  Sec.  7,  "a,"  last  line 
thereof. 


Nuisance. 


Abatement 
of  nuisance. 


Sheriff's 
writ. 


Sec.  9.  Any  person  who  shall  violate  any  of  the  provis- 
ions of  Section  6  or  Section  7  of  this  Act  shall  be  guilty  of 
maintaining  a  public  nuisance,  («)  and  upon  conviction  thereof 
in  the  Court  of  General  Sessions  of  the  Peace  and  Jail  De- 
livery shall  be  fined  not  less  than  one  hundred  dollars  nor 
more  than  two  thousand  dollars,  and  said  court,  if  such  pub- 
lic nuisance  shall  not  then  have  been  abated,  shall  order  the 
Sheriif  of  New  Castle  County  fortliAvith  to  abate  the  same 
under  the  direction  of  the  Board  of  Port  Wardens  of  the 
City  of  Wilmington,  and  shall  issue  to  said  Sheriff  the  writ 
of  said  court,  commanding  him  to  levy  and  make  of  the  goods 
and  chattels,  lands  and  tenements  of  the  defendant,  the  costs 
and  expense  of  such  abatement  by  said  Sheriff,  and  all  the 
lands  and  tenements  of  the  defendant  within  New  Castle 
County  shall  be  bound  for  the  amount  of  said  costs  and  ex- 
pense from  the  time  of  the  issuance  of  said  order ;  such  writ 


ACTS  OF  THE  GENERAL   ASSEMBLY.  191 

shall  be  executed  upon  either  the  real  or  personal  property  ^f ^'^  ^P^ 
of  the  defendant,  or  both,  and  returned  on  the  first  day  of 
the  next  term  of  said  court,  the  Sheriff  giving  ten  days'  no- ^*?tice  of 
tice,  in  a  daily  newspaper  published  in  the  City  of  Wilming- 
ton, of  the  sale  of  the  property  levied  on,  by  the  advertise- 
ment describing  the  property  to  be  sold,  and  appointing  the 
day,  hour  and  place  of  sale  thereof.     The  sale  of  any  lands 
and  tenements  under  such  writ  shall  be  subject  to  the  confir- 
mation of  said  court,   and  upon  confirmation  thereof  said  ^f°c^J,'^^**°" 
court  shall  order  the  execution  of  a  deed  or  deeds  to  the  pur-  ^^^^^  ^^ 
chaser  or  purchasers,    conveying   to   him,    her  or  them,  the  chaser. 
lands  and  tenements  so  sold.  (^)     Such  conveyance  shall  have 
the  same  operation  and  vest  the  same  title  as  a  deed  by  the  '^**^®- 
Sheriff  of  lands  and  tenements  sold  under  a  writ  of  venditioni 
exponas  issuing  out  of  the  Superior  Court  of  the  State  of  Dela- 
ware.   If  such  sale  of  real  estate  shall  not  be  confirmed,  said 
court  may  issue  further  orders  of  sale  thereof,  to  be  executed 
in  like  manner.    The  purchase  money  of  real  estate  so  sold  Application 
shall  not  be  applied  to  the  payment  of  such  costs  or  expense  monev*^'^^^^ 
of  abatement,  but  shall  be  held  by  the  Sheriff,  subject  to  the 
order  of  said  court,  until  confirmation  of  the  sale.    Provided,  Proviso. 
however,  that  nothing  in  this  section  contained  shall  be  con- 
strued to  limit  or  qualifv  the  power  of  the  Chancellor  to  re-  ,    .  ,.    . 

/  ■  ^  _  _  Jurisdiction 

strain,  by  injunction,  the  erecting,  placing,  or  maintaining  of  Chan- 
in  the  tideway  of  said  rivers,  or  either  of  them,  within  the 
limits  aforesaid,    any    wharf,    platform,    pier,  bulkhead,  or 
other  structures  or  obstruction,  or  any  culvert,  or  sluiceway, 
contrarv  to  the  provisions  of  this  act.    And  provided  further,  Further 

^  X  /  J  proviso. 

that  said  Board  of  Port  Wardens  shall  have  full  power  and  „ 

^  Powers  of 

authoritv,  upon  wantten  complaint  at  anv  time  made  to  said  fo'"*, 

'■  ^  •  Wardens. 

board,  or  any  member  thereof,  by  any  person  whomsoever, 
forthwith  to  abate  and  remove  any  wharf,  platform,  pier 
bulkhead  or  other  structure  or  obstruction,  or  any  culvert, 
or  sluiceway  in  the  tideway  of  said  rivers,  or  either  of  them, 
within  the  limits  aforesaid,  so  far  as  the  same  shall,  in  the 
opinion  of  the  said  board,  violate  or  be  forbidden  by  the  pro- 
visions of  this  act,  or  any  wreck,  bar,  rock,  abandoned  ma- 
terial or  property,  or  other  accidental  obstruction  in  said 
rivers,  or  either  of  them,  within  the  limits  aforesaid,  which 


192 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Proviso. 


Injunction 
by  Chan- 
cellor, when. 


Costs,  how 
met. 


Sale. 
Notice. 


Proceeds  of 
sale. 

Residue,  to 
whom  paid. 


When  de- 
posited in 
bank. 


Board  may 
have  an 
action  for 
debt,  when. 


Proviso. 

Appeal  from 
judgment. 


shall,  in  the  opinion  of  said  board,  be  dangerous  to  naviga- 
tion; and  provided  further,  that  the  Chancellor  shall  have 
power  to  restrain,  by  injunction,  any  improper  exercise  by 
said  Board  of  Port  Wardens,  of  the  summary  power  of  re- 
moval or  abatement  hereinabove  conferred  upon  said  board. 
The  said  Board  of  Port  Wardens  shall  have  power,  for  the 
purpose  of  defraying  the  costs  and  expenses  of  such  abate- 
ment or  removal,  to  sell  any  property  or  material  so  removed 
at  public  sale,  first  giving  ten  days'  notice  thereof  in  a  daily 
newspaper  published  in  the  City  of  Wilmington,  by  adver- 
tisement, describing  the  property  to»be  sold,  and  appointing 
the  day,  hour  and  place  of  sale  thereof;  the  balance,  if  any, 
of  the  proceeds  of  said  .sale,  after  defraying  such  costs  and 
expense,  together  with  costs  of  sale,  to  be  paid  to  the  owner 
or  owners  of  such  property  or  material,  or,  in  case  such  own- 
er or  owners  be  unknown  to  said  Board  of  Port  Wardens,  to 
be  deposited  in  the  Farmers'  Bank  of  the  State  of  Delaware 
at  Wilmington,  to  the  credit  and  subject  to  the  order  of  the 
Court  of  General  Sessions  of  the  Peace  and  Jail  Delivery. 
The  said  Board  of  Port  AVardens  shall  also  have  power  to 
recover  the  amount  of  the  costs  and  expense  of  such  abate- 
ment or  removal,  or  any  part  thereof,  in  an  action  of  debt,  to 
be  brought  by  said  board  in  the  name  of  the  Board  of  Port 
Wardens  of  the  City  of  Wilmington,  against  the  owner  or 
owners  of  the  property  or  material  so  abated  or  removed,  or 
the  person  or  persons  who  shall  have  caused  or  maintained 
the  nuisance  so  abated  or  removed,  before  any  Justice  of  the 
Peace  in  the  City  of  Wilmington;  provided,  however,  that  an 
appeal  shall  lie  from  any  judgment  rendered  in  such  action 
of  debt  to  the  Superior  Court  of  the  State  of  Delaware,  as  in 
other  actions  of  debt  brought  before  said  Justices  of  the 
Peace. 

(a)  The  Chancellor:  "I  cannot  admit  it  to  be  true  that  the  mere 
fact  of  the  doing  a  particular  thing, — as  the 
driving  of  a  pile,  or  tlie  building  of  a  wharf  beyond  the  wharf  line  laid 
down  by  the  commissioners, — being  declared  unlawfiil,  will,  from  that  fact 
simply  constitute  the  pile  or  wharf  line  such  a  public  nuisance  as  will 
give  any  private  citizen  a  right  to  maintain  a  bill  in  this  Court  for  an 
injunction  to  restrain  it. ' ' 

Harlan  &  Hollingsworth  Co.  vs.  Paschal],  .5  Del.  Ch.  43.5  at  459.  (yr. 
1882) 

See  also  the  case  of  Gray  vs.  Baynard,  5  Del.  Ch.  499,   (yr.  1883) 


ACTS  OF  THE  GENERAL   ASSEMBLY.  193 

where  the  Court  held  that  the  building  of  a  bay  window  beyond  the  line 
fixed  by  law,  would  not  necessarily  entitle  one  to  an  injunction,  though 
it  would  subject  the  offender  to  indictment. 

(b)    See,  as  to  the  vesting  of  title,  Sec.  91,  "c"  of  the  Charter. 

Sec.  10.    Nothing  herein  contained  shall  be  taken  or  eon- Not  to  inter- 
strued  to  prevent  the  Council  (")  of  Wilmington  from  construct-  necessary 

,  .         .    .  ,    .  -,  drainage. 

mg  and  maintaining  proper  sluices,  culverts  and  waterways, 
for  the  drainage  of  said  city,  or  to  prevent  the  present  public 
drains  or  gutters  from  being  emptied  into  the  aforesaid  rivers 
or  either  of  them,  or  to  prevent  the  construction  or  mainte- 
nance of  sluiceways  or  waterways  for  the  drainage  of  marsh 
or  lowlands  on  said  rivers. 

(a)    The  Street  and  Sewer  Department  has  jurisdiction,  now,  since 
1887. 

See  the  case  of  English  vs.  Wilmington,  2  Marv.  63.   (yr.  189-1) 
.      Murphy  vs.  Wil.,  5  Del.  Ch.  281.  (yr.  1879) 

Sec.  11.     Nothing  hereinbefore  contained  shall  be  con-  Pi'^sent 

^  wharf  lines. 

strued  to  alter  or  change  any  of  the  wharf  lines  established  on 
either  of  said  rivers  within  the  limits  aforesaid  pursuant  to 
any  former  act  or  acts  of  the  General  Assembly,  until  the  re- 
turn of  the  said  commissioners  shall  be  made  as  hereinbefore 
provided. 

Sec.  12-.    If  any  person  shall  willfullv  break,  pluck  up,  re-  wiiifui  inter- 

'  1        \        T  1        1  ■    1  ference  with 

move  or  deiace  any  post,  stone,  or  other  landmark  which  may  land  marks 
be  fixed,  set,  established,  or  adopted  by  said  commissioners  or 
Port  Wardens  under  the  provisions  of  this  Act,  he  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof,  shall 
be  fined  not  less  than  twenty  dollars,  nor  more  than  five  hun- 
dred dollars.  Provided,  nevertheless,  that  the  Council  of  Wil-  Proviso. 
mington  may,  in  any  proper  case,  in  its  judgment,  upon  writ- 
ten application,  by  ordinance  accord  to  any  person  the  right  to 
remove  any  such  post,  stone,  or  other  landmark,  upon  such 
terms  and  conditions  as  shall  be  prescribed  in  such  ordinance, 
and  as  shall  preserve  the  certainty  of,  and  the  means  of  ascer- 
taining the  lines  which  may  be  established  or  adopted  pur- 
suant to  the  provisions  of  this  Act. 

Sec.  13.     The  Council  of  Wilmington  shall,  at  its  third  flection  of 

°  '  Port  Ward- 

stated  meeting  in  June  next,  elect  by  ballot  a  Board  of  Port^^^- 


194 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Term  of 
office. 


Mode  of 
nomination. 


Port  Ward- 
ens sworn. 


Election  of 

Master 

Warden. 


Vacancies. 


Wardens,  consisting  of  five  members,  to  hold  office  as  follows : 
One  for  one  year,  one  for  two  years,  one  for  three  years,  one 
for  four  years,  and  one  for  five  years,  or  nntil  their  successors 
are  chosen.  And  the  said  Council  shall  annually  thereafter  in 
like  manner  elect  one  port  warden  to  succeed  the  one  whose 
term  of  office  shall  have  expired  as  aforesaid,  and  the  person  so 
elected  shall  hold  office  for  five  years,  or  until  his  successor  is 
chosen.  Whenever  Port  Wardens  are  to  be  elected  as  afore- 
said, the  Wilmington  Board  of  Trade,  a  corporation,  of  this 
State,  shall  nominate  in  writing,  at  least  five  days  before  such 
election,  at  least  two  persons  for  each  and  every  office  to  be 
filled  as  aforesaid;  and  the  said  Council  shall  elect,  as  afore- 
said, the  requisite  number  of  Port  Wardens  from  the  persons 
so  nominated,  and  in  case  said  corporation  shall  fail  to  make 
said  nominations  as  aforesaid,  said  Council  shall  elect  such 
persons  as  they  may  deem  jjroper.  The  said  Port  Wardens, 
before  entering  upon  the  duties  of  their  office,  shall  be  sev- 
erally sworn  or  affirmed  to  perform  the  same  faithfully  and 
impartially  to  the  best  of  their  skill  and  judgment.  Such  oath 
or  affirmation  may  be  administered  by  the  Mayor  of  the  City 
of  Wilmington,  or  by  any  Justice  of  the  Peace  residing  there- 
in, and  certificates  thereof  shall  be  filed  in  the  office  of  the 
Clerk  of  said  Council.  The  said  Board  of  Port  Wardens  shall 
annually  elect  one  of  their  number  Master  Warden,  who  when 
present  shall  preside  at  the  meetings  of  said  board,  and  shall 
perform  such  other  duties  as  may  be  prescribed  by  any  law  of 
this  State  or  ordinance  of  said  city.  The  acts  of  a  majority  of 
said  board  shall  be  valid  as  the  acts  of  all  of  them,  and  any 
vacancy  occurring  in  said  board  by  death  or  resignation,  shall 
be  filled  bv  the  remaining  members  of  said  board. 


Sec.  14.  Any  person  desiring  to  erect  or  extend  in  the 
for  license  to  tideway  of  Said  rivers,  or  either  of  them,  within  the  limits 
|rec  w  ai  .   ^^f ^^gg^j^j^  ^j^y  ^]^gpf  p jg^^  bulkhead,  or  other  structure,  («)  shall 

■  make  application  in  writing  to  the  Board  of  Port  Wardens  for 
a  license  therefor,  and  submit  therewith  a  plan  and  specifica- 
tions thereof;  and  if  such  erection  or  extension  may  be  law- 
fully made,  said  board  shall  grant  its  license  in  writing  for 
such  erection  or  extension.    Before  any  wharf,  pier,  bulkhead, 


ACTS  OF  THE  GENERAL  ASSEMBLY.  195 

or  other  structure,  shall  be  erected  or  extended  in  pursuance 
of  such  license,  the  correct  lines  thereof  shall,  under  the  direc- 
tion of  said  board,  be  furnished  by  the  Chief  Engineer  of  said  chf^f  E*n- 
city,  who  shall  prepare  a  plan,  in  duplicate,  of  the  location  of  s'neei"- 
such  wharf,  pier,  bulkhead,  or  other  structure,  one  of  which 
shall  be  delivered  to  the  person  receiving  such  license  and  the 
other  to  said  board,  to  be  filed  and  preserved  in  the  office  of 
the  Chief  Engineer  of  said  city.     The  said  Chief  Engineer 
shall  receive  for  his  services  as  aforesaid,  a  fee  of  ten  dollars,  ^®®^- 
to  be  paid  by  the  person  receiving  such  license. 

(«)   As  to  the  Delaware  Eiver,  see  note  to  Sec.  1,  "a"  of  this  act — 
the  last  line  of  said  note. 

Sec.  15.    The  breadth  of  water  front  appertaining  to  the  ^-k^er^front, 
land  of  each  proprietor  or  owner  on  the  banks  or  shores  of  m°ined^^^^' 
said  rivers,  within  the  limits  aforesaid,  shall  be  determined 
by  protracting  the  lines  of  such  land  to  the  line  established 
by  law  as  the  limit  to  which  wharves  or  other  structures  may 
be  built,  whenever  such  protraction  of  said  lines  will  not  re- 
sult in  giving  to  the  said  owner  more,  or  to  any  other  ripar- 
ian owner  less  than  his  proportionate  share  of  frontage  on 
said  wharf  line.  (")     But  in  case  of  conflict  between  riparian 
owners,  arising  from  the  divergence  or  convergence  of  the 
lines  of  their  lands,  or  the  lines  of  any  public  street,  when 
the  same  shall  be  protracted  as  aforesaid,  the  said  Board  of 
Port  Wardens  ( & )  are  hereby  authorized  and  empowered  to  port  w^ard- 
settle  and  determine  the  lines  and  bounds  of  said  owners 
within  the  tideway  of  said  rivers,  or  either  of  them,  and  the 
frontage  of  said  owners  respectively  on  said  wharf  line ;  and 
said  board  shall  thereupon  make  report  in  writing  of  their  Report  and 
determination  in  the  premises,  with  a  plot  of  the  lines  and 
frontage  so  established  by  them,  and  file  such  report  and  where  filed. 
plot  in  the  office  of  the  Chief  Engineer  of  said  city,  and  the 
same,  or  a  certified  copy  thereof,  shall  be  competent  evidence  Evidence, 
for  all  purposes.    In  the  performance  of  their  duties  under 
this  section,  said  board  may  call  to  their  assistance  the  Chief 
Engineer  of  said  city,  or  anv  other  competent  engineer  or 

,  -,1  •  n  •  •  •  Surveyor. 

surveyor,  who  shall  receive  for  his  services  m  the  premises 

such  compensation  as  shall  be  fixed  by  said  board,  to  be  paid  compensa- 


196 


ACTS  OP   THE  GENERAL   ASSEMBLY. 


Further 
powers. 


Proviso. 


by  the  persons  between  whom  such  conflict  shall  have  arisen, 
or  either  of  them,  as  said  board  may  direct. 

(o)  See  Sec.  6  of  the  Act  mentioned  in  Sec.  1,  "c"  of  this  Act. 
22  D.  L.  p.  5,  Act  March  8,  1901,  p.  203  of  this  volume. 

(b)  The  Attorney-General  settles  disputes  (in  regard  to  the  Dela- 
ware Elver)  of  this  kind  under  Act  March  8,  1901,  22  D.  L.  p.  5,  Sec.  6. 
See  Sec.  1,  ' ' c' '  of  this  Act,  p.  203  of  this  volume. 

Sec.  16.  The  said  Board  of  Port  wardens  («)  shall  have 
full  power  and  authority  to  direct  the  mooring  of  ships  and 
vessels  in  the  harbor,  and  the  position  and  number  in  which 
they  shall  lie  at  the  wharves  and  docks,  and  the  anchoring 
of  ships  and  vessels  in  the  Brandywine  and  Christiana  rivers 
within  the  limits  aforesaid,  and  to  make,  ordain  and  publish 
such  rules  (^)  and  regulations  in  respect  to  the  matters  in  this 
section  contained  as  they  shall  deem  fitting  and  proper,  with 
penalties  for  the  breach  thereof;  provided,  that  such  rules 
and  regulations  shall  not  be  contrary  to  the  constitution  and 
laws  of  the  United  States  or  of  this  State ;  and  provided,  also, 
that  no  penalty  so  prescribed  shall  exceed  the  sum  of  twenty 
dollars. 

(a)  See  See.  7  of  the  Act  March  8,  1901,  22  D.  L.  p.  5  (as  to  the 
Delaware  Eiver)  where  the  owners  of  wharves,  &c.,  may  lay,  or  moor,  or 
allow  to  be  laid  or  moored,  vessels  to  wharves,  and  charge  therefor,  p.  203 
of  this  volume. 

(6)   As  to  the  meaning  of  "rules"  see  Sec.  76,  "a"  of  the  Charter. 


Duties  of 

Port 

"Wardens. 


Compensa- 
tion. 


Sec.  17.  The  said  Board  of  Port  AVardens,  or  any  mem- 
ber thereof,  shall,  upon  application  of  the  master  or  owner 
of  any  vessel,  or  the  shipper  or  consignee  of  any  cargo,  com- 
ing into  port  in  a  damaged  condition,  view  the  said  vessel  or 
cargo,  and  certify  to  the  underwriters  or  other  parties  inter- 
ested the  extent  and  character  of  said  damages,  and  may  per- 
form such  other  duties  in  the  premises  as  are  usually  dis- 
charged by  such  officers.  And  the  said  board,  or  member 
thereof,  performing  such  service,  shall  receive  such  compen- 
sation therefor  as  shall  be  fixed  by  general  regulation  of  said 
board,  to  be  paid  by  the  party  requiring  such  service. 


by  bS°o"  ^^^-  1^-     Whenever  said  Board  of  Port  Wardens  shall 

ens\o^u'r^-     ^^^^  ^^  necessarv  or  expedient  to  purchase  or  acquire  any 
diase  lands,   ^^nd  on,  or  adjacent  to,  the  banks  («)  or  shores  (^)  of  said 


ACTS  OF   THE  GENERAL  ASSEMBLY.  197 

rivers.  (^)  or  either  of  them,  Avithin  the  limits  aforesaid,  or  any 
lawful  structure  in  the  tidewaj-  of  said  rivers,  or  either  of  them, 
within  the  limits  aforesaid,  (whether  such  land  or  structure 
be  within  or  beyond  the  lines  established  and  determined  by 
said  Commissioners  in  and  by  their  return  as  aforesaid,)  for 
the  purpose  of  improving  the  navigation  of  such  river  or 
rivers,  or  the  removing  of  obstructions  to  such  navigation, 
they  shall  for  that  purpose  make  application  in  writing  to 
the  Council  of  Wilmington,  therein  accurately  and  fully  de- 
scribing the  land  or  structure  proposed  to  be  purchased  or 
acquired  as  aforesaid,  and  the  new  wharf  line  or  lines  pro- 
posed by  them  to  be  established,  (if  they  shall  deem  any  such 
new  line  or  lines  necessary  in  such  case,)  together  with  a  plot 
of  the  same  made  under  their  direction  by  the  Chief  En- 
gineer of  said  city,  or  by  some  other  competent  engineer  or 
surveyor,  and  thereupon  the  said  Council  shall  have  power 
and  authority,  if  they  shall  deem  such  purchase  or  acquisi- 
tion necessary  or  expedient  as  aforesaid,  to  provide,  by  ordi- 
nance, for  such  purchase  or  acquisition ;  and  if  The  Mayor  council  may 
and  Council  of  Wilmington  shall  be  unable  to  agree  with  the  purchase. 
owner  or  owners  of  such  land  or  structure  for  the  purchase 
thereof,  the  same  may  be  taken  for  the  purpose  aforesaid,  in 
the  same  manner  and  subject  to  the  same  conditions  and  pro- 
ceedings as  are  or  may  be  prescribed  by  law  for  condemning 

,.,,„,  r«,T  -T-  Condemna- 

and  taking  lands  for  the  purpose  oi  extending,  widening,  tion. 
laying  out  or  opening  streets  in  said  city. 

(a)   Saulsbury,  Ch.:      "The  "bank"  is  the  outermost  part   of  the 

bed  in  which  the  river  naturally  flows." 
Harlan  &  Hollingsworth  Co.  vs.  Paschall,  5  Del.  Ch.  435  at  463.  (jr. 
1882) 

(&)   Saulsbury,  Ch.:     "Webster  thus  defines  "  shore:  "     "  The  coast 
or  land  adjacent  to  the  ocean  or  sea,  or  to  a 
large  lake  or  river. ' '     This  word  is  applied  jirimarily  to  the  land  con- 
tiguous to  water."  id.  464. 

(c)  Smilsbury,  Ch.:  "What  is  a  river?  "A  land  current  of  water 
bigger  than  a  brook"  (Johnson,  Diet.);  "A 
large  stream  of  water  flowing  in  a  channel  on  land  toward  the  ocean,  a 
lake,  or  another  river;  a  stream  larger  than  a  rivulet  or  brook."  (Web- 
ster, Diet.).  Every  river,  be  it  public  or  private,  has  a  bed,  shore  and 
bank.     Houck,  Riv*.  Sec.  6."  id.  463. 

Upon  the  purchase  or  acquisition  of  any  land  or  structure  proprfitton 
as  aforesaid,  the  said  Board  of  Port  Wardens  shall  cause  such  °^  Council. 


198 


ACTS  OF   THE  GENERAL  ASSEMBLY. 


What  to 
include. 


Proviso. 


New  wharf 
lines. 


Duties  of 

Port 

Wardens. 


Duplicate 
plots  and 
returns. 


Evidence. 

Compensa- 
tion of  Sur- 
veyor. 


land  or  structure,  within  a  reasonable  time  thereafter,  to  be 
dredged,  removed,  or  taken  away,  and  any  sum  of  money 
which  may  be  agreed  upon  as  the  value  of  such  land  or  struc- 
ture, or  assessed  as  damages  by  reason  of  the  taking  of  the 
same  as  aforesaid,  as  well  as  the  cost  of  dredging,  removing,  or 
taking  away  such  land  or  structure  as  aforesaid,  shall  be  in- 
cluded in  the  next  annual  estimates  and  appropriations  of  the 
said  Council  to  be  made  thereafter;  provided,  that  the  whole 
amount  appropriated  by  the  said  Council  in  any  one  year,  for 
the  payment  of  land  or  structures  purchased  or  condemned, 
and  for  the  cost  of  dredging,  removing,  or  taking  away  such 
land  or  structure  as  aforesaid,  shall  not  exceed  the  sum  of 
fifteen  thousand  dollars,  and  that  the  said  Council  shall  have 
power  to  borrow  such  sum,  or  any  part  thereof,  on  note  or 
bond,  if  necessary,  in  anticipation  of  said  annual  estimates 
and  appropriations.  When  by  proceedings  under  this  section 
it  shall  become  necessary  to  establish  any  new  wharf  line  or 
lines,  the  said  Board  of  Port  M^ardens  shall  have  power  and 
authority  to  establish  such  new  line  or  lines,  and  upon  the  ac- 
quisition or  condemnation  of  any  land  or  structure  by  such 
proceedings,  and  the  establishment  by  said  Port  Wardens  of 
such  new  line  or  lines,  it  shall  be  the  duty  of  the  said  Port 
Wardens  to  make  return,  in  duplicate,  of  their  proceedings  in 
the  establishment  of  such  new  line  or  lines,  under  their  hands 
or  the  hands  of  a  majority  of  them,  to  the  said  Council,  with 
duplicate  plots  showing  distinctly  such  new  line  or  lines,  with 
such  courses,  distances  and  landmarks  as  thej^  may  have 
adopted  for  ascertaining  the  same,  and  said  returns  and  plots 
shall  be  filed,  preserved  and  recorded  as  provided  in  section 
four  of  this  Act,  in  reference  to  the  returns  of  the  aforesaid 
commissioners,  and  the  said  duplicate  returns  and  plots  re- 
spectively, and  the  records  thereof,  as  well  as  duly  certified 
copies  of  the  same,  or  of  the  record  thereof,  shall  be  competent 
evidence  for  all  purposes.  The  compensation  of  the  said  Chief 
Engineer,  or  such  other  engineer  or  surveyor  as  may  be  em- 
ployed by  said  Board  of  Port  Wardens  in  execution  of  their 
duties  under  this  section  shall  be  fixed  by  said  board,  and  pro- 
vision for  the  payment  of  the  same,  as  well  as  for  the  other 


ACTS  OF  THE  GENERAL  ASSEMBLY.  199 

necessary  expenses  of  said  board  in  the  performance  of  their 
duties  under  this  Act.  shall  be  made  by  said  Council. 

Sec.  19.    The  said  Council  of  Wilmington  shall  at  its  sec-  glfr'iDOT  mL- 
ond  stated  meeting  in  July  next,  and  annually  thereafter,  elect  ^er. 
a  Harbor  blaster,  who  shall  be  nominated  by.  the  said  Board  of 
Port  Wardens.    Before  entering  upon  the  duties  of  his  office 
he  shall  be  sworn,  or  affirmed,  faithfully  and  impartially  to^^^j^ 
perform  the  same.     He  shall  be  the  executive  officer  of  said 
Board  of  Port  Wardens.     It  shall  be  his  duty  to  enforce  andj^^^.^^ 
superintend  the  execution  of  all  laws  of  this  State  and  all  or- 
dinances of  the  City  of  Wilmington,,  and  all  rules  and  regula- 
tions of  said  Board  of  Port  Wardens  in  relation  to  the  docks, 
wharves  and  harbor  of  the  said  city,  and  the  waters  of  the  said 
rivers  within  the  limits  aforesaid,  and  in  relation  to  the  regu- 
lating (")  and  stationing  ships  and  vessels  in  the  tideway  of  said 
rivers,  or  at  the  docks  and  wharves  within  the  limits  aforesaid, 
and  all  other  rules  and  regulations  of  said  Board  of  Port  War- 
dens.   It  shall  also  be  his  duty  to  enforce  any  and  all  orders  of 
said  board  touching  the  abatement  or  removal  of  obstructions 
or  public  nuisances, (^)  under  the  provisions  of  this  Act,  in  the 
waters  of  the  said  rivers  within  the  limits  aforesaid.    For  the 
purposes  aforesaid,  the  said  Harbor  ^Master  shall,  within  the 
limits  aforesaid,  have  all  the  power  and  authority  of  a  County 
Constable,  or  Police  Constable  of  said  city,  and  he  shall  have    °^'®'^- 
the  right  to  call  to  his  assistance,  in  discharge  of  his  duties,  the 
Sheriff,  or  any  constable  of  New  Castle  County,  or  any  police 
officer  of  said  city.     If  any  master  or  captain  of  any  ship  or 
vessel  shall  refuse  or  neglect  to  comply  with  the  directions  of 
the  said  Harbor  IMaster  in  matters  within  the  jurisdiction  of 
his  office,  or  if  any  person  whosoever  shall  obstruct  or  prevent  interference 
the  said  Harbor  ]\Iaster  in  the  execution  of  his  duties,  such  of  Harbor 
master,  captain,  or  other  person,  shall  be  guilty  of  a  misde-  derneanor.^ 
meanor,  and  shall,  upon  conviction  thereof,  be  fined  not  less 
than  twenty  dollars  nor  more  than  five  hundred  dollars.     The   ^  ^  ^■ 
said  Harbor  Master  shall  be  paid  by  the  Council  of  Wilming- 
ton such  salary  as  they  by  ordinance  may  determine. 

(a)   One  of  the  most  important  regulations  in  regard  to  ships  in  the 


200  ACTS  OF  THE  GENERAL  ASSEMBLY. 

tideway,  is  that  they  shall  keep  on  the  proper  side  in  sailing,  &c.,  espe- 
cially when  passing  other  vessels.     The  law  is  as  follows: 

Booth,  C.  J.:  "  It  is  contended  that  the  law  of  the  river  is  the  same 
as  the  law  of  the  road,  and  that  vessels  in  passing  are 
bound  to  keep  to  the  right.  *  *  The  law  of  the  road  is,  that  where  two 
carriages  meet  on  the  iniblic  road,  to  avoid  collision  each  shall  keej)  to  the 
right.  So,  in  reference  to  steamboats  meeting  each  other  head  on,  and  there 
is  not  room  to  i^ass  without  changing  course,  each  should  go  to  the  right. 
But  in  either  case  if  there  be  room  to  jjass,  a  carriage  or  a  boat,  though  on 
the  wrong  side  of  the  road  or  river,  is  not  bound  to  go  entirely  out  of  her 
track  to  get  around  another  carriage  or  vessel  which  is  so  far  out  of  her 
direct  route,  that  keeping  right  on  would  cause  no  collision  to  either, 
merely  in  order  to  pass  to  the  right. ' ' 

Steamboat  Co.  vs.  Whilliden,  4  Har.  228  at  231-232.  (yr.  1845) 

(fc)  If  a  vessel  ground,  though  it  be  an  obstruction,  it  is  not  a  pub- 
lie  nuisance. 

Booth,  C.  J.:  " No  law  prohibits  a  vessel  of  the  description  of  the 
plaintiff 's  from  proceeding  up  and  down  the  creek 
for  the  purposes  of  trade ;  nor  does  her  grounding  at  low  tide,  and  re- 
maining until  a  high  tide  might  enable  her  to  get  off,  constitute  a  public 
nuisance. ' ' 

Cummins  vs.  Spruance,  4  Har.  315  at  319.  (yr.  1845) 

Penalties.  ^EC.  20.    All  fines  and  penalties  imposed  by  this  Act,  or 

ered.'*^^°^"     ^.y  any  rule  or  regulation  of  the  said  Board  of  Port  Wardens, 

shall  be  recovered  in  the  name  of  the  State  of  Delaware,  and 

shall  be  for  the  use  of  The  Mayor  and  Council  of  Wilmington. 

Sec.  21.  All  violations  of  the  rules  and  regulations  of  the 
Jurisdiction.  g^^[^[  Board  of  Port  Wardens  shall  be  within  the  criminal  juris- 
diction of  any  municipal  court  that  has  been  or  may  be  estab- 
lished by  law  for  the  City  of  Wilmington,  and  such  court  may 
impose  any  fine  or  penalty  prescribed  for  the  violation  of  such 
rule  or  regulation,  not  exceeding  the  sum  of  twenty  dollars. 

Sec.  22.  All  laws  and  parts  of  laws  inconsistent  with  this 
Act  are  hereby  repealed,  and  the  power  of  revocation  of  this 
Act  by  the  Legislature  is  hereby  reserved. 

Passed  at  Dover.  April  18,  1883. 

Amended,  March  27,  1885. 


ACTS  OF  THE  GENERAL   ASSEMBLY.  201 

AX  ACT  to  Establish  Bulkhead,  Wharf  and  Pier  Lines  on  the  .^.-,  j^  ^  5 
Delaware  Biver,  in  front  of  the  City  of  ^Yilmington  and 
Vicinity. 
Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assembly  met : 
Section  1.    That  the  bulkhead  line  or  lines  of  solid  filling, 
and  the  pier  line  in  the  tide-waters  of  the  River  Delaware,  ly- 
ing betAveen  the  Christiana  River  and  the  northerh^  boundary 
of  Edgemoor,  opposite  the  City  of  Wilmington  and  Edgemoor, 
as  fixed,  established  and  adopted,  or  hereafter  to  be  fixed,  es- 
tablished and  adopted,  by  the  Secretary  of  War  of  the  United 
States,  under  the  acts  of  Congress  in  that  behalf,  are  hereby 
adopted  and  declared  to  be  fised  and  established  as  the  ex- ^^^.^^.j^^. 
terior  bulkhead  and  pier  lines  between  the  points  aforesaid,  as  J^J|,^^fi^^^^ ^^'^ 
such  exterior  bulkhead  and  pier  lines  so  fixed,  established  and  }i|ifg^/|n^|^^' 
adopted,  are  or  may  hereafter  be  shown  upon  the  manuscript  ^^g'gj'p'^.^tai  y 
map  or  maps,  report  or  reports,  filed  in  the  office  of  the  said  of  war. 
Secretary  of  War  or  AVar  Department. 

Sec.  2.     That  the  Secetary  of  State  is  hereby  authorized  secretary  of 
and  directed  to  procure  duplicate  copies  of  the  said  manu-  cure  dupii- 

.  •         j-r,  cate  copies 

script  map  or  maps,  report  or  reports,  accompanying  the  same  of  maps.  &c. 
from  time  to  time,  and  file  one  of  said  copies  in  his  office  at  his  office. 
Dover,  and  the  other  of  said  copies  in  the  office  of  the  Recorder  office  of  Re- 
of  Deeds  for  New  Castle  County ;  which  said  copies  when  so  Deeds.  New- 
filed,  or  certified  copies  thereof,  shall  be  competent  evidence  county. 

n  n  When'filed 

for  all  purposes.  shall  be  evi- 

dence. 

Sec.  3.    That  it  shall  not  be  lawful  to  fill  in  with  earth.  ^,  _     „  . 

Not  lawful 

stone  or  other  solid  material  in  the  tide-waters  of  said  river  to  fiu  in  be- 
tween estab- 

between  the  aforesaid  points,  beyond  the  bulkhead  line  or  iisiied  points 

'■  ■  Ijeyond  bulk- 

lines  of  solid  filling  by  this  act  adopted,  fixed,  established,  iiead  lines. 
laid  down  and  exhibited  on  the  aforesaid  map  or  maps,  re- 
port or  reports,  except  in  the  construction  of  duly  authorized 
piers ;  and  no  erection  or  structure  of  any  kind  shall  here- 
after be  erected,  allowed  or  maintained  beyond  or  exterior 
to  the  aforesaid  bulkhead  line  or  lines  of  solid  filling,  except 
duly  authorized  piers  which  shall  not  be  less  than  one  hun- 
dred and  fifty  feet  distant  one  from  the  other,  and  which 


202  ACTS  OF  THE  GENERAL  ASSEMBLY. 

shall  in  no  case  extend  beyond  the  lines  indicated  for  piers 
on  said  map  or  maps,  report  or  reports. 

Littoral  pro-  Sec.  4.     That  the   littoral   proprietors    abutting  on  the 

prietors  may  -rxi  /-n--  t->- 

erect  bulk-  Kivcr  Delaware,  between  Christiana  Kiver  and  the  northerly 
boundary  of  Edgemoor,  are  hereb}^  respectively  authorized 
and  empowered  to  erect  bulkheads,  wharves  and  piers  on  the 
line  or  lines  now  or  hereafter  to  be  fixed,  established  and 
adopted  as  provided  in  Section  one  (1)  of  this  act,  opposite 
their  respective  littoral  holdings  on  said  river,  between  said 
Christiana  Biver  and  the  northerly  boundary  of  Edgemoor ; 
and  to  fill  in  with  earth,  stones  or  other  material,  the  space 
or  spaces  between  said  bulkhead  line  or  lines  of  solid  filling, 
showm  or  exhibited  on  the  map  or  maps,  report  or  reports 
aforesaid,  and  the  westerly  bank  of  said  river,  (designating 
the  high  water  mark  thereof,)  between  said  Christiana  River 
and  the  northerly  boundary  of  Edgemoor  aforesaid.  Pro- 
vided, that  nothing  herein  contained  shall  operate  to  prevent 

United  states  the  United  States  from  utilizing  all  or  any  portion  of  the 

may  utilize  '^  -^     r 

space  for  de-  gpacc  between  said  bulkhead  and  the  westerly  bank  of  said 

posit  of  ^  "^  , 

dredging  ma~  rivcr  for  the  deposit  of  dredged  material  taken  from  said 

terial.  .  f  ^  .     , 

River  Delaware  in  the  progress  of  the  improvement  thereof, 

not  exceeding  twelve  feet  in  height  above  mean  low  water. 

Filling  in        And  provided,  further,  that  the  filling  in  of  said  space  be- 

subject  to  ^  _  ,  ^  _  ^ 

regulations    twccu  Said  liucs  bv  any  littoral  proprietor  shall  be  under 

ofWarDe-  "^  . 

partment.  and  subject  to  the  regulations  of  the  War  Department  of  the 
United  States. 

Sec.  5.     That  the  land  under  the  waters  of  said  river, 

within  the  limits  aforesaid  as  hereafter  determined,  on  the 

made  to  vest  front  of  the  littoral  holdings  of  said  littoral  proprietors  re- 

toraipro-^  '    spcctivcly,  and  between  the  bulkhead  line  or  lines  of  solid 

prie  ors.         filling,  as  showu  and  exhibited  on  the  maps  aforesaid,  and 

the  westerly  bank  of  said  river,  (designating  the  high  water 

mark  thereof),  shall  vest  in  fee  in  said  littoral  proprietors, 

their  heirs,  executors,  administrators,  successors  and  assigns, 

respectively.    And  when  a  suitable  bulkhead  shall  have  been 

General^and   Constructed  front  of  any  of  said  littoral  holdings,  of  any  of 

itate  ufpre^-  ^^^^  Httoral  proprietors,  it  shall  be  the  duty  of  the  Attorney 

therefor"^^    General,  upon  satisfactory  cAndence  to  him  of  that  fact,  and 


ACTS  OF  THE  GENERAL   ASSEMBLY.  203 

the  tender  to  him  of  the  reasonable  and  necessary  expenses 
of  preparing  the  conveyance  or  conveyances  hereinafter 
named,  to  seasonably  prepare,  and  of  the  Secretary  of  State 
to  forthwith  execute  under  the  seal  of  the  State,  a  grant  as- 
suring to-  said  littoral  proprietors,  respectively,  their  heirs, 
executors,  administrators,  successors  and  assigns,  the  lands 
under  water  in  front  of  their  respective  littoral  holdings 
aforesaid,  between  said  bulkhead  line  and  the  said  river 
bank. 

Sec.  6.    The  breadth  of  water  front  appertaining  to  each  Lengths  of 

'-  '-  '^  watei"  front 

littoral  proprietor  or   owner   of   land    abutting  on  the  said  determined 

^       ^  _  _  '^        _  by  extend- 

river  bank  shall  be  determined  by  protracting  the  line  of  the  jng  lines  of 

■^    ^  *=  lands  to 

land  to  the  bulkhead  line  established  under  this  Act,  wher-  bulkhead 

line. 

ever  the  protraction  of  said  lines  would  not  result  in  giving 
the  said  owner  more,  or  to  any  other  littoral  proprietor  less, 
than  his  proportionate  share  of  frontage  on  said  bulkhead 
line;  and  in  case  of  a  conflict  arising  from  the  divergence  or 
convergence  of  the  lines  of  said  littoral  proprietors,  or  of 
the  public  streets,  the  Attornev  General  is  herebv  authorized  Attomej^ 

'■  '..."..  General  to 

and  empowered  to  settle  the  said  lines  outside  of  said  river  have  juris- 

^  _         _  diction  m 

bank  so  that  equal  justice  shall  be  done  to  all  concerned.        case  of  dis- 

^  -*  pute. 

Sec.  7.    That  it  may  and  shall  be  lawful  for  the  said  lit-  Littoral  pro- 

-  prietors  may 

toral  proprietors,  respectively,  to  own  and  hold  all  bulk-  own  bulk- 
heads, docks,  wharves,  buildings  and  piers  that  hereafter  recover 
may  be  erected  pursuant  to  this  act  on  the  front  of  their  lit- 
toral holdings  respectively ;  and  to  use,  possess,  repair,  and 
keep  the  same  in  order,  and  to  lay  any  steamboat,  vessel,  or 
other  craft  at  the  same ;  and  to  demand,  take,  sue  for,  and 
recover  reasonable  wharfage, demurrage,  rent  or  dockage  of 
and  from  any  steamboat,  vessel,  or  other  craft  using  the 
same,  and  from  all  persons  who  may  use  said  bulkhead, 
docks,  wharves,  buildings  and  piers  in  any  way  whatsoever, 
and  shall  also  be  authorized  to  sue  for  and  recover  any  dam- 
age that  may  be  done  to  the  same. 

Sec.  8.    This  act  shall  be  deemed  and  taken  to  be  a  pub- 
lic act  and  shall  be  published  as  such ;  and  that  all  acts  and 


204  •    ACTS  OF   THE   GENER.VL   ASSEMBLY. 

parts  of  acts  inconsistent  with  the  provisions  of  this  act  be 
and  the  same  are  hereby  repealed. 
Approved  March  8,  A.  D.  1901. 


22  D.  L.  251. 


AN  ACT  to  provide   for  the  Improvement  of  the  Christiana 
Eiver. 


Appropria- 

Mayo/and  SECTION  1.     That,  from  and  after  any  future  appropria- 

wiimington  ^^^^  ^y  the  Federal  Government  for  the  purposes  of  the  im- 
provement of  provemeht  of  the  Christiana  River  as  hereinabove  designa- 
tiana  River  ^^^'  ^^^  Mayor  and  Council  of  Wilmington  be  and  it  is  here- 
tarv  to^n"^  by  authorized  and  directed  to  pay  to  such  person  or  persons 
tkin  b^'the  pl^ccd  in  charge  of  such  future  proposed  improvements  by 
Federal  Gov-  ^j^g  United  States  Government  a  sum  or  sums  of  money  not 

ernment. 

•exceeding  in  the  aggregate  sixty  thousand  dollars. 

Amount  paid  Provided,  however,  that  not  more  than  twenty  thousand 

year.  dollars  shall  be  paid  on  said  account  in  any  one  year ;  and 

further  provided,  that  prior  to  any  such  payment  so  to  be 
made,  the  person  or  persons  placed  in  charge  of  said  pro- 
posed improvements  by  the  United  States  Government,  shall 
render  to  the  said  Mayor  and  Council  of  Wilmington,  a  de- 
tailed estimate  as  far  as  possible  of  all  amounts  to  be  ex- 
pended in  the  course  of  said  improvements ;  and  further  pro- 
vided, that  no  such  payment  so  to  be  made  by  the  said  Mayor 
and  Council  of  Wilmington  shall  exceed  in  amount  the  sum 
of  ten  per  centum  of  the  sum  then  already  expended  as  shown 
by  the  statement  of  the  Federal  official  in  charge. 

Sec.  2.  That  the  said  sum  or  sums  to  be  paid  by  the 
How  paid.  ]\iayor  and  Council  of  Wilmington,  as  authorized  and  direct- 
ed by  the  provisions  of  the  preceding  Section,  shall  be  paid 
as  other  expenses  of  said  City  of  Wilmington  are  paid,  and 
shall  be  provided  for  by  ordinance  or  otherwise,  as  Council 
may  direct. 

Sec.  3.  That  this  Act  shall  be  deemed  and  taken  to  be  a 
public  Act,  and  that  all  Acts  or  parts  of  Acts  inconsistent 
herewith  be  and  the  same  are  hereby  repealed. 

Approved  March  9,  A.  D.  1901. 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


205 


CHAPTER  VI. 

ACT  RELATING  TO  THE  POLICE  DEPARTMENT. 


Page    1  Page 

1.  Act   Creating   the    Board   of  3.     Act    Enabling    tine    IVIatrons 
Police   Commissioners    205  of    the    Police    Department 

2.  Act  Providing   for  a   Police  to    Participate    in     Benefits 
Pension    Fund    217               of    Police    Pension    Fund...     220 

.  Act  to  Regulate  the  Busi- 
ness of  Pawn  Brokers  and 
Junk    Dealers    221 

^.Y  ACT  to  provide  for  a  Municipal  Police  Commission  for  the  ^g  jy  -^  -^^^q^ 
City  of  Wilmington. 
Section  1.    The  police   department   of   the  City  of  Wil-Commis- 

^  -^  .  sioners,  num- 

mington  shall,  on  and  after  the  first  day  of  May,  A.  D.  eigh-  ber  of. 
teen  hundred  and    ninety-three,    be    under    the  control  and 
management  of  a  Board  of  Police  Commissioners,   («)  to  be 
composed  of  three  sober  and  discreet  persons  to  be  appointed 
as  hereinafter  designated. 

(a)   The  first  police  commission  act  was  passed  May  15,  1891. 

Nicholson,  Ch. :  "  *  the  Act  Providiug  for  a  Municipal  Police  Com- 
mission for  the  City  of  Wilmington,"  was  "passed 
May  15,  1891,  being  Chap.  223,  Vol.  19,  Delaware  Laws, ' '  &c. 

Bullock's  Admr.  vs.  Wil.  C.  Ey.,  5  Penn.  209  at  215-16.     (yr.  1905) 

(The  Act  of  1891  was  repealed  by  Sec.  13  of  the  present  Act  of 
1893.) 

Sec.  2.  That  William  M.  Pyle,  Patrick  Monaghan  and 
John  W.  Lawson,  of  the  City  of  Wilmington  and  State  of 
Delaware,  are  hereby  appointed  and  constituted  a  "Board  of 
Police  Commissioners"  for  the  said  city  under  this  Act,  with 
full  powers  to  act  as  such  for  the  term  of  two,  four  and  six 
years  respectively,  or  until  their  successors  shall  be  duly  ap- 
pointed. And  the  said  William  M.  Pyle,  hereby  appointed,  ^^^.^  ^^ 
shall  serve  for  the  term  of  two  years  from  and  after  the  said  office. 
first  day  of  May,  or  until  his  succecssor  shall  be  appointed ; 
and  the  said  Patrick  Monaghan,  hereby  appointed,  shall 
serve  for  the  term  of  four  years  from  and  after  the  said  first 


206 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Succeeding 
Commission- 
ers, how  ap- 
pointed. 


Present 
Commission 
ers  to  fill  va- 
cancies. 


Qualifica- 
tions. 


Removal  of. 


Shall  not 
hold  other 
municipal 
office. 

Politics  of. 


Bond. 


Certificate 
of  appoint- 
ment to  be 
recorded. 


day  of  May,  or  until  his  successor  shall  be  appointed;  and 
the  said  John  W.  Lawson,  hereby  appointed,  shall  serve  for 
the  term  of  six  years  from  and  after  the  said  first  day  of 
May,  or  until  his  successor  shall  be  appointed.  At  the  expi- 
ration of  the  term  of  office  of  either  of  the  said  commission- 
ers so  appointed,  the  vacancies  shall  be  filled  by  the  Asso- 
ciate Judge  of  the  Supreme  Court, ^  resident  in  the  County 
of  New  Castle,  of  the  State  of  Delaware,  by  the  appointment 
of  a  suitable  person,  who  shall  have  been  chosen  at  least 
thirty  days  next  preceding  the  expiration  of  the  said  term  of 
office.  Such  person  so  appointed,  shall  hold  office  for  and 
during  the  term  of  six  years  from  the  first  day  of  May  next 
ensuing,  or  until  his  successor  shall  have  been  appointed. 
The  Board  of  Police  Commissioners  shall  have  power  to  fill, 
and  shall  fill  any  vacancies  in  the  Board  of  Police  Commis- 
sioners, caused  by  the  death,  resignation  or  incapacity  to 
serve  of  any  of  the  three  said  commissioners  appointed  as 
aforesaid.  The  said  appointment  shall  only  be  for  the  resi- 
due of  the  unexpired  term.  No  person  shall  be  eligible  to 
appointment  as  a  member  of  the  said  board  who  shall  not  be 
a  citizen  of  the  United  States,  a  qualified  voter  of  this  State, 
and  a  resident  of  the  City  of  Wilmington  for  the  five  years 
last  preceding  his  appointment.  Any  member  of  the  said 
board  may  be  removed  for  cause  after  trial,  by  a  two-third 
vote  of  the  whole  "City  Council.'.'  («)  The  reason  of  removal 
shall  be  entered  -in  the  journal.  No  person  shall  hold  any 
other  municipal  office  while  serving  as  a  member  of  the  said 
board,  and  all  the  members  of  the  said  board  shall  not  at  one 
time  belong  to  the  same  political  party.  Before  entering 
upon  the  duties  of  office  (^)  as  commissioner,  each  member  of 
the  said  board  shall  enter  into  bond  to  "The  Mayor  and 
Council  of  Wilmington,"  with  one  or  more  sureties,  in  the 
penalty  of  ten  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  his  official  duties,  the  said  bond  to  be  approved 
by  the  Judge  of  the  City  Court  of  the  City  of  Wilmington, 
to  be  kept  and  recorded  by  the  clerk  in  the  office  thereof,  to- 
gether with  the  certificates  of  appointment  aforesaid,  and 


So  enrolled. 


ACTS  OF   THE  GENERAL  ASSEMBLY.  207 

shall  also  take  and  subscribe  before  the  said  judge  of  the 
said  court,  in  addition  to  any  oath  required  to  be  taken  by  ^^^^  °^  °^' 
other  municipal  officers,  (c)  the  further  oath  or  affirmation,  that 
in  every  appointment  or  removal  to  be  made  by  the  said 
board,  to  or  from  the  police  force,  created  and  to  be  organ- 
ized by  them  under  this  Act,  he  will  in  no  ease,  and  under  no 
pretext,  appoint  or  remove  any  policeman  or  officer,  or  other 
person,  for  any  other  cause  or  reason  than  fitness  or  unfit- 
ness, the  qualification  or  disqualification,  as  the  case  may  be. 
of  such  person,  officer  or  policeman,  in  the  best  judgment  of 
the  said  commissioner,  for  the  place  to  which  he  shall  be  ap- 
pointed or  from  which  he  shall  be  removed,  and  the  said  oath 
or  affirmation  shall  be  recorded  and  preserved  among  the  ^^^o*'*^  °^- 
records  of  the  said  court. 

(a)  The  Council,  in  addition  to  still  possessing  the  above  power, 
makes  appropriations  to  the  Department,  and  the  police  force  cannot  be 
enlarged  or  the  salaries  of  the  police  increased  without  its  consent.  This 
is  about  the  extent  of  its  powers. 

Nicholson,  Ch.:  "The  jiurpose  and  object  of  the  Street  and  Sewer 
Act  was  manifestly  to  take  the  whole  subject  mat- 
ter, of  the  construction,  and  also  the  regulation  and  use  of  the  streets, 
&c.,  from  ' '  The  Council, ' '  just  as  the  purpose  of  the  Water  Commission 
Act  was  to  take  it  away  as  to  water,  and  of  the  Police  Board  Act  as  to  the 
police. ' ' 

Bullock's  Admr.  vs.  Wil.  C.  Ey.,  .5  Penn.  209  at  217.  (yr.  1905) 

The  Act  of  1893,  (in  force  when  the  above  decision  was  rendered) 
took  the  powers  away  from  the  Mayor  and  the  old  Police  Commission ; 
though  the  Act  of  1891  took  all  powers  from  the  Mayor. 

(&)  As  to  the  phrase  "before  entering  upon  the  duties  of  his  of- 
fice," see  Sec.  11,  "a"  of  the  Charter. 

(c)   See,  as  to  said  oath,  Sec.  5  of  the  Charter. 

Sec.  3.     The  said  Board  of  Police  Commissioners  shall 
elect  their  own  president,  and  the  Chief  of  Police  for  the  City 
of  "Wilmington  for  the  time  being  shall  be  the  Secretary  of  secretary, 
the  said  board. 

Sec.  4.    The  duties  of  the  said  Board  of  Police  Commis-  Duties  of 
sioners  hereby  created  shall  be  as  follows:  ers. 

They  shall  at  all  times  of  the  day  and  night,  within  the 
boundaries  of  the  City  of  Wilmington,  preserve  the  public 
peace,  prevent  crime,  arrest  offenders,  protect  the  rights  of 
persons  and  the  rights  of  property,  guard  the  public  health, 
preserve  order  at  primary  meetings  and  elections,  and  at  all 


208 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


General 
powers. 


Repeal  of 
former  Act. 


public  meetings  and  conventions,  and  on  all  public  occasions^ 
prevent  and  remove  nuisances  in  all  public  streets  and  high- 
ways, and  all  other  places,  provide  proper  police  force  at 
every  fire  for  the  protection  of  firemen  and  property,  and  en- 
force all  laws  of  the  State,  («)  and  all  laws  and  ordinances, 
rules  and  regulations  of  the  City  of  Wilmington,  properly  en- 
forceable by  a  police  force.  In  carrying  out  and  effecting  the 
purposes  and  object  of  this  Act,  the  said  Board  of  Police 
Commissioners  shall  be  clothed  with  all  the  powers,  and 
stand  in  the  same  position  in  relation  to  the  organization, 
control  and  management  of  the  police  force  as  that  occupied 
by  the  Mayor,  and  Board  of  Police  Commissioners  created 
under  the  Act  which  is  hereby  repealed ;  and  shall  after  the 
first  day  of  May.  A.  D.  1893.  so  far  as  the  purposes  and  ob- 
jects of  this  Act  are  concerned,  be  substituted  for  the  com- 
missioners aforesaid,  with  the  same  rights,  powers,  privileges 
and  authorities  as  were  before  the  passage  of  this  Act,  by 
any  means  and  in  any  manner  whatsoever,  vested  in  the 
aforesaid  commissioners.  (^) 

(«)  A  failure  on  the  part  of  the  Department  to  enforce  State  laws 
will  not  render  the  city  liable  in  damages  to  anyone  injured  because  of 
the  same. 

Wolcoit.  CJi.:  "Now,  could  it  be  claimed  with  any  show  of  reason, 
that  the  duty  of  the  police  officers  to  break  up  street 
fights  and  brawls  is  not  a  public  duty,  and  that  for  the  non-performance 
or  neglect  thereof  the  municipality  would  be  liable  to  anyone  for  a  pri- 
vate injury  occasioned  thereby?  Clearly  not,  because  it  is  such  a  duty  as 
relates  to  the  execution  of  a  State  law,  and  the  officers  charged  therewith, 
though  servants  of  the  municipality,  are  to  the  extent  of  such  duty,  pub- 
lic officers,  and  for  the  neglect  to  perform  the  same,  no  municipal  liabil- 
ity attaches.  The  same  is  equally  true  as  to  the  duty  of  police  officers  in 
regard  to  nuisances. ' ' 

Mavor  and  Council  of  AVil.  vs.  Vandegrift,  1  Marv.  5  at  17-18.  (yr. 
1893) 

(6)  Nicholson,  Clt.:  "The  act  providing  for  a  Municipal  Police 
Commission  for  the  City  of  Wilmington, 
passed  May  15,  1891  *  *  provides  in  Sec.  4  that  "in  carrying  out  and 
effecting  the  purposes  and  objects  of  this  act,  the  said  Board  of  Commis- 
sioners shall  stand  in  the  same  position  as  is  now  occupied  by  the  Mayor, 
and  shall,  after  the  first  day  of  May,  A.  D.  1891,  so  far  as  the  purposes 
and  objects  of  this  act  are  concerned,  be  substituted  for  the  Mayor  afore- 
said, with  the  same  rights,  powers,  privileges  and  authority  as  were  be- 
fore the  passage  of  this  act,  by  any  means  whatsoever,  vested  in  the 
Mayor  aforesaid. ' ' 

Bullock's  Admr.  vs.  Wil.  C.  Ry.,  5  Penn.  209  at  215-16.  (yr.  1905) 
This  section  is  not  exactly  like  Sec.  4  of  the  present  Act  of  1893 
(which  was  in  force  when  the  above  decision  was  rendered).     Sec.  4  of 
the  present  act  substitutes  the  Department  for  the  ' '  Mayor  and  Board  of 


ACTS  OF  THE  GENERAL   ASSEMBLY.  209 

Police  Commissioners, ' '  in  one  place,  and  in  another,  merely  for  the 
' '  Commissioners. ' '  The  Act  of  1891  transferred  the  old  powers  of  the 
Mayor  (concerning  the  police)  to  the  Board  of  Commissioners  of  1891; 
and  the  Act  of  1893  need  only  to  have  transferred  to  the  new  Department 
the  powers  of  the  old  Board,  which  consisted  of  the  Mayor  and  two  other 
Commissioners. 

In  speaking  of  the  Street  and  Sewer,  Water  and  Police  Acts,  the 
Chancellor  said : 

"These  acts,  taken  together,  effect  the  partition  of  municipal  au- 
thority in  the  City  of  Wilmington."  id.  p.  216. 

Sec.  5.     The  said   Board    of   Police    Commissioners  are  pji-e  alarm 
hereby  given  entire    jurisdiction    and    control  over  the  fire  IrapiTsVs- 
alarm  and  police  telegraph  system  of  the  City  of  Wilming-  *®'^" 
ton,  and  shall  from  the  time  of  their  organization  have  entire 
management  of    the    instruments    and    batteries  connected 
therewith,  and  shall  have  the  appointment  of  all  officials  Appoint- 
whose  duties  pertain  to  the  same,  and  the  power  to  discharge  ^clafs.  °^  °^ 
any  or  all  of  the  said  officials,  whenever  in  their  judgment 
the  public  interest  may  require  it.     The  salaries  of  such  of-  ^^i^''^^^- 
ficials  shall  remain  the  same  as  are  now  provided  by  law.  All 
the  officers  and  rooms  which  are  now  used  for  police  purposes.  Rooms, 
as  well  as  for  the  fire  alarm  and  police  telegraph  system, 
shall  from  the  said  first  day  of  May  next  be  under  the  man- 
agement and  control  of  the  said  Board  of  Police  Commis- 
sioners. 

Sec.  6.     The  said  members  of  the  said  Board  of  Police  compensa- 
Commissioners  shall  be  paid  for  their  services  yearly  salaries  m*ernbeis  of 
•in  the  sum  of  five  hundred  dollars  each,  payable  quarterly.  ^°^'''^- 
The  said  Board  of  Police  Commissioners  are  hereby  author- 
ized and  required,  immediately  on  entering  upon  the  duties  poiice  force, 
of  their  office,  to  appoint,  enroll  and  employ  a  permanent  po-  ^Jnt^of. 
lice  force  («)  for  the  Citj^  of  Wilmington,  which  they  shall  uni-  uniforms. 
form  and  equip  as  they  may  deem  necessary  under  the  rules  ( ^ ) 
and  regulations  which  they  may  from  time  to  time  prescribe ; 
and  the  said  board  shall  have  power  to  remove  any  officer  of  re°move.*° 
police,  policeman,  or   other   person   from    the  force  for  the 
violation  of  any  rule  or  regulation  which  they  may  make. 
The  said  police  force  shall  consist  of  one  Chief  of  Police,  two  posed^"'"' 
captains  of  police,  and  such  number  of  sergeants  as  may  be 
deemed  necessary  for  each  police  district  in  the  said  city, 
and  sixty  men ;  which  police  force  may  be  increased  by  the 


210  ACTS  OF  THE  GENERAL   ASSEMBLY. 

said  board  from  time  to  time,  provided  there  is  passed  by  a 
majority  vote  of  the  "City  Council,"  a  resolution  recom- 
^i^ns^*^^'  mending  the  same.  The  qualifications  for  positions  of  of- 
ficer of  police  and  policeman  shall  be  good  moral  character, 
sobriety,  citizenship  in  the  United  States  and  the  State  of 
Delaware,  ability  to  read  and  write,  and  physical  strength 
and  courage.  No  person  who  has  been  convicted  of  a  crime 
of  felony  shall  be  eligible  to  the  position  of  officer  of  police 
or  policeman. 

(a)  This  section  limits  the  police  force,  and  it  may  not  be  increased 
without  the  consent  of  ' '  The  Council. ' '  This  Department  has  practically 
the  powers  the  Mayor  used  to  have  in  regard  to  the  police,  and  the  Court 
decided  that  the  Mayor  could  not  ajjpoint  the  dog  catcher  to  be  a  special 
police  officer. 

Comegys,  C.  J.:  " He  then  said  it  was  the  opinion  of  the  Court  that 
the  Mayor  had  no  authority,  under  the  Charter  and 
ordinances  of  the  city,  to  appoint  him"  (the  dog  catcher)  "a  constable 
or  policeman,"  &c. 

Foster  vs.  Mayor  and  Council  of  Wil.,  8  Houst.  415  at  419.  (yr.  1889) 

(ft)  As  to  the  meaning  of  the  word  "rules,"  see  Sec.  76,  "a"  of 
the  Charter. 

Salaries.  The  pay  of  the  ordinary  policeman  shall  be   [nine  hun- 

Act  of  March  dred]  dollars  per  annum,  and  the  said  salaries  shall  be  paid 
D.'  L.  828.  ""  monthly ;  officers  of  the  police  shall  be  paid  monthly,  and 
they  shall  receive  the  following  amounts  respectively : 

Act  of  March  Chief  of  Police  («)  shall  receive  [eighteen]  hundred  dollars 

d'  l^'s^'s  ""  P^r  annum;  each  captain  shall  receive  [twelve]  hundred  dol- 
lars per  annum ;  and  each  sergeant  of  police  shall  receive 
[one  thousand]  dollars  per  annum.     The  salaries  of  the  of- 
ficers of  police  and  police  officers  fixed  by  this  Act,  shall  not 
crersed"         ^®  increased  by  the  said  Board  of  Police  Commissioners,  un- 
less upon  a  resolution  from  the  ' '  City  Council, ' '  passed  by  a 
majority  vote  thereof  "recommending  the  same."    No  mem- 
ber of  the  police  force  shall  receive  any  other  compensation 
^m^pensa-     ^^^  ^^^^  scrviccs  on  the  police  force,  nor  as  informer,  from  the 
under^certaln  ^i^y,  or  any  pcrson  or  individual,  for  the  performance  of  any 
conditions,     (j^ty  connected  with  his  position,   [unless  upon  a  resolution 
7^*^1903  "'^FJ"  duly  passed  by  a  majority  vote  of  the  Board  of  Police  Com- 
D.  L.  827.      missioners  recommending  the  same.] 

(a)   The  Chief  of  Police,  under  the  Charter  of  1832,  was  appointed 


ACTS  OF  THE  GENERAL  ASSEMBLY.  211 

by  ' '  The  Council, ' '  and  was  appointed  annually.     In  case  lie  held  over, 
his  surety  was  not  liable  bevond  the  year. 

Mayor  and  Council  of  Wil.,  vs.  Horn,  2  Har.  190  at  192-3.  (yr.  1837) 

Any  person,  other  than  a  member  of  the  police  depart-  unlawfully 

•^    ^  '  -p  wearing  of 

ment,  who  shall  publicly  use  such  badges  and  uniforms  as  uniform  or 

p  1  0£LClg6. 

the  Board  of  Police  Commissioners  may  prescribe  for  the  use      . 

Using 

of  such  members,  or  shall  make  use  of  the  whistles,  calls  or  whistles, 

pp  ilg    Qj*    gig"- 

other  modes  of  signaling  that  are  used  by  the  police  depart-  nais. 
ment,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  melnor. 
conviction  thereof  shall  forfeit  and  pay  to  the  State  of  Dela- 
ware a 
dollars. 


ware  a  fine  not  less  than  five  dollars  or  more  than  twenty    ^^^  ^'' 


[In  addition  to  the  officers  heretofore  named,  the  said  Act  ^of^^Apru 
Board  of  Police  Commissioners  are  hereby  authorized  and  d-  l.  676. 
required  to  appoint,  enroll  and  employ  an  officer,  whose  duty  ^^^litionai 
it  shall  be  to  attend  at  the  public  square  bounded  by  Frank-  i^o^ce  otncer. 
lin  street,  Broome  street,  Seventh  street  and  Eighth  street  in 
the  City  of  Wilmington,  and  who  shall  perform  such  other 
duties  as  shall  be  prescribed  by  the  said  board.    The  pay  of 
such  officer  shall   be  seven   hundred   and    sixty   dollars  per 
year,  and  to  be  paid  monthly.] 

Sec.  7.    No  Chief  of  Police,  officer  of  police  or  policeman  prohibitions 
shall,  while  on  duty,  enter  any  drinking  saloon  or  other  place  Jirinkfifg^sa- 
where  liquors  are  to  be  sold  to  be  drunk  on  the  premises,  ex-  ioo"s. 
cept  in  the  discharge  of  his  duties,  under  penalty  of  immediate 
dismissal ;  no  officer  of  police  or  policeman  shall  be  a  member 
of  any  political  committee,  or  be  a  delegate  to  any  political  Pontics, 
convention,  or  shall  be  present  at  any  such  convention,  or  at 
any  primary,  special  or  general  election,  except  in  full  official 
uniform  discharging  the  duties  of  his  office,  or  shall  at  such 
place  or  in  any  public  place  engage  in  any  political  solicita- 
tion; nor  shall  any  such  officer  of  police  or  policeman,  nor  any 
special  officer  on  the  day  of  any  election  held  ^^^thin  the  limits 
of  the  said  city,  be  within  the  distance  of  thirty  feet  of  any 
voting  place,  except  for  the  purpose  of  depositing  his  vote,  or  At  voting 
to  quiet  an  actual  disturbance  of  the  public  peace,  nor  shall  he  p''^"®^- 
in  any  manner  attempt  to  influence  a  voter  as  to  the  casting  of 
his  ballot;  and  violations  as  to  the  provisions  of  this  section 


212 


ACTS  OF   THE  GENERAL  ASSEMBLY. 


Penalty. 


Cause  of  dis- 
missal to  toe 
recorded. 

Misde- 
meanor. 


Penalties. 


Suspension. 


shall  work  a  forfeiture  of  his  position,  and  it  shall  be  the  duty 
of  the  said  Board  of  Police  Commissioners  to  dismiss  him  from 
office,  and  enter  upon  the  record  the  cause  of  such  dismissal, 
and  he  shall  not  be  eligible  for  reappointment.  Any  violation 
of  the  provisions  of  this  Section  shall  also  be  a  misdemeanor, 
and  any  such  officer  of  police  or  policeman  being  convicted 
thereof,  shall  forfeit  and  pay  to  the  State  of  Delaware  a  fine 
not  exceeding  one  hundred  dollars,  or  be  imprisoned  for  a 
term  not  exceeding  six  months,  or  both  at  the  discretion  of  the 
court.  Upon  complaint  made  against  any  such  member  of  the 
police  force  to  the  Municipal  Court,  verified  by  affidavit,  if  the 
said  policeman  or  officer  of  police,  after  hearing,  shall  be  com- 
mitted or  bound  for  his  appearance  at  the  Court  of  General 
Sessions  of  the  Peace  and  Jail  Delivery  to  answer  the  charge, 
such  officer  of  police  or  policeman  shall  be  suspended  from  the 
force  during  trial.  («) 

(a)   It  may  not  be  amiss  to  state  here,  briefly,  a  few  of  the  general 
and  important  powers,  duties  and  liabilities  of  police  officers. 

An  officer  makes  an  ' '  arrest ' '  by  touching,  or  placing  his  hands  upon 
the  person,  although  this  is  not  absolutely  necessary.  If  he  constrain  the 
person  to  go  with  him  to  preA'ent  a  resort  to  force,  it  is  enough.  Only  such 
force  may  be  used  as  is  necessary  to  make  the  arrest,  and  for  excess  of 
force  the  officer  is  liable  criminally  and  civilly.  When  he  has  a  warrant, 
he  does  not  have  to  show  it  before  he  makes  the  arrest,  for  in  that  case 
the  person  might  escape.  After  the  arrest,  if  it  is  demanded,  the  officer 
should  read,  or  state  the  substance  of,  the  warrant.  If  the  offense  be  a 
misdemeanor,  the  officer  must  have  a  warrant,  unless  it  occur  in  his  pres- 
ence. If  it  be  a  felony,  he  can  arrest  without  a  warrant,  upon  what  one 
has  told  him,  or  upon  ' '  reasonable ' '  suspicion.  If  the  person  wanted,  be 
in  his  home,  whether  the  offense  be  a  misdemeanor  or  a  felony,  before  he 
can  break  open  doors  and  force  an  entrance,  he  must  first  ask  and  de- 
mand admittance.  If  it  be  a  misdemeanor,  he  must  have  a  warrant;  if  it 
be  a  felony  he  does  not  have  to  have  a  warrant.  Lastly,  if  an  officer  be 
in  pursuit  of  a  person,  and  the  offense  be  a  misdemeanor,  and  the  officer 
cannot  overtake  the  person,  and  he  is  sure  to  escape,  still  the  officer  can- 
not shoot  and  kill  him;  and  if  he  should  do  so,  it  has  been  held  to  be 
murder.  If  the  offense  be  a  felony,  and  the  officer  cannot  catch  him,  and 
the  person  is  about  to  escape,  the  officer  may  then,  but  not  till  then,  shoot 
and  kill  him,  to  prevent  his  escape. 
AEEEST 

Harrington,  Justice:  "To  constitute  a  legal  arrest  the  officer  must 
lay  his  hand  on  the  defendant,  or  otherwise 
take  possession  of  his  person.  He  must  make  him  his  prisoner  in  an  un- 
equivocal form;  *  *  .  it  has  been  decided,  that  if  an  officer  so  treat  a 
party  as  to  constrain  him  to  go  with  him,  to  prevent  a  resort  to  actual 
force,  this  is  an  imprisonment. ' ' 

Lawson  vs.  Buzines,  3  Har.  416  at  418.   (yr.  1842) 

State  vs.  Mahan,  3  Har.  568  at  569.   (yr.  1842) 

State  vs.  Townsend,  5  Har.  487  at  488.  (yr.  1854) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  213 

Petit  vs.  Colmery,  4  Penn.  266  at  270-271.    (yr.  1903)   quoting  lan- 
guage in  the  Buzines  case. 
FALSE  ABBEST  AND  IMPBISONMENT 

Harrington,  Justice:     "An  imi^risonment  is  any  forcible  detention 
of  a  man 's  person,  or  control  over  his  move- 
ments."    (See  above  note  as  to  imprisonment  by  constraint,  &c.) 

Lawson  vs.  Buzines,  3  Har.  416  at  418.   (yr.  1842) 

Murphy  vs.  Countiss,  1  Har.  143  at  143-4.   (yr.  1833) 

Marshall  vs.  Cleaver,  4  .Penn.  450  at  453.   (yr.  1903) 

Petit  vs.  Colmery,  4  Penn.  266  at  267.  (yr.  1903) 

McCaffrey  vs.  Thomas,  4  Penn.  437  at  441.   (yr.  1903) 

The  Court :     "     *    the  false  imprisonment,  if  proved,  will  entitle  the 
plaintiff  to  recover,  and  not  merely  for  the  time  the 
constable  was  bringing  him  to  jail,  but  for  the  whole  period  of  his  im- 
prisonment. ' ' 

Murphy  vs.  Countiss,  1  Har.  143  at  144.   (yr.  1833) 

WHAT  FOECE  MAY  BE  USED 

Booth,  C.  J.:     "A  person  having  authority  to  arrest  another  must 

do  it  peaceably,  and  with  as  little  violence  as  the  case 

will  admit  of;     *     *     if  resisted,  he  may  use  force  sufficient  to  effect  his 

purpose;  but  if  no  resistance  be  offered  or  attempt  at  escape,  he  has  no 

right,  rudely  and  wdth  violence,  to  seize  and  collar  his  prisoner. ' ' 

State  vs.  Mahan,  3  Har.  568  at  569.  )yr.  1842) 

State  vs.  O'Neil,  1  Houst.  Cr.  Cas.  468  at  473.  (yr.  1875) 

See  Petit  vs.  Colmery,  4  Penn.  266  at  269.  (yr.  1903)  (Officer  may 
take  assistance  with  him.) 

Nor  to  clutch  him  by  the  throat.  A  person  may  repel  this,  in  self- 
defence,  with  reasonable  force. 

State  vs.  Dennis,  2  Marv.  433  at  437.   (yr.  1895)   Gruhh,  J. 

"Nor  ever  beat  an  unresisting  man." 

State  vs.  Lafferty,  5  Har.  491.   (yr.  1854)     By  the  Court. 

Nor  subject  him  to  "any  cruel  or  unnecessary  exposure  *  *  fo 
cold,"  or  deprive  him  "of  suitable  clothing  or  covering  tvhile  he  is  in  the 
carriage  with,  and  in  the  custody  of  the  officer,"  cfc. 

Petit  vs.  Colmery,  4  Penn.  266  at  269.   (yr.  1903)    Boyce,  J. 

Nor  fire  or  shoot  into  one's  house,  if  the  person  wanted  has  not  fired 
at  the  officer. 

State  vs.  Oliver,  2  Houst.  585  at  608.   (yr.  1855)     Harrington,  C.  J. 

By  the  Court :     ' '  For  such  abuse  of  authority  he  would  be  very  prop- 
erly held  responsible,  even  to  an  exemplary  extent. ' ' 

State  vs.  Lafferty,  5  Har.  491.  (yr.  1854) 

State  vs.  Dennis,  2  Marv.  433  at  437.  (yr.  1895)  and  above  cases. 
ABBEST  WITH  OB  WITHOUT  WABBANT 

Lore,  C.  J.:  "It  is  well  settled  that  a  peace  officer  *  *  may  ar- 
rest a  person  without  a  warrant  for  an  offense  com- 
mitted in  the  presence  and  view  of  such  officer,  for  which  he  would  have 
a  right  to  make  the  arrest  with  a  warrant  if  committed  out  of  his  pres- 
ence," *  *  and  it  "must  be  made  at  the  time  of  the  commission  of 
the  offense,  or  in  the  immediate  pursuit  of  the  offender. ' ' 

Marshall  vs.  Cleaver,  4  Penn.  450  at  452.   (yr.  1903) 

McCaffrev  vs.  Thomas,  4  Penn.  437  at  440.  (yr.  1903) 

State  vs.Eussell,  1  Houst.  Cr.  Cas.  122  at  124.  (yr.  1862) 

(The  above  were  cases  of  persons  who  were  drunk  and  disorderly.) 

He  may  arrest  j^ersons  engaged  in  a  fight  "whom  he  found  actually 
engaged  in  it  at  the  time  he  came  up. ' ' 

State  vs.  Dennis,  2  Marv.  433  at  435.  (yr.  1895)    Grubb,  J. 

In  the  case  below  cited  an  officer  was  told  a  fight  was  going  on  in  a 
certain  place.     He  hurried  there,  and  saw  a  man  running  from  the  place 


214  ACTS  OF  THE  GENERAL  ASSEMBLY. 

and  arrested  him.  He  'was  one  of  the  guilty  men,  but  the  officer  did  not 
see  the  fight,  and  the  Court  held  the  arrest  illegal. 

State  vs.  Crocker,  1  Houst.  Cr.  Cas.  434  at  435.  (yr.  1874)  Gilpin, 
C.  J. 

In  the  ease  below  cited  the  Court  held  differently,  in  a  breach  of  the 
peace  ease. 

Harringion,  J.  "A  peace  officer  *  ^  has  the  right  to  arrest, 
even  without  warrant,  a  person  concerned  in  a 
breach  of  the  peace,  or  other  crime;  or  when  he  has  rertso;!abZe  ground  to 
suspect  the  party  of  such  offense. ' ' 

State  vs.  Brown,  5  Har.  505  at  507.  '(yr.   1854) 

And  the  Court  held  an  officer,  without  warrant,  could  enter  a  dis- 
orderly house  to  suppress  disorder  and  arrest  disorderly  persons. 

State  vs.  Laflferty,  5  Har.  491.  (yr.  1854)  ;  and  see  3  Cyc.  Law  and 
Proced.  p.  893,  to  the  same  effect. 

"He  also"  (an  officer)  "has  a  right  at  common  law,  to  arrest  with- 
out a  warrant,  anyone  he  suspects  to  be  guilty  of  felony,  whether  he  acts 
upon  his  own  knowledge,  or  upon  facts  communicated  by  others. ' ' 

1  Am.  and  Eng.  Encyc.  Law,  p.  733. 
SEARCH  WABBANT 

Unless  the  warrant  expressly  give  the  right,  the  house  must  be  en- 
tered in  day  time,  and  not  at  night.  ' '  Night  time ' '  means  that  time 
when  the  sun  is  below  the  horizon,  except  that  period  of  time  just  after 
the  setting,  and  before  the  rising,  of  the  sun,  during  wliieh  time  there  is 
sufficient  light  to  discern  the  countenance  of  a  man.  This  space  of  time  is 
' '  dav  time. ' ' 

Petit  vs.  Colmery,  4  Penn.  266  at  271.   (yr.  1903) 
BBEAEING  INTO  ONE'S  HOUSE 

Harrington,  C.  J.:  "Thus  if  an  officer,  having  a  warrant  to  arrest  a 
man  for  a  crime  or  misdemeanor,  finds  him  at 
his  house,  he  may  not  break  into  the  house,  until  he  has  demanded  admit- 
tance and  been  refused.  He  may  not  attack  the  house  or  the  person  with- 
in with  violence,  until  he  has  been  resisted,  and  thus  obliged  to  resort  to 
violence;  he  may  not  fire  upon  the  house  or  the  person  within  it,  until  he 
has  been  so  fiercely  resisted  and  opposed,  as  to  make  that  kind  of  attack 
prudent  and  necessary. ' ' 

State  vs.  Oliver,  2  Houst.  585  at  606.      (yr.  1855) 

Houston,  J.:  "  Had  he  gone  to  List 's  door,  notified  him  of  his 
business  and  purpose,  and  demanded  his  surrender, 
and  he  had  refused  to  give  himself  up  to  him,  as  his  j^risoner,  he  would 
then  have  been  warranted  and  justified  in  forcing  an  entrance  into  it 
through  the  door  by  breaking  it  open,  if  necessary,  and  yet  even  in  that 
case  he  should  have  proceeded  to  make  the  arrest  as  peaceably  and  grave- 
ly as  possible,  and  without  angry  menaces  or  threats  of  vengeance  or 
violence. ' ' 

State  vs.  List,  1  Houst.  Cr.  Cas.  133  at  146.   (yr.  1863) 

(The  officer  in  this  case  chased  List  to  his  house,  and  reached  the 
door  before  List  could  close  it.  He  did  not  ask  List  to  surrender  or  let 
him  in,  but  forced  his  way  in.  List  shot  and  killed  the  officer  in  his  home, 
and  on  trial  for  murder,  was  acquitted  by  the  jury.) 

(A  man's  house  is  his  " castle,"  and  an  officer  should  not  overstep 
the  law  in  such  a  case.) 

"When  a  felony  has  been  actually  committed,  or  a  dangerous  wound 
given,  a  peace  officer  may  justify  breaking  an  entrance  door  to  appre- 
hend the  offender  without  any  warrant. ' ' 

1  Am.  and  Eng.  Encvc.  Law,  p.  748. 

State  vs.  Oliver,  2  Houst.  585  at  607.   (yr.  1855) 
WHEN  AN  OFFICEB  MAY,  AND  MAY  NOT,  SHOOT  A  FLEEING 

PERSON 


ACTS  OF  THE  GENERAL  ASSEMBLY.  215 

Gilpin,  C.  J.:     "AVhere  he  is  in  pursuit  of  a  felon,  or  one  who  has 
committed  a  felony  with  power  or  authority  to  arrest 
him,  and  he  cannot  overtake  him,  he  may  kill  him  to  prevent  his  escape 
from  him,  and  it  will  be  justifiable  in  law;  but  where  he  is  in  pursuit  of  a 
person  charged  with  a  misdemeanor  merely,  and  has  a  warrant  to  arrest 
him,  and  cannot  overtake  him,  he  is  not  justified  in  killing  him  to  prevent 
his  escape  from  him,  and  if  he  does,  he  will  be  guilty  of  murder." 
State  vs.  O'Xeil,  1  Houst.  Cr.  Cas.  468  at  473.   (yr.  1875) 
And  if  the  bullet  miss  the  fleeing  person,  and  kill  another,  it  will  still 
be  murder,  id.  474. 

State  vs.  List,  1  Houst.  Cr.  Cas.  133  at  144.  (yr.  1863) 
In   speaking   of   killing   one  for   a  misdemeanor,   in   the   case   below 
cited,  the  Court  said : 

Houston,  J.:    "    "it  will  at  least  be  manslaughter  in  contemjjlation  of 
law     under     any     circumstances,     and     may    amount     to 
murder,  when  they  are  of  a  wanton,  cruel  and  aggravated  character. ' ' 

State  vs."  List,   (above)   p.  144. 
W  ABB  ANT  DOES  NOT  HAVE  TO  BE  SHOWN  TILL  AFTER  AB- 
BE ST 

The  Court:    "     *    that  with  regard  to  a  known  public  officer    *    *  it 
was  not  necessary  for  him  either  to  produce  his  war- 
rant or  state  his  character  and  authority  before  making  the  arrest.     *     * 
it  might  be  defeated  by  the  ceremony  of  producing  and  explaining  a  paper 
before  the  arrest  is  made.     It  is  quite  time  to  produce  the  authority  on 
the  demand  of  the  party  arrested,  and  after  the  arrest. ' ' 
State  vs.  Townsend,  5  Har.  487  at  488.   (yr.  1854) 
Petit  vs.  Colmery,  4  Penn.  266  at  268.  (yr.  1903)    Boyce,  J.,  quoting 
the  above  language. 

A  few  of  the  principal  felonies  are:  Murder,  manslaughter,  arson, 
rape,  robbery,  burglary,  larceny,  forgery,  perjury,  sodomy,  kidnaj^ping, 
knowingly  receiving  stolen  goods,  assault  with  intent  to  commit  murder, 
&c. 

A  few  of  the  misdemeanors  are:  Drunkenness,  blasphemy,  wilful 
trespass,  disorderly*  conduct,  and  nuisances  in  general,  bigamy,  assaults 
and  batteries,  prize  fighting,  riots,  gambling,  obtaining  money  under  false 
pretences,  embezzlement  by  bailee,  embezzlement  by  cashier,  servant, 
agent  or  clerk,  &c. 

Sec.  8.    The  ordinances,  rules  and  regulations  of  the  said  Laws  reiat- 
city  now  in  force  relating  to  the  police  department  shall  re- Depart^enf 
main  in  force  until  the  same  are  changed  in  whole  or  in  part  ?o  ^onlinue^ 
by  the  said  Board  of  Police  Commissioners.  («)    The  Secretary  ^^anged. 
of  the  said  board  shall  keep  a  correct  copy  of  all  bills  for  ex-  duties  of 
penses  which  shall  be  approved  by  the  said  board  before  pay-  rliaUveTo 
ment.  ^"i^- 

(o)   The  ordinances,  &c.,  must  be  changed  in  accordance  with  law. 
Sec.  9.    The  said  Board  of  Police  Commissioners  shall  ap-,,  , 

^    Matrons. 

point  two  suitable  women  as  matrons  at  the  station  house  in 
the  said  city,  one  for  day  service  and  one  for  night  service, 
and  shall  supply  them  with  a  furnished  office  room  in  the  said 
station  house.     The  said  matrons  shall  be  subject  to  removal 


216 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Duties. 


for  cause  after  hearing  by  the  said  board,  which  is  invested 
with  exclusive  jurisdiction  in  the  premises.  The  duties  of  such 
matrons  shall  be  to  give  such  care  and  advice  and  perform 
such  other  public  duties  as  may  be  requested  and  proper  to 
female  prisoners  and  refugees  confined  in  the  said  station 
house. 


Physician  of 
the  Board. 


Qualiflca- 
tions. 


Duties  of. 


Salary  of 


Tenure  of 
office. 


Sec.  10.  The  said  Board  of  Police  Commissioners  are 
hereby  authorized  to  appoint  and  commission  annually  a  phy- 
sician of  integrity  and  capacity,  resident  of  the  City  of  Wil- 
mington, who  shall  have  practiced  therein  the  profession  of 
medicine  at  least  three  years  next  preceding  the  date  of  his 
commission,  to  act  as  physician  of  the  Board  of  Police  Com- 
missioners for  the  said  city,  under  such  rules  and  regulations 
as  the  said  board  may  prescribe  for  his  conduct.  The  duties 
of  such  physician  shall  be  to  examine  thoroughly  all  appli- 
cants for  positions  on  the  police  force  of  the  said  city,  and  to 
test  their  entire  fitness  in  every  respect  for  the  said  position; 
to  visit  all  policemen,  officers  of  police  and  turnkeys  who  may 
be  returned  as  sick,  and  report  their  conditions  to  the  said 
board ;  and  to  perform  all  other  professional  duties  in  connec- 
tion with  the  said  department  and  police  force  as  the  said 
board  may  from  time  to  time  direct.  The  annual  salary  of  the 
said  physician  shall  be  the  sum  of  three  hundred  dollars,  pay- 
able in  equal  monthly  installments ;  but  the  tenure  of  the  office 
of  the  said  physician  shall  be  determinable  within  the  ap- 
pointed year  for  cause  by  a  majority  vote  of  the  said  board 
and  under  their  exclusive  direction,  and  the  said  physician 
shall  be  compensated  only  up  to  the  time  of  such  determina- 
tion of  his  office  and  at  the  rate  of  the  annual  salary  afore- 
said. 


Annual  con- 
tingent fund, 


Expenses  of 
Police  De- 
partment, 
how  paid. 


Sec.  11.  The  said  Board  of  Police  Commissioners  shall 
be  allowed  an  annual  contingent  fund  of  one  thousand  dol- 
lars to  conduct  detective  secret  service  or  other  work  per- 
taining to  the  police  department,  when  in  their  judgment  it 
is  necessary. 

Sec.  12.  All  expenses  of  the  police  department,  includ- 
ing salaries,  shall  be  paid  by  "The  Council"  upon  bills  pre- 


ACTS  OF   THE  GENERAL  ASSEMBLY.  217 

sented  to  it.  marked  with  the  approval  of  the  Board  of  Po- 
lice Commissioners,  and  properly  audited  by  the  City  Audi- 
tor in  the  same  manner  as  other  bills  against  the  said  city 
are  now  passed. 

Sec.  13.  Chapter  223,  Volume  19,  Laws  of  Delaware  and 
all  other  laws  and  ordinances  inconsistent  herewith  are  here- 
by repealed,  and  it  is  further  provided  that  the  provisions  of 
this  Act  shall  not  be  operative  until  the  first  day  of  May,  A. 
D.  1893. 

Passed  at  Dover,  April  18,  1893. 


AN  ACT  providing  for  a  Police  Pension  Fund,  for  the  Mem-  24  d.  l.  369. 
hers  of  the  Police  Force  of  the  City  of  Wilmington. 

Section  1.  Whenever  a  member  of  the  police  force  of  the  ^^yj^g^  pouce- 
City  of  Wilmington  shall  have  become  disabled  or  incapaci-  J^flJ.^'^^'  ^^ 
tated  while  in  the  active  performance  of  official  duty  and 
whenever  any  member  of  said  force  who  has  performed  faith- 
ful continuous  service  as  such  member  for  a  period  of  not 
less  than  fifteen  years  shall  have  become  permanently  inca- 
pacitated from  performing  such  regular  active  duty,  he  may 
be  retired  by  the  Police  Commissioners  of  the  City  of  Wil- 
mington from  regular  active  services  and  placed  upon  the 
retired  list,  and  all  members  of  said  force,  who  shall  have 
performed  faithful  continuous  services  as  such  member  for  a 
period  of  at  least  twenty-five  years  may,  upon  their  own  ap- 
plication, be  placed  upon  the  retired  list,  whether  they  are 
disabled  or  not.  Each  person  so  retired  shall  be  entitled  to 
receive  from  the  fund  herein  directed  to  be  established  an  Hcemen  to 
amount  equal  to  one-half  of  the  amount  of  his  salary  at  the  ^®  pensioned. 
time  of  his  retirement,  so  long  as  he  may  remain  upon  the 
retired  list,  said  sum  to  be  paid  monthly,  provided  said  fund 
shall  be  sufficient  for  the  payment  of  all  persons  entitled  to 
receive  same,  and  in  case  it  shall  not  be  sufficient  for  that 
purpose  at  any  time,  then  the  claim  of  all  persons  entitled 
shall  abate  proportionately. 

Sec.  2.    No  member  of  said  force  shall  be  so  retired  until  ^e  ret/rlT  *° 
he  has  been  duly  notified  by  said  Police  Commissioners  of  °o[^'ce" 


218  ACTS  OF  THE  GENERAL  ASSEMBLY. 

their  intention  so  to  retire  him,  and  until  he  has  had  a  fair 
opportunity  of  being  heard  in  opposition  thereto,  provided 
that  any  member  of  said  force  deeming  himself  entitled  to 
the  benefits  of  this  Act,  may  make  written  application  to 
said  Police  Commissioners  for  that  purpose.    No  member  of 
amfned%^e^-     ^^^^  police  forcc  shall  be  placed  upon  said  retired  list  unless 
fore  retired,    j^g  shall  havc  first  undergone  an  examination  as  to  his  physi- 
cal condition  to  be  made  by  a  Board  of  Physicians,  consist- 
ing of  the  Police    Surgeon   of   the  City  of  Wilmington,  the 
family  physician  of  the  said  police  officer,  and  a  third  repu- 
table physician  of  the  City  of  Wilmington  to  be  selected  by 
the  other  members  of  the  said  Board ;  said  Board  shall  re- 
Report  of  ex-  port  in  writing  to  the  Police  Commissioners  the  result  of  said 
amination.     physical  examination  together  with  a  statement  as  to  how 
far,  in  the  opinion  of  said  Board,  the  officer  examined  is  in- 
capacitated from  performing  regular  active  duty  on  said  po- 
lice force ;  upon  the  receipt  of  said  report  of  said  Board  of 
Physicians,  it  shall  be  the  duty  of  the  said  Police  Commis- 
sioners to  appoint  a  committee  of  four  members  of  the  police 
force  of  the  City   of   Wilmington    (two   members  to  be  ap- 
pointed from  each  of  the  two  leading  political  parties),  to 
Hearing         hear  and  determine  the  matter  of  the  retirement  of  said  of- 
StSr   ficer,  and  the  Chief  of  Police  of  the  City  of  Wilmington  shall 
mended.         constitute  a  fifth  member  of  said  committee ;  and  after  such 
committee  of  five  shall  determine  in  favor  of  the  retirement 
of  any  officer,  the  Police  Commissioners  may  retire  such  of- 
ficer in  accordance  with  the  provisions  of  this  Act. 

Commission-  ggg  3     g^j^j  Commissioners  may  at  anv  time  require  any 

member^to  be  °^^^^  ^^  ^^^  retired  list,  except  those  retired  by  reason  of 
re-examined,  having  served  twenty-five  years,  to  be  re-examined  by  the 
surgeon  of  said  force  or  some  other  competent  physician  au- 
thorized by  said  Board  to  act  in  the  premises,  and  if  on  such 
When  retired  re-examination  said  officer  is  reported  capable  of  performing 
men  may  be  regular  dutv,  he  may  be  required  bv  said  Commissioners  to 

returned  to  '^  .  7  »>  j  . 

duty.  return  to  regular  duty  in  the  same  rank  or  grade  in  which 

he  was  serving  at  the  time  of  his  retirement. 
Pension  g^c.  4.     The  Board  of    Trustees    of   the    Police  Pension 

Fund 

Trustees.       Fund  shall  consist  of  the  members  of  the  Police  Commission 


ACTS  OF   THE   GENERAL   ASSEMBLY.  219 

of  the  City  of  Wilmington  or  other  Board  or  body  of  officials 
having  control  of  the  Police  Department  of  the  City  of  Wil- 
mington ;  the  Chairman  of  the  Finance  Committee  of  the  h°^  chosen. 
Council  of  Wilmington,  the  Chairman  of  the  Police  Commit- 
tee of  the  Council  of  Wilmington,  and  five  members  of  the 
police  force  of  the  City  of  Wilmington ;  said  five  members  to 
be  elected  annually  by  the  vote  of  the  members  of  the  police 
force  of  the  City  of  Wilmington.  The  presiding  officer  of 
the  Police  Commission  of  the  City  of  Wilmington,  or  of  any 
other  Board  or  body  of  officials  having  charge  or  control  of 
the  said  Police  Department,  shall  be  the  president  of  the  P^^esident. 
Board  of  Trustees  of  the  said  Police  Pension  Fund.  The 
Board  of  Trustees  of  the  Police  Peujsion  Fund  shall  appoint 
a  secretary  from  among  their  own  number.  The  said  secre-  ®"^'^^^^- 
tary  shall  execute  a  bond  for  the  faithful  performance  of  his 
duties  with  respect  to  the  Police  Pension  Fund  in  such  sum 
and  form  and  with  such  surety  as  will  be  satisfactory  to  the 
said  Board  of  Trustees.  The  cost  of  said  bond  shall  be  de- 
frayed from  the  proceeds  of  the  fund  hereinafter  created. 

Sec.  5.    All  moneys  collected  in  payment  of  fines  imposed  pension 
by  said  Police  Commission  upon  members  of  the  police  force,  ^j^^^^  sources 
all  moneys  deducted  or  withheld  from  the  pay  of  members  ^lerived. 
of  the  police  force  by  reason  of  absence  from  duty  from  any 
cause,  all  moneys  donated  to  this  fund,  all  moneys  derived 
from  the  sale  of  unclaimed  property  coming  into  the  posses- 
sion of  said  Police  Department  shall  be  credited  to  said  Po- 
lice Pension  Fund.    The  Trustees  of  the  Police  Pension  Fund 
may  also  receive  such  annual  sums  from  each  member  of  the 
police  force    as    he    may    voluntarily    agree  to,  to  be  paid 
monthly  to  said  Police  Pension  Fund,  which  sum  shall  not  be 
less  than  one  per  cent,  of  the  salaries  of  all  members  of  the 
police  force  of  the  City  of  Wilmington,  who  shall  participate 
in  the  benefits  of  said  Police  Pension  Fund.    The  City  Coun- 
cil of  Wilmington  shall  annually  appropriate  not  less  than  city  council 
tAvo  thousand  dollars  which  shall  be  credited  to  the  Police  tion!°^^^^' 
Pension  Fund. 

The  Treasurer  of  the  City  of  Wilmington  shall  be  the^ustodian 
custodian  of  said  Fund  and  shall  disburse  the  same  upon  f""*^- 


220 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


Investment 
of  said 
funds. 


written  order  of  the  Board  of  Trustees.  Said  Treasurer  shall 
execute  a  bond  for  the  faithful  performance  of  his  duties 
with  respect  to  this  Fund  and  in  such  sum  and  form  and 
with  such  surety  as  will  be  satisfactory  to  said  Board  of 
Trustees.  The  cost  of  said  bond  shall  be  defrayed  from  the 
proceeds  of  the  fund  herein  created. 

Sec.  6.  The  Board  of  Trustees  of  said  Police  Pension 
Fund  may  invest  any  part  of  said  Police  Pension  Fund  that 
thej'  may  deem  proper  in  national,  state,  county  or  munici- 
pality bonds,  or  in  first  bond  and  mortgage  on  improved  city 
real  estate,  said  Board  of  Trustees  shall  make  a  report  to  the 
City  Council  of  the  City  of  Wilmington  of  the  condition  of 
said  fund  on  the  first  day  of  April  of  each  year. 

When  retired  gEC.  7.    No  member  of  Said  police  force  shall  be  placed 

list  may  be  '■  ^ 

begun.  upon  said    retired   list    by    said  Police  Commissioners  until 

such  time  as  the  said  Police  Pension  Fund  created  by  Sec- 
tion 5  of  this  Act  shall  have  amounted  to  at  least  the  sum  of 
five  thousand  dollars. 

Sec.  8.     All  Acts  or  parts  of  Acts  inconsistent  with  the 
provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 
Approved  March  21.  A.  D.  1907. 


25  D.  L.  319. 


Matrons  to 
be  deemed 
members  of 
police  force 
for  certain 
purposes. 


AX  ACT  to  Enable  tJie  Matrons  of  the  Police  Department  of 
the  City  of  Wilmington  to  Participate  in  the  Benefits  of 
the  Police  Pension  Fund. 

Section  1.  That  the  matrons  employed  in  the  police  de- 
partment of  the  city  of  Wilmington  shall,  for  the  purpose  of 
participating  in  the  benefits  of  the  Police  Pension  Fund,  be 
deemed  and  taken  to  be  members  of  the  police  force  of  the 
Citj"  of  Wihnington,  and  shall  be  entitled  to  the  benefits  of 
said  fund  and  liable  for  all  assessments  and  bound  by  all  the 
rules  as  any  other  member  of  the  police  force  of  the  City  of 
Wilmington. 

Sec.  2.  That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with are  hereby  repealed. 

Approved  February  25,  A.  D.  1909. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  221 

AN  ACT  entitled  "An  Act  to  Eegulate  the  Business  of  Pawn.,^^  ^  g^g 
Brokers  and  Junk  Dealers   within  New  Castle   County, 
and  Bepealing  Chapter  374,  Vol.  20,  Laws  of  Delaware, 
and  Chapter  14,  Vol.  21,  Laws  of  Delaware.'' 
*********** 
Sec.  5.     That  every  person,  corporation  or  firm  conduct-  Pawn  brok- 

'    ^  '■  ers  and  junk 

ing  the  business  of  a  pawn  broker  or  junk  dealer  shall  keep  a  dealers  to 

book  or  books  in  which  shall  be  fairly  written  in  English  at  records,  &c. 

the  time  of  each  loan  or  purchase  an  accurate  account  and  de- 
Records, 
scription  of  the  goods,  articles  or  things  pawned,  pledged  or  what  to 

contain. 

purchased,  the  amount  of  money  loaned  thereon  or  the  amount 
of  money  paid  therefor,  the  time  of  pledging  or  purchasing 
the  same  and  the  rate  of  interest  to  be  paid  on  such  loan,  to- 
gether with  the  description  of  the  person  pawning  or  pledging 
oi"  selling  such  goods,  articles  or  things,  including  the  color  of 
his  complexion,  color  of  eyes  and  hair  and  his  or  her  stature 
and  general  appearance.    The  said  book  or  books  shall  be  pre- Police  de- 

'^  ^  ^  ^     ^         partment  of 

pared  by  and  furnished  to  such  person,  corporation  or  firm  so  Wilmington 
conducting  the  business  of  a  pawn  broker  or  junk  dealer  by  such  records, 
the  police  department  of  the  City  of  Wilmington  at  the  ex- 
pense of  such  person,  corporation  or  firm  so  conducting  the 
business  of  pawn  broker  or  junk  dealer.  "In  addition  to  the 
provisions  of  this  Act,  herein  specified,  it  shall  also  be  the  duty 
of  ?iny  person  or  persons  engaged  in  the  business  of  Pawn 
Broker,  to  furnish  to  each  applicant  or  customer  a  ticket  on 
which  is  printed  a  number  corresponding  with  the  number 
used  to  identify  the  article  placed  in  pawn,  also  the  amount 
given  in  cash,  together  with  all  charges,  and  the  total  amount 
to  be  paid  when  article  is  to  be  redeemed.  There  shall  also  be 
duplicate  tickets  as  above  which  shall  at  the  end  of  each  week 
be  returned  to  the  Chief  of  Police  of  the  Citv  of  Wilmington. ' ' 


Sec.  7.     The  said  book,  so  provided  for  in  Section  5  of  Record 
this  Act  shall  at  all  times  be  opened  to  the  inspection  of  the  spection  of 
Judge  of  the  Municipal  Court  of  the  City  of  Wilmington,  thccers. 
Attorney-General,  the  Deputy  Attorney-General  of  the  State, 
the  Chief  of  Police  and  the  Police  Officers  of  the  Citv  of  Wil- 


222  ACTS  OF  THE  GENERAL  ASSEMBLY. 

mington,  the  State  detectives  and  other  peace  officers  resident 
in  New  Castle  County. 


Certain  offl-  Sec.  12.     It  shall  be  the  duty  of  every  person,  corpora- 

CGrs  iTi3.y  ^ 

make  search  tion  or  firm  engaaed  in  the  business  of  a  pawn  broker  or  junk 

in  building.  . 

examine  any  dealer  Under  this  Act  and  of  every  person  employed  in  the 

pledged  ar-  »  i  .  -,      •  ,. 

tides  and       conduct  of  such  business  to  admit  to  any  and  every  part  of 

make  seiz-  .... 

ure.  the  premises  designated  m  the  license  at  any  time  any  member 

of  the  police  force  of  the  City  of  Wilmington  or  other  peace 
officer  of  the  State  to  examine  any  goods,  articles,  things, 
pledges,  pawns,  book  or  books  or  other  record  on  the  premises, 
and  to  search  for  and  to  take  into  possession  any  article  known 
or  believed  by  such  police  officer  of  the  City  of  Wilmington  or 
peace  officers  of  the  State  to  have  been  stolen,  and  such  police 
officer  of  the  City  of  Wilmington  and  peace  officer  of  the  State 
is  hereby  given  full  power  and  authority  to  make  any  such 
search  or  seiz.ure  as  is  provided  for  in  this  Act. 

Duty  of  such  ^^^-  ■^^-    ^^^^^  ^^  shall  at  all  times  be  the  express  duty  of 

se^^e  slioien    ^^^  pcrson.  Corporation  or  firm  so  conducting  the  business  of 

noti*fv  cer-      ^  pawu  broker  or  junk  dealer  to  seize  or  take  into  possession 

tain  officers,   ^ny  goods  offered  to  such  person,  corporation  or  firm  as  a 

pledge  or  pawn  or  for  sale,  which  such  person,  corporation  or 

firm  has  reason  to  believe  has  been  stolen  and  it  shall  further 

be  the  duty  of  such  jDcrson,  corporation  or  firm  to  immediately 

notify  the  police  department  of  the  City  of  Wilmington  of 

such  seizure  together  with  the  description  of  such  person  or 

persons  offering  such  goods  for  sale,  pawn  or  pledge. 


Penalty  for  ggc    16.     That  any  person,  corporation  or  firm  violating 

act.  any  of  the  provisions  of  this  Act  shall  be  guilty  of  a  misde- 

meanor and  upon  conviction  therefor  shall  forfeit  and  pay  a 
fine  of  not  less  than  fifty  dollars  ($50.00)  nor  more  than  one 
thousand  dollars  ($1000.)  for  the  use  of  New  Castle  County. 
' '  Provided  that  in  default  of  the  payment  of  any  fine  imposed 
under  the  provisions  of  this  Section  the  Court  shall  impose 


ACTS  OF  THE  GENERAL  ASSEMBLY.  223 

upon  conviction  a  term  of  imprisonment  of  not  less  than  one 

month  nor  more  than  one  year  for  each  and  every  offense. ' ' 

*********** 

Approved  April  9,  A.  D.  1907. 


224 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


CHAPTER  VII. 

ACT  IN  EELATION  TO  THE  STREET  AND  SEWER 
DEPARTMENT. 


18  D.  L.  352. 


Street  and 
Sewer  De- 
partment 
created. 

Act  of  March 
24,  1903.  22 
D.    L.    840. 


Extension  of 
streets. 


Control  of 
the  streets. 


Drainage. 


General 
powers. 


1.     Act  Creating  the   Board  of  Directors  of  tlie  Street  and  Sewer  Depart- 
ment. 

AN  ACT  in  relation  to  the  Streets  and  Sewers  of  the  City  of 

Wilmington. 

Section  1.  That  on  and  after  the  first  day  of  July,  A.  D. 
one  thousand  eight  hundred  and  eighty-seven,  (1887)  "The 
Mayor  and  Council  of  Wilmington,"  a  corporation  of  the 
State  of  Delaware,  is  hereby  authorized  through  the  agency  of 
a  board  of  directors  of  a  "Street  and  Sewer  Department"  («) 
hereby  created,  constituted  and  appointed,  their  successors  in 
office,  further  to  extend  or  to  widen  [or  alter  the  course  and  di- 
rection of]  an}'  street,  square,  lane,  road  or  alley  laid  down  upon 
the  map,  plan  (^)  or  ground  plot  of  the  City  of  Wilmington, 
and  likewise  to  lay  out  (<^)  all  necessary  new  streets,  squares, 
lanes,  roads  or  alleys  within  said  city,  except  where  heretofore 
expressly  prohibited  by  legislative  enactment  still  subsisting, 
and  after  the  time  aforesaid,  to  have  entire  jurisdiction  and 
control  within  the  limits  of  said  city  of  the  streets,  squares, 
lanes,  roads  or  alleys  thereof,  said  jurisdiction  and  control  to 
extend  from  building  line  to  building  line,  and  the  entire  juris- 
diction and  control  within  the  limits  of  said  cit}^  of  the  drain- 
age thereof,  and  may  open  gutters,  drains  and  sewers  within 
the  limits  thereof,  and  regulate,  maintain,  cleanse  and  keep 
the  same  and  the  natural  water  courses,  runs  and  rivulets 
within  said  limits,  open,  clear  and  unobstructed,  (^)  and  fur- 
ther, shall  after  the  time  aforesaid,  have  the  same  rights  and 
powers,  and  be  vested  with  the  same  authorit.y  over  the  said 
streets,  squares,  lanes,  roads,  alleys,  gutters,  drains,  sewers, 
natural  water  courses,  runs  and  rivulets  within  the  limits  of 
said  city,  as  are  now  held  and  exercised  by  "The  Council"  of 


ACTS  OP  THE  GENERAL  ASSEMBLY.  225 

the  said  City  of  Wilmington,  under  the  charter,  laws,  ordi- 
nances and  regulations  appertaining  to  or  in  any  manner 
made  for  the  government  of  said  city.  The  said  Directors  of 
said  Street  and  Sewer  Department  shall  also,  after  the  first 
day  of  July,  A.  D.  1887,  have  jurisdiction  and  control  over  the 
removal  of  all  ashes,  dirt  and  other  rubbish  incidental  to 
housekeeping  within  said  city,  as  fully  and  completely  as  ' '  The 
Council"  aforesaid  has  heretofore  had  and  exercised  said 
jurisdiction  and  control. 

(a)  Spruance,  J.:  "The  act  creating  the  Board  of  Directors  of  the 
Street  and  Sewer  Department,  passed  April  20th, 
1887,  Chap.  188  of  18  Del.  Laws,  expressly  gave  the  corporation,  through 
the  agency  of  said  Board,  the  rights  and  powers  in  respect  to  streets,  sew- 
ers, &c.,  which  were  heretofore  held  and  exercised  by  ' '  The  Council  "of 
the  city. ' ' 

Weldin  vs.  Wil.,  3  Penn.  472  at  48-9.   (yr.  1902) 

Nicholson,  Ch.:  "The  purpose  and  object  of  the  Street  and  Sewer 
Act  was  manifestly  to  take  the  whole  subject  mat- 
ter of  the  construction,  and  also  the  regulation,  of  the  use  of  the  streets, 
&c.,  from  '  *  The  Council. ' ' 

Bullock's  Admr.  vs.  W.  C.  Ey.,  5  Penn.  209  at  217.   (yr.  1905) 

(&)  If  the  city  open  and  grade  a  street  according  to  the  city  plan, 
it  is  not  liable  for  damages  caused  by  draining  water  upon  adjacent  prop- 
erty. The  property  owner  must  bring  his  property  to  grade.  But  the 
city  must  take  care  of  running  water. 

The  Court:  "The  owners  ^  ^  hold  them"  (lots)  "subject  to 
this  plan  *  *  and  are  bound  to  build  in  conformity 
with  that  plan. ' ' 

Clark  vs.  Wil.,  5  Har.  243.   (yr.  1849) 

(That  the  city  is  not  liable  in  damages,  for  change  of  grade,  is  horn 
book  law.) 

(c)  The  meaning  and  scope  of  the  phrase  "lay  out,"  &c.,  is  given 
below,  especially,  as  bearing  upon  the  word  ' '  widen. ' ' 

Lore,  C.  J.:  "While  there  was  authority  given  in  the  statute  to  lay 
out  a  new  road,  to  change  the  course  of  a  road  already 
laid  out,  or  to  vacate  a  road,  *  *  yet  there  was  no  power  given  there- 
in to  tviden  a  road. ' ' 

The  Court  held  the  word  ' '  change, ' '  standing  alone,  and  unmodified, 
could  mean  * '  alter. ' ' 

Petition  Alston  et  al,  1  Penn.  359  at  360.   (yr.  1898) 

On  the  same  matter  is  the  following: 

"Under  the  general  powers  of  the  commissioners  of  a  town,  con- 
ferred upon  them  by  their  charter,  in  relation  to  opening  new  streets  in 
it,  they  have  a  right  to  straighten  and  widen  a  public  road  laid  out  un- 
der a  previous  act  of  the  Legislature,  by  the  commissioners  appointed  un- 
der it." 

Lofland  vs.  Orton  et  al,  4  Houst.  622.   (yr.  1874)  syllabus. 

In  laying  out,  widening,  &c.,  streets,  roads,  &c.,  the  Street  and  Sewer 
Department  should  always  avail  itself  of  the  expert  and  professional  skill 
of  the  city  surveyor.     This  will,  generally,  avoid  liability. 

Huey  vs.  Eichardson,  2  Har.   206.    (yr.    1837) 

Harrigan  vs.  Wil.,  8  Houst.  140  at  143-4.   (yr.  1888) 

(d)  The  city  is  bound  to  keep  its  sewers  unobstructed. 


226 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Lore,  C.  J.:     "If     *     *     damage  resulted  from  obstruction  in  the 
sewer  by  reason  of  sand,  stones  and  other  refuse,  which 
the  city  negligently  permitted  to  be  and  remain  in  the  sewer,"  the  city 
is  liable  to  the  j^erson  or  persons  injured  thereby. 

Hessiou  vs.  Wil.,  1  Marv.  122  at  138.  (yr.  1893) 
In  the  above  case  the  Court  held  that  the  time  and  plans  of  enlarg- 
ing sewers,  even  when  known  to  be  inadequate,  as  well  as  the  time  and 
plans  of  the  original  construction  of  them,  were  all  within  the  discretion 
of  the  city,  and  that  it  was  not  liable  for  errors  honestly  made,  &c.,  in 
this  respect,     id.   137. 

See  Magarity  vs.  Wil.,  5  Houst.  530  at  537.   (yr.  1879) 
See  Harrigan  vs.  Wil.,  8  Houst.  140  at  153.   (yr.  1888)      (This  case 
must  be  read  with  the  Magarity  and  Hession  cases  to  understand  the  law 
correctly.) 

Directors.  ^^^-  ^-     That  Josepli  L.  Carpenter,  Jr.,  James  Murray, 

and  J.  Newlin  Gawthrop,  all  of  the  City  of  Wilmington  and 
State  of  Delaware,  are  hereby  appointed  and  constituted  a 
Board  of  Directors  of  the  "Street  and  Sewer  Department" 
for  said  city  under  this  Act,  with  full  power  to  act  as  such, 
for  the  term  of  two,  four  and  six  years  as  hereinafter  specified 
respectively'',  or  until  their  successors  shall  be  duly  appointed. 
That  at  the  first  meeting,  after  the  passage  of  this  act,  said 

offlcT.^  How  directors  shall  determine  their  terms  by  lot,  and  shall  certify 
eteimme  .  ^^^^  result  in  duplicate  to  the  City  Council  and  to  the  Recorder 
of  Deeds  of  New  Castle  County;  the  said  certificate  shall  be 
recorded  by  the  said  Recorder  of  Deeds,  and  the  original,  or 
the  record  thereof,  or  a  duly  certified  copy  of  the  record,  shall 
be  evidence  in  all  the  courts  of  this  or  elsewhere  State. ^  The 
director  who  draws  the  two  years '  terms-  shall  serve  to  and 
until  the  first  day  of  April,  A.  D.,  one  thousand  eight  hundred 
and  eighty-nine  (1889)  ;  the  director  who  draws  the  four  year 
term  shall  serve  to  and  until  the  first  day  of  April,  A.  D.,  one 
thousand  eight  hundred  and  ninety-one  (1891)  ;  the  director 
who  draws  the  six  year  term  shall  serve  to  and  until  the  first 
day  of  April,  A.  D.,  one  thousand  eight  hundred  and  ninety- 
three  (1893).  At  the  expiration  of  the  term  of  the  said  di- 
rector who  shall  draw  the  shortest  term,  and  biennially  there- 
after, the  place  of  the  retiring  director  shall  be  filled  hy  ap- 


So  enrolled. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  227 

pointment  by  the  ]\Iayor  of  the  City  of  Wilmington  for  the 
term  of  six  years.  («) 

(a)  The  Directors  are  public  officers,  but  municipal,  and  not  State, 
officers.  The  nature  of  their  duties  (not  the  method  of  their  appoint- 
ment) decides  their  status. 

Nicholson,  Ch. :  ' '  Thus  the  Governor,  in  the  first  instance,  appoint- 
ed the  Directors  of  the  Street  and  Sewer  Depart- 
ment. This,  according  to  the  above  contention,  would  make  them  State 
officers.  At  the  expiration  of  the  term  of  each  of  the  appointees,  his  suc- 
cessor under  the  law  is  appointed  by  the  Mayor.  Therefore,  after  the 
Mayor  made  the  first  appointment,  there  would  be  two  State  Directors 
and  one  city  Director,  and  so  on  as  each  new  appointment  was  made  un- 
til all  of  said  Directors  would  be  city  Directors. ' ' 

State  vs.  Churchman,  3  Penn.  361  at  371.   (yr.  1902) 

The  Chancellor  gave  the  above  illustration  to  show  the  absurdity  of 
the  contention  that  the  manner  of  one's  appointment  fixed  his  status  as  a 
State  or  city  officer. 

No  person  shall  be  eligible  to  appointment  as  a  member  of  who  are 

.  ,  -  .  p  •  o,  eligible  as 

said  board  who  shall  not  be  a  citizen  of  the  United  States,  a  members  of 
qualified  voter  of  the  State,  and  a  resident  of  the  City  of  Wil- 
mington for  the  last  five  years  next  preceding  his  appoint- 
ment.    Any  member  of  said  board  may  be  removed  for  mal-  Member  may 

.  .,  be  removed. 

feasance  m  omce  by  the  Mayor  of  said  city,  with  the  concur- 
rence of  two-thirds  of  the  whole  City  Council.  The  reason  for 
the  removal  shall  be  entered  in  the  journal.  The  meinbers  of 
said  board  shall  hold  no  other  municipal  office  during  his  or 
their  membership  in  said  board.  The  said  board  shall  have 
power  to  fill  and  shall  fill  any  vacancies  in  its  own  member- 
ship, except  where  there  are  two  or  more  vacancies  at  the  same  vacancies, 

..    -^      _         ^  _  how  filled. 

time,  in  which  case  the  Mayor  aforesaid  shall  appoint  directors 
to  fill  the  unexpired  term.  All  the  members  of  said  board 
shall  not  at  anv  one  time  belong  to  the  same  political  party,  shaii  not  be 

°  ^  -^        '^     of  same  po- 

Each  member  of  said  board  shall  before  entering  upon  his  I'ticai  party, 
duties,  in  addition  to  any  oath  required  to  be  taken  by  other 
municipal  officers,  (^)  take  and  subscribe  and  file  in  the  office  of 
the  IMayor  of  the  said  city  an  oath  or  affirmation  that  he  will 
faithfully  perform  his  duties  as  a  director  in  the  Street  and 
Sewer  Department  of  said  city,  and  that  he  will  neither  be 
concerned  nor  interested  pecuniarily,  either  directly  or  indi- 
rectly, in  any  contract  for  work  or  materials  furnished  for  or 
about  the  erecting,  construction  or  repairs  of  said  streets, 
squares,  lanes,  roads,  alleys,  gutters,  drains,  sewers,  natural 
water  courses,   runs    and   rivulets,    while    a   member  of  said 


228  ACTS  OF   THE  GENERAL  ASSEMBLY. 

board ;  and  further  that  he  will  not  be  controlled  in  any  vote 
or  action  as  a  member  of  said  board  by  political  or  partisan 
consideration. 

(&)    This  oath  is  contained  in  Sec.  5  of  the  Charter. 

Time  of  Sec.  3.     On  or  before  the  first  day  of  May,  A.  D.,  one 

oiganiza  :on.  ^j^Q^^gj^^^  eight  hundred  and  eighty-seven  (1887),  the  said  di- 
rectors of  said  department  hereby  constituted  shall  assemble 
and  organize  by  selecting  one  of  their  number  to  preside  over 
their  deliberation.  All  questions  arising  in  said  board  shall  be 
determined  by  a  vote  of  a  majority,  except  where  it  is  here- 
after otherwise  expressly  provided. 


Salary. 


Sec.  4.  The  said  directors  of  the  Street  and  Sewer  De- 
partment shall  be  paid  for  their  services  from  the  first  day  of 
April,  A.  D.  one  thousand  eight  hundred  and  eighty-seven 
(1887)  yearly  salaries  as  follows,  viz:  To  each  the  annual 
sum  of  five  hundred  dollars  ($500)  payable  quarterly.  The 
said  "The  Mayor  and  Council  of  Wilmington,"  may  after 
the  said  first  day  of  July,  A.  D.  one  thousand  eight  hundred 
and  eightj^-seven  (1887),  by  the  agency  aforesaid,  for  the 
purpose  of  opening,  widening,  improving  or  repairing  any 
street,  square,  lane,  road  or  alley,  or  for  opening,  maintaining, 
cleansing,  improving  or  repairing  anj-  gutter,  drain,  sewer, 
natural  water  course,  («)  run  or  rivulet  within  the  limit 
of  said  city,  enter  upon  and  condemn  private  property  and 
upon  and  assess  the  benefits  and  damages  thereof,  and  have  the  same 
private  prop- ascertained,  collected  and  paid  in  the  same  manner  and  un- 
der the  same  laws,  ordinances,  rules  and  regulations  as  are 
How  paid.  uow  prescribed  for  the  government  of  "The  Council"  of  said 
city  in  similar  cases.  (^)  The  said  directors  of  said  street  and 
sewer  department  shall,  after  the  time  last  aforesaid,  have 
control  of  all  matters  relating  to  said  streets,  squares,  lanes, 
roads,  alleys,  gutters,  drains,  sewers,  natural  water  courses, 
runs  and  rivulets,  and  all  the  machinery,  tools,  buildings, 
rights,  franchises,  books,  accounts  and  other  property  of 
whatsoever  nature  or  kind  appertaining  to  the  management 
of  said  streets,  squares,  lanes,  roads,  alleys,  gutters,  drains, 
sewers,  natural  water  course,  runs  and  rivulets  in  virtue  of 
any  law,  ordinance,  rule  or  regulation  now  or  hereafter  in 


ACTS  OF   THE   GENERAL   ASSEMBLY.  229 

force.  In  carrying'  out  and  effecting  the  purposes  and  ob- 
jects in  this  Act,  the  said  board  of  directors  shall  stand  in  ^tan'^in^fhe 
the  same  position  as  is  now  occupied  by  "The  Council,"  and  "jfJ^®oP°f,^,'jed 
shall,  after  the  said  first  day  of  July,  A.  D.  one  thousand  eight  ]^y  the  coun- 
hundred  and  eightj^-seven  (1887),  so  far  as  the  purposes  and 
objects  of  this  Act  are  concerned,  be  substituted  for  "The 
Council"  aforesaid,  with  the  same  rights,  powers,  privileges 
and  authority  as  were  before  the  passage  of  this  Act  by  any 
means  whatsoever  vested  in  "The  Council"  aforesaid,  (<^)  pro-  p^'ovIso. 
vided,  that  to  and  until  the  said  first  day  of  July,  A.  D.  one 
thousand  eight  hundred  and  eighty-seven  (1887),  "The 
Council ' '  aforesaid  shall  have  the  same  rights,  powers,  privi- 
leges and  authority,  and  be  vested  with  the  same  jurisdiction 
and  control  over  the  said  streets,  squares,  lanes,  roads,  al- 
leys, gutters,  drains,  sewers,  natural  water  courses,  runs  and 
rivulets,  as  it  has  heretofore  had  and  exercised,  except  that 
said  Council  shall  not  have  the  right  after  the  passage  of  this 
Act  (and  it  is  hereby  expressly  forbidden)  to  enter  into  any 
contract  having  relation  to  said  streets,  squares,  lanes,  roads, 
alleys,  gutters,  drains,  sewers,  natural  water  courses,  runs 
or  rivulets,  the  performance  of  which  shall  not  be  entirely 
executed  and  completed  and  paid  for  on  or  before  the  said 
first  day  of  July,  A.  D.  one  thousand  eight  hundred  and 
eighty-seven  (1887). 

(a)  Shipley  Eun  sewer  was  a  dirty  stream  of  water,  and  in  answer 
to  the  contention  that  it  was  a  natural  water  course,  and  private  prop- 
erty, for  which  compensation  should  be  paid,  the  Court  said : 

The  Chancellor:  "Shipley  Eun  is  no  such  water  course  as  the  mu- 
nicipal authorities  of  a  large  city  like  Wilming- 
ton, may  not  divert  or  fill  up,  if  they  choose,  for  the  protection  of  the 
lives,  health  and  comfort  of  the  inhabitants  of  the  citv. ' ' 

Murphy  vs.  Wil.,  5  Del.  Ch.  281  at  292.   (yr.  1879) 

(&)  This  section  (4),  beginning  with  the  phrase,  "The  said  direc- 
tors," &c.,  is  set  out  in  the  case  of  Bullock's  Admr.  vs.  Wil.  C.  Ev.,  5 
Penn.  209  at  215.  (yr.  1905) 

The  Water  and  Police  Department  Acts  are  also  referred  to,  and  the 
Court  then  said : 

Nicholson,  Ch.:  "These  acts,  taken  together,  effect  the  partition  of 
municipal  authority  in  the  City  of  Wilmington. ' ' 
id.   216. 

As  to  the  method  of  condemnation  proceedings,  see  Sec.  116  of  the 
Charter. 

(c)  One  of  the  powers  over  streets  formerly  vested  in  "The  Coun- 
cil ' '  was  the  power  to  ' '  regulate  the  use  of  the  streets, ' '  and  under  this 
power   the   Court  held   that   the   Street   and   Sewer   Department   had   the 


230 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


power  to  pass  ordinances  regulating  the  use  of  fenders  on  the  street  cars 
running  in  the  city. 

Nicholson,  Ch.:  "In  the  Act  of  1883  above  cited"  (the  Charter) 
the  Council  was  invested  with  authority  ' '  to  pre- 
scribe and  regulate  the  use  of  the  highways,  streets,  squares,  lanes  and 
alleys  of  the  city,  &c.  (216)  *  *  If  the  Council  possessed,  prior  to 
that  act,  the  power  to  prescribe  the  use  of  a  fender,  it  clearly  possessed 
it  as  being  a  reasonable  regulation  of  the  manner  of  using  the  streets  of 
our  city  highways,  and  just  as  clearly  such  power  was  divested  by  the 
Act  of  1887  creating  the  Street  and  Sewer  Department,  and  vested  in  its 
Board  of  Directors." 

Bullocks'  Admr.vs.  Wil.  C.  Ey.,  5  Penn.  209  at  217.   (yr.  1905) 


Ordinances  g^c^   5      The  Ordinances,    («)    rules  and  regulations  of 

to  remain  m  ^     \    /  o 

force  until  ^^\([  gity  now  in  force  relating  to  said  streets,  squares,  lanes, 
roads,  alleys,  gutters,  drains,  sewers,  natural  water  courses, 
runs  and  rivulets,  shall  continue  in  force  until  the  same 
are  changed  in  whole  or  part  by"  said  board  of  directors 
of  said  department,  and  the  Street  Commissioners  and  all 
officers  and  servants  of  the  city  engaged  and  employed  on  or 
in  connection  with  the  streets  and  sewers  thereof,  shall,  from 
the  said  first  day  of  July,  A.  D.  one  thousand  eight  hundred 
and  eighty-seven  (1887),  be  under  and  subject  to  the  control 
of  said  directors,  and  the  terms  of  office  of  the  said  Street 
Commissioner  and  all  the  said  officers  and  servants  are  from 
and  after  the  time  last  aforesaid,  hereby  made  subject  to  ter- 
mination at  the  pleasure  of  said  directors,  and  said  Street 
Commissioner,  and  all  such  officers  and  servants  shall  con- 
tinue to  perform  the  duties  now  devolved  upon  them  by  the 
laws  and  ordinances  of  said  city  until  the  said  directors  shall 
otherwise  order;  and  all  machinery,  tools,  buildings,  rights, 
franchises,  books,  accounts,  and  other  property  of  whatso- 
ever nature  or  kind  connected  with  the  management  of  the 
said  streets  and  sewers  shall,  after  the  date  last  aforesaid,  be 
used  and  disposed  of  according  to  the  orders  of  said  direc- 
tors. The  Chief  Engineer  and  Surveyor  of  the  City  of  Wil- 
mington shall  perform  the  same  duties  as  by  any  law,  ordi- 

thesa^e^"'^"^  Dance,  rule  or  regulation  of  said  city  he  is  now  required  to 
perform.  He  shall  also  when  required  furnish  said  directors 
wdth  all  plans  and  specifications  for  laying  out,  grading  and 
regulating  streets  and  public  ways,  and  for  bridges,  culverts, 
location  of  inlets,  sewers,  drains,  gutters  or  other  improve- 
ments to  be  made  or  done  under  the  superintendence  of  the 


Street  Com 
missioner. 
Term  of 
office. 


Chief  En- 
gineer and 
Surveyor 


duties. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  231 

said  directors.  He  shall  take  charge  of  all  instruments, 
maps,  plans,  drawings,  records  and  books  relating  to  the 
surveys,  regulations,  grades,  culverts,  sewers,  bridges, 
wharves  and  rivers  of  the  city,  and  all  such  shall  be  the 
property  of  the  City  of  Wilmington.  He  shall,  when  re- 
quired by  said  directors,  attend  their  meetings  and  consult 
and  advise  with  them  or  with  either  of  them.  (^)  The  said  di- 
rectors shall,  during  the  month  of  April  in  each  year,  pre-  prepare'^es^ti- 
pare  estimates  of  probable  expenses  of  the  said  street  and  ™^tes. 
sewer  department  over  and  above  its  probable  revenue  for 
the  ensuing  fiscal  year,  which  estimates  said  directors  shall 
lay  before  Council  in  INIay  following. 

(a)  To  repeal  an  Ordinance,  the  Charter  requirements  must  be  com- 
plied with. 

.    Mayor  and  Council  of  Wil.  vs.  McNabb.   (yr.  1906)    Munic.  Ct.    De- 
cision final. 

(b)  If  the  city  has  consulted  the  Chief  Engineer  before  doing  work 
of  any  kind,  and  acts  on  his  advice,  it  has  ordinarily  done  its  duty.  The 
city  does  not  have  ' '  to  take  scientific  counsel  before  "  it  "  undertakes  to 
build  a  sewer,"  &e.,  but  if  it  does  not  do  so,  and  "any  mistake  be  made 
which  might  have  been  avoided  by  due  care  in  taking  advice,"  &c.,  "the 
city  would  be  liable. ' ' 

Harrigan  vs.  Wil.,  8  Houst.  140  at  144.   (yr.  1888) 

Huey  vs.  Eichardson,  2  Har.  206.   (yr.  1837) 

See  Magarity  vs.  Wil.,  5  Houst.  530  at  537.   (yr.  1879) 

See  Hession  vs.  Wil.,  1  Marv.  122  at  137.  (yr.  1893).  This  case  does 
not  approve  of  all  contained  in  the  Harrigan  case.  The  Magarity  and 
Hession  cases  lay  down  the  law  that  our  Courts  follow.  The  city  is  not 
liable  for  an  exercise  of  its  discretionary  powers,  such  as  deciding  upon 
the  plan  or  system  of  work — the  size  of  sewers,  inlets,  outlets,  the  ma- 
terials to  be  used,  &c.  It  is  liable,  however,  after  it  decides  as  above,  for 
what  it  does  in  an  unworkmanlike  manner,  just  as  an  individual  would  be. 

Magarity  vs.  Wil.,  5  Houst.  at  536.   (yr.  1879) 

[The  Council  shall  determine  the  amount  necessary  foi"  council  to 
the  use  of  said  street  and  sewer  department,  based,  as  ne^^'ly f moun't"^ 
as  may  be,  upon  the  said  estimates.     The  Council  shall  in  the  PQj?|^t^,gg^ 
month  of  INIay,  A.  D.  one  thousand  nine  hundred  and  seven  and  sewer 
(1907)    and  in  every  year  thereafter,  when  determining  the  ^ct  of  March 
amount  necessary  to  be  raised  on  the  persons  and  estates  in  the^.  ^K^^'see^^ 
City  for  public  use,  also  include  the  sum  necessary  to  be  raised 
on  the  persons  and  estates  for  meeting  and  paying  the  public 
expenses  estimated  and  determined  by  The  Council  as  afore- 
said.   The  amount  so  determined  upon  shall  be  raised  and  col-  ^j^ount  de- 
lected and  paid  into  the  city  treasury  as  other  taxes  are  raised,  up™|"how 
collected  and  paid  into  said  treasury.    At  the  time  of  making ''^is®^- 


232 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Council  to 
appropriate 
for  expenses 
of  Depart- 
ment. 
Proviso: 


Limit  of 
amount. 


When  appro- 
priation 
available. 


How  drawn. 


Account  to 
be  kept. 


Employment 
of  officers. 


the  annual  appropriation  for  public  use,  The  Council  shall 
also  make  an  appropriation  for  the  expenses  of  the  said  street 
and  sewer  department  equal  in  amount  to  that  determined  in 
the  manner  aforesaid  by  The  Council.  Provided,  that  the 
amount  so  determined  by  The  Council  for  the  use  of  said  de- 
partment shall  not  be  less  than  one  hundred  thousand  dollars 
($100,000.00)  for  the  current  and  ordinary  expenses  of  said 
department  for  any  one  fiscal  year.  («)  The  amount  of  the  ap- 
propriation for  the  current  expenses  of  said  board  of  the 
street  and  sewer  department  so  made  by  Council  shall  be  paid 
in  full  on  or  before  the  first  Saturday  in  August  in  the  year 
A.  D.  one  thousand  nme  hundred  and  seven  (1907)  and  on  or 
before  the  first  Saturday  in  August  in  each  year  thereafter,  by 
the  City  Treasurer  upon  an  order  or  orders  drawTi  by  the 
aforesaid  board  of  directors  under  the  hand  of  its  president. 
The  said  directors  shall  keep  or  cause  to  be  kept,  a  full  and 
true  account,  in  suitable  books,  of  all  moneys  coming  into  its 
possession,  and  received  by  it,  and  of  all  its  expenditures  ac- 
cording to  the  provisions  of  any  ordinance  of  the  city  now  in 
force  or  of  any  rules  and  regulations  hereafter  to  be  passed  by 
said  board,  and  it  shall  keep  or  cause  to  be  kept,  a  full  and 
true  account,  in  suitable  books,  of  all  labor  performed  or  ma- 
terials or  supplies  furnished.] 

(a)  This  provision  gives  the  Dei^artment  the  revenue  with  which  it 
must  run  its  affairs.  The  act  also  gave  it  some  additional  revenue,  but 
the  Court  decided  that  the  moneys  derived  from  the  markets  and  wharves, 
and  the  pole  rents  belonged  to  ' '  The  Mayor  and  Council, ' '  and  not  the 
Department. 

Lore,  C.  J.:  "This  was  a  case  stated,  the  point  at  issue  being, 
whether  the  Board  of  Directors  of  the  Street  and 
Sewer  Department  were  entitled  to  have,  receive  and  disjiose  of  the  fees 
and  charges  collected  from  farmers,  traders,  dealers  and  hucksters  using 
the  street  markets  in  said  city,  or  whether  such  fees  and  charges  ought  to 
be  paid  over  to  ' '  The  Mayor  and  Council  of  Wilmington ' '  for  the  gen- 
eral fund  and  uses  of  said  city.  There  was  also  a  second  suit  brought  by 
the  same  plaintiff  against  Isaac  C.  Pyle,  City  Auditor  for  the  City  of 
Wilmington  *  *  concerning  the  taxes  on  electric  light  poles,  *  * 
also  a  third  suit  *  *  in  regard  to  the  rents  collected  from  lessees  of 
wharves  along  the  river  front  at  the  ends  of  streets  owned  by  the  said 
City  of  Wilmington.  *  *  Judgment  was  rendered  in  favor  of  the  de- 
fendant in  each  case," — i.  e.,  against  the  Street  and  Sewer  Department. 
This  decision  gives  the  money  to  the  Council,  for  the  use  of  the  city. 

Street  and  Sewer  Deisartment  vs.  Connell,  2  Penn.  571  at  572.  (yr. 
1900) 

Sec.  6.     The  directors  of  said  Street  and  Sewer  Depart- 
ment shall,  at  their  discretion  appoint,  employ  and  discharge 


ACTS  OF  THE  GENERAL  ASSEMBLY.  233 

all  officers,  agents,  ministers  and  servants  necessary  for  the 
management  and  services  of  the  duties  imposed  upon  said  di- 
rectors by  this  Act  or  by  any  laws,  ordinances,  rules  or  regu- 
lations appertaining  to  or  affecting  said  duties ;  they  shall  de- 
termine the  compensation  to  be  paid  to  each  one  so  employed 
and  shall  make  all  the  needful  rules  («)  and  regulations  to  gov-  ^owlrs. 
ern  their  own  deliberations  and  for  the  observance  of  the  offi- 
cers, agents,  ministers  and  servants  by  them  employed,  and 
shall  determine  the  penalty  and  condition  of  the  bond  or  bonds 
of  such  officers,  agents,  ministers  and  servants  as  are  required 
b}"  said  directors  to  give  bond.' 

(a)  As  to  the  legal  meaning  of  the  word  "rules,"  see  Sec.  76,  "a" 
of  the  Charter. 

Sec.  7.  The  said  directors  shall  immediately  after  their 
organization  resolve  upon  what  in  their  judgment  is  the  best 
plan  for  giving  the  citizens  of  Wilmington  the  most  improved 
svstem  of  streets  and  sewers,  and  to  this  end  may  acquire  by  May  acquire 

'  '  ^  /    real  and  per- 

contract  or  otherwise  all  such  real  and  personal  estate  as  said  sonai  estate. 
directors  shall  deem  necessary,  the  title  to  any  such  real  and 
personal  estate  to  be  vested  in  The  Mayor  and  Council  of  Wil- 
mington.    Any  sewer  or  sewerage  system,  drain  or  culvert,  sg^,gj,j,„g 
which  said  directors  may  deem  injurious  to  the  best  interest  of  system. 
the  cit}',  or  inconsistent  with  the  plan  of  said  department  for 
a  sewerage  system  for  said  citj'^,  or  which  said  directors  may 
believe  should  be  controlled  by  the  city  through  said  depart- 
ment, may,  after  the  said  first  day  of  July,  A.  D.  one  thousand 
eight  hundred  and  eighty-seven  (1887),  be  condemned  in  the^^^^j^^gj^j^j^, 
same  manner  as  land  is  now  condemned  for  street  purposes,  («)  tion. 
except  that  said  directors  shall  in  such  condemnation  proceed- 
ings act,  instead  of  and  be  substituted  for  "The  Council"  of 
said  city;  and  the  same  laws,  ordinances,  rules  and  regula- 
tions which  now  govern  said  Coimcil  in  such  proceedings  shall, 
after  the  time  last  aforesaid,  apply  to  and  govern  said  direc- 
tors.   After  any  sewer  or  sewerage  system,  drain  or  culvert  has 
been  condemned,  (^)  as  aforesaid,  said  department  may  use  or 
discontinue  the  same  or  make  such  other  disposal  thereof  as  in 
the  judgment  of  its  directors  seem  best.    When  a  sewerage  sys-  sewerage 
tem  for  said  city  has  been  resolved  upon,  said  department  may '^'^^^' 
fix  rates,  which  those  who  connect  their  properties  therewith 


234 


ACTS  OF   THE  GENERAL   ASSEMBLY. 


shall  be  required  to  pay  and  said  department  may  collect  the 
same;  it  shall  account  to  "The  Council"  for  moneys  thus  re- 
ceived in  the  same  manner  as  it  is  hereafter  required  to  account 
for  other  moneys  received  and  expended.  (<') 
(a)   See  Sees.  .116  and  117  of  the  Charter. 

(&)  The  city  may  condemn,  and  close  up,  a  filthy  stream  of  water 
(practically  a  sewer)  such  as  was  Shipley  Eun,  without  compensation. 
See  Sec.  4,  "  a  "  of  this  act. 

(c)   See  Sec.  71  of  the  Charter. 


Contract  for 
materials. 


Publication 
for  bids. 


Bids  to  be 
signed  by 
bidder. 


Sec.  8.  The  doing  of  all  ^york  and  the  furnishing  of  all 
materials  and  supplies  required  by  said  Street  and  Sewer  De- 
partment shall  be  let  out  by  the  directors  of  said  department 
to  the  lowest  and  best  bidder,  («)  except  in  cases  where,  in  the 
opinion  of  said  directors,  it  is  not  practicable  to  do  such  work 
or  furnish  such  materials  and  supplies  by  contract.  Notice 
that  the  department  will  receive  proposals  for  such  work,  ma- 
terials or  supplies  shall  in  all  cases  be  published  at  least  five 
times  in  each  of  two  daily  papers  of  the  City  of  Wilmington, 
the  last  publication  to  be  at  least  three  daj's  before  the  open- 
ing of  the  bids.  Such  notice  shall  state  the  kind  and  amount 
of  the  work  to  be  done  or  furnished,  the  place  where  and  the 
period  within  which  the  bids  will  be  received.  Each  bid  must 
be  signed  by  the  bidder  and  be  accompanied  by  an  undertak- 
ing signed  by  the  persons  olfered  by  the  bidder  as  his  sureties, 
who  must  in  all  cases  be  resident  freeholders  of  New  Castle 
County,  declaring  their  consent  to  be  such  sureties  in  the  event 
of  the  contract  being  awarded  to  such  bidder ;  and  if  anj"  con- 
tract be  so  awarded  and  such  bidder  shall  fail  to  complete  the 
execution  of  a  contract  therefor,  with  security  for  its  perform- 
ance, approved  by  the  said  department,  such  bidder  and  the 
party  or  parties  so  undertaking  for  him  as  aforesaid  shall  be 
liable  to  pay  to  the  Citj^  of  AVilmington  any  damage  that  may 
be  occasioned  to  said  city  by  such  failure. 

(a)  Under  an  ordinance  passed  in  1862,  relating  to  street  paving 
(Ch.  Ls.  &  Ords  1885,  p.  327)  which  required  contracts  to  be  let  to  the 
"lowest  bidder,"  the  Court  held,  if  the  advertisement  reserved  the  right 
"to  reject  any  or  all  bids,"  it  was  a  valid  clause,  and  it  could  reject  said 
bids  and  re-advertise;  and  it  also  could  "have  preferred  a  higher  bid 
under  the  original  advertisement. ' ' 

Keogh  vs.  Wil.,  4  Del.  Ch.  491  at  498-9.   (yr.  1872) 

The  bidder,  in  view  of  said  clause,  practically  said :     "I  propose  to 


ACTS  OF  THE  GENERAL   ASSEMBLY.  235 

do  the  work  for  so  much,  provided  you     *     *     give  me  the  job."  id.  499, 
And  ■without  said  clause,  "to  reject  any  or  all  bids,"  &c.,  the  Coun- 
cil has  the  right  to  reject   all  bids,   ' '  alter  the  plan     *     *     change   or 
amend  the  specifications  and  issue  new  ones."  id.  497. 

The  Chancellor:  "The  question  whether  the  ordinance  has  been 
strictly  followed,  is  one  between  the  Council  and 
its  officer  or  committee,  and  does  not  concern  the  bidder.  His  acquies- 
cence in  the  reserved  right,  by  bidding  subject  to  it,  concludes  him.  *  * 
(499).  where  no  private  right  is  infringed,  and  the  city  corporation  or 
its  olficers  are  exercising  their  discretion  in  good  faith,  the  Court  will  not 
revise  the  grounds  of  their  j^roceedings  nor  entertain  the  suggestion  that 
their  action  is  inexpedient  for  the  public  interest. ' '  id.  500. 

The  above  decision  was  based  on  an  ordinance;  the  above  section  is 
part  of  a  statute. 

Sec.  9.    The  Citv  Auditor  shall  examine  all  bills  against  _  ^. 

°  Duties  of 

said  department  and  endorse  them  as  correct  before  they  are  city  Auditor, 
presented  to  said  department  for  payment ;  he  shall  also  ex- 
amine and  countersign  all  drafts  or  orders  and  withhold  his 
signature  in  case  the  draft  or  order  is  made  without  sanction 
of  law,  or  with  any  circumstances  of  fraud  actually  or  pre- 
sumably attached  thereto,  in  all  of  which  cases  he  shall  re- 
port his  action  and  the  grounds  therefor  to  the  directors  of 
said  department  at  their  ensuing  meeting ;  said  directors 
shall  thereupon  duly,  carefully  and  publicly  consider  the  case 
and  shall  sustain  or  overrule  his  action  by  a  unanimous  vote  of 
all  the  members  of  said  board  of  directors,  whereupon  it 
shall  be  the  duty  of  the  City  Auditor  in  case  he  shall  be  over- 
ruled to  countersign  the  said  draft  or  order,  in  which  case 
he  shall  be  exonerated  from  all  responsibility  in  the  premises. 
He  shall  also  keep  a  book  or  books  in  which  an  exact  and 
complete  record  of  all  accounts  so  paid  shall  be  entered, 
keeping  a  debtor  and  a  credit  account  with  all  persons  doing 
work  for  or  furnishing  materials  to  the  said  department  in 
any  manner. 

Sec.  10.    If  any  of  said  directors  of  said  department,  or  Dji-j^ctor 
any  officers  thereof,  shall  at  any  time  apply  to  his  own  use  ^^^^  to"ws^^" 
any  of  the  money  which  may  come  to  his  hands  or  under  his  J^ne"^com- 
control,  by  virtue  of  this  Act,  the  person  so  offending  and  his  ^"^1"^°  '^'^ 
sureties  shall  forfeit  and  pay  to  the  City  of  Wilmington  a  p^j^j^j^v 
sum  of  money  which  shall  be  two-fold  greater  than  the  sum 
of  money  so  applied  to  the  use  of  the  offender,  to  be  recov- 
ered bv  action  on  his  official  bond  or  otherwise,  as  the  case 


236  ACTS  OF  THE  GENERAL  ASSEMBLY. 

may  be ;  provided,  nothing  herein  contained  shall  be  considered 
a  bar  to  any  criminal  proceeding  for  the  same  offense. 

Money  to  be  Sec.  11.  The  moneys  and  revenue  received  by  the  Street 

and  Sewer  Department  shall  be  deposited  to  the  credit  of 

See  18  D.  L.  said  department  in  such  bank  in  Wilmington  [as  it  shall  de- 

36  and  18  D.  .     ^  ^  ^      „  i         t   ,  t      ,  ,. 

L.  895.  termine  uponj,  and  all  money  to  be  disbursed  therefrom  on 

account  of  the  duties  and  obligations  by  this  Act  imposed, 

How  drawn,  aud^  shall  be  drawn  upon  warrants  signed  by  the  President 
of  the  Board  of  Directors  of  said  Department  and  counter- 
signed by  the  City  Treasurer  and  City  Auditor.  ' '  The  Coun- 
cil" of  the  City  of  Wilmington  shall  at  its  first  meeting  in 
May,  in  the  year  A.  D.  one  thousand  eight  hundred  and 
eighty-eight  (1888),  and  annually  in  the  month  of  May 
.,  ^  „  thereafter,  appoint  from  among  its  members,  a  committee  of 

Council  shall  ?      j-i  o  ^  j  ^ 

annually  ap-  tlirec  whosc  dutv  it  shall  be  to  examine  and  audit  the  ac- 

point  a  com- 
mittee to  ex-  counts  of  the  said  Street  and  Sewer  Department,  and  if  cor- 
amme  and 

audit  ac-        rcct,  attest  the  same.    The  said  department  shall  submit  to 

counts. 

,  said  committee  an  itemized   statement    of   its   receipts,  dis- 

Statement  of  . 

receipts.  To  burseiiients  and  expenses  for  the  year  immediately  preced- 

whom  sub- 
mitted, ing,  together  with  its  books  of  account,  vouchers,  &c.,  and 

Committee     all  otlicr  data  necessarv  to  enable  said  committee  to  properly 

shall  report  "_  .  . 

to  the  coun-  audit  said  accounts.     The  said  committee  shall  withm  two 

cil. 

weeks  report  its  finding  to  "The  Council"  aforesaid,  and 
Act  of  April  the  said  itemized  statement  shall  immediatelv  thereafter  be 

19     1889       18  * 

D.'  L.  883.      [printed  in  pamphlet  form.] 

Duty  of  City  [It  shall  be  the  duty  of  the  City  Auditor,  during  the  first 

Auditor.         week  of  every  month,  to  examine  and  audit  the  accounts  of 

the  said  Street  and  Sewer  Department  for  the  month  last 
Act  of  April  preceding ;  and  he  shall  make  duplicate  certificates,  showing 
D.'  L.  411.  ^^  the  result  of  such  examination  and  audit,  one  of  which  he 

shall  deliver  to  the  said  Board  of  Directors  of  the  Street  and 

Sewer  Department  and  the  other  shall  be  by  him  transmitted 

to  "The  Council."] 

Directors  Sec.  12.    Each  of  the  directors  of  said  Street  and  Sewer 

bond.  Department  shall,  immediately  after  organization,  («)  enter 


So  enrolled. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  237 

into  a  bond  with  sureties  to  The  Mayor  and  Council  of  Wil- 
mington in  the  sum  of  thirty  thousand  dollars,  said  sureties  to 
be  approved  of  by  the  "City  Judge,"  the  condition  of  which 
bond  shall  be  as  follows,  viz :  The  condition  of  this  obligation 
is  such  that  if  the  above  bounden  one  IJtlon  °^  '^°"' 

of  the  directors  of  the  Street  and  Sewer  Department,  shall  in 
all  things  comply  with  the  provisions  of  this  Act,  and  shall 
faithfully  execute  the  trust  confided  to  him,  then  the  above 
obligation  to  be  void,  otherwise  to  remain  in  full  force  and 
virtue.  To  the  said  bond  there  shall  be  subjoined  a  warrant 
of  attorney  to  confess  judgment  thereon,  and  the  said  bond 
and  warrant  shall  be  filed  in  the  office  of  the  City  Treasurer, 
there  to  remain  until  in  the  judgment  of  the  "City  Judge" 
the  interest  of  the  city  demands  that  it  be  entered  in  the  Su- 
perior Court  of  the  State  of  Delaware  in  and  for  New  Castle 
County. 

(a)   This  wording  "immediately  after  organization,"  is  odd.    Prac- 
tically, all  the  officials  required  to  bond,  do  so  before  they  take  office. 

Sec.  13.    All  Acts  or  parts  of  Acts  inconsistent  herewith  inconsistent 
are  hereby  repealed.  ^"*"  '''''^'^'' 

Passed  at  Dover,  April  20,  1887. 


238  ACTS  OF  THE  GENERAL  ASSEMBLY. 


CHAPTER  VIII. 

ACTS  IN  RELATION  TO  SEWERS  AND  DRAINAGE. 

Page  Page 

1.  Act  Authorizing  tine  Street  4.  Act  Authorizing  the  Street 
and  Sewer  Department  to  and  Sewer  Department  to 
Construct  Certain   Sewers..  238                Satisfy  Certain  Paving  and 

2.  Act  Authorizing  the  Street  Curbing    Liens    246 

and    Sewer    Department    to  |    5.     Act  Authorizing  the  Street 

Establish    Rules    for    Drain  and    Sewer    Department    to 

Layers    244  Lay  a   Sewer  at  Third  and 

3.  Act  Authorizing  the  Street  Webb    Streets    247 

and    Sewer    Department   to 

Build  and  Also  Condemn 
Sewers  Within  One  Mile  of 
the    City    Limits 245 

19  D.  L.  413.  AN  ACT  pertaining  to  a  System  of  Sewers  for  the  City  of  Wil- 
mington. 

Preamble.  Whereas  it  is  apparent   that   the    City   of   Wilmington 

stands  in  great  need  of  a  thorough  system  of  sewers  that  will 
be  extended  over  the  entire  city,  providing  not  only  for  the 
present  but  for  the  future. 

Whereas  a  proper  regard  for  the  health  of  the  inhabitants 
of  the  city,  as  well  as  their  property  and  business  interests, 
require  that  this  work  be  speedily  undertaken. 

Whereas  a  plan  of  a  well-defined  system  has  been  pre- 
pared under  the  direction  of  the  Board  of  Directors  of  the 
Street  and  Sewer  Department,  and  an  approximate  estimate 
of  the  cost  of  building  the  same  has  been  duly  made;  now 
therefore,  («) 

(a)   The  recital  part  of  this  Act  is  set  out,  verbatim,  in  the  case  of 
English  vs.  Wil.,  2  Marv.  63  at  86-7.  (yr.  1894) 

Section  1.  That  the  ]\Iayor  and  Council  of  Wilmington, 
through  the  agencv  of  the  Board  of  Directors  of  the  Street 


ACTS  OF  THE  GENERAL  ASSEMBLY.  239 

and  Sewer  Department  of  the  City  of  Wilmington,  («)  is  hereby  |*^f|^  g^^ 
authorized  and  empowered  to  construct  such  sewers  in  ac-  t'hoi'il^l^^^o^' 
cordance  with  any  plan  {^)  now  or  that  may  hereafter  from  construct 
time  to  time  be  adopted,  as  may  seem  to  them  necessary  to  meet 
with  the  requirements  of  the  city,  and  the  cost  of  construct- 
ing such  sewers  shall  be  met  in  the  following  manner. 

(a)  Nicholson,  Ch.:  This  Act  "does  not  conflict  either  with  the 
provisions  of  the  Constitution  of  the  State  of 
Delaware,  or  with  the  Fourteenth  Amendment  of  the  Constitution  of  the 
United  States,  and  is  in  all  respects  constitutional. ' ' 

English  vs.  Wil.,  2  Marv.  63  at  97.   (yi-.  1894) 

(&)  The  kind,  size,  plan,  location,  &e.,  of  sewers,  and  the  time  of  the 
building  of  the  same,  are  purely  judicial  matters,  and  for  errors  of  judg- 
ment regarding  the  same  the  city  is  not  liable  in  damages,  but  the  city  is 
liable  for  the  imperfect  and  unworkmanlike  manner  in  which  the  work  is 
actually  done. 

Magarity  vs.  Wil.,  5  Houst.  530  at  535-7.   (yi-.  1879) 

Hession  vs.  Wil.,  1  Marv.  122  at  137.  (yr.  1893) 

Comegys,  C.  J.:  The  city  officials  "are  not  liable  for  any  error  of 
judgment  merely  in  deciding  upon  a  plan  of  im- 
provement ;  nor  is  the  city. ' ' 

Harrigan  vs.  Wil.,  8  Houst.  140  at  143.  (yr.  1888) 

Huey  vs.  Richardson,  2  Har.  206.   (yr.  1837) 

Sec.  2.    The  said  Board  of  Directors   of  the   Street  and  Manner  of 

paying  ccst 

Sewer  Department,  from  the  approximate  estimate  of  the  of  sewers. 
w^hole  cost  of  constructing  any  sewer  in  accordance  with  any 
plan  now  or  that  may  hereafter  from  time  to  time  be  adopt- 
ed, shall  apportion  the  said  cost  to  each  lineal  foot  of  sewer 
to  be  built  in  accordance  with  the  aforesaid  system,  said  cost 
to  be  apportioned  alike  upon  each  and  every  size  of  sewer,  ^      rtion- 
be  it  a  lateral  or  trunk  sewer ;  tw^o-fifths  of  said  cost  per  lin-  i^^ent  of  cost. 
eal  foot  shall  be  paid  for  by  the  aforesaid  board  of  directors 
out  of  their  annual  appropriation  for  streets  and  sewers,  the 
remaining  three-fifths  of  the  said  cost  per  lineal  foot  shall  be 
paid  for  by  the  abutting  property  upon  the  streets  or  high- 
ways in  which  said  sewers  are  constructed  at  the  time  of 
completing  each  sewer,  and  the  aforesaid  property  shall  be 
assessed  for  said  costs  per  lineal  foot  as  follows: 

Sec.  3.  («)    All  assessments  ( ^)  shall  be  made  upon  the  prop- 

.  X  i       J.     Assessments. 

erties  abuttmg  upon  that  portion  of  any  street  or  highway,  lane  How  made. 
or  alle}^,  in  which  any  public  sewer  may  be  constructed  under 
this  provision,  at  the  rate  of  fifty  cents  for  each  front  foot  of 
such  property  upon  such  street,  highw^ay,  lane  or  alley,  and  one 


240  ACTS  OF  THE  GENERAL  ASSEMBLY. 

cent  for  each  square  foot  of  such  property  between  such  street, 
highway,  lane  or  alley,  and  a  line  not  exceeding  one  hundred 
and  fifty  feet  distant  from  and  parallel  with  the  line  of  such 

Proviso  street,  highway,  lane  or  alley ;  provided,  however,  that  where 

any  property  is  situated  between  two  streets  or  highways,  the 
area  upon  which  said  assessment  of  one  cent  per  square  foot  is 
made  shall  not  extend  to  more  than  one-half  the  distance  be- 
tween such  streets  or  highways;  and  provided  also,  that  when 

Corner  lots  ^^^^  property  is  situated  at  the  corner  of  two  streets  or  high- 
ways, or  otherwise  so  situated  as  to  be  assessed  for  the  ex- 
penses of  building  a  sewer  on  one  of  such  streets  or  highways, 

^6^*^1893"^^"^^  [only  the  front  of  such  property,  together  with  the  area,  shall 
be  liable  for  such  assessment,  .and  the  whole  assessment  shall 
be  made  on  the  completion  of  anj'  portion  of  a  sewer,  either  in 
front  or  on  the  side  of  such  property,  so  as  to  make  the  said 

Proviso.  property  accessible  to  such  sewer;  and  provided  further,  that 
the  said  Board  of  Directors  of  the  Street  and  Sewer  Depart- 
ment shall  determine,  in  all  cases,  what  portion  of  a  property 
shall  be  considered  as  side  frontage,  unless  said  property  has 
been  divided  into  building  lots  and  a  plot  thereof  filed  in  the 
city  engineering  and  surveying  department,  or  published,  or 
both,  then  in  such  case  the  side  frontage  shall  be  determined 

Proviso.  by  such  plan;  provided  further,  however,  that  should  the 
owner  or  owners  of  such  corner  property  decide,  after  the 
above  assessments  are  made  or  paid,  to  make  the  side  of  such 
property,  as  determined  by  the  said  board,  the  frontage  of 
such  property,  then  in  such  case  the  owner  or  owners  of  such 
corner  property,  shall  pay  such  additional  sum  of  money  as 
the  said  board  of  directors  may  determine  upon,  in  accord- 

Proviso.  ance  with  the  provisions  of  the  aforesaid  Act]  ;  provided,  how- 
ever, that  said  side  frontage  is  one  hundred  and  fifty  feet  or 
less;  and  provieled  also,  that  no  property  or  portion  of  prop- 
erty shall  be  assessed  for  the  construction  of  any  sewer,  unless 
such  property  or  some  portion  thereof  shall  abut  and  be 
bounded  upon  the  street  on  which  said  sewer  shall  have  been 
constructed,  or  unless  such  property  or  a  portion  thereof  has  a 
right  of  access  to  said  street  or  highway  by  a  private  alley,  or 
desires  to  use  said  sewer  before  a  sewer  is  constructed  upon 
the  street  or  highway   upon    which    said    property  abuts,  in 


ACTS  OF  THE  GENERAL  ASSEMBLY.  241 

which  case  the  said  property  shall  be  liable  for  the  same  as- 
sessment as  though  the  sewer  was  constructed  in  the  streets  or 
highways  upon  which  said  property  abuts,  and  the  said  prop- 
erty shall  not  be  liable  for  any  further  assessment  for  sewer 
purposes. 

(a)  This  section  is  set  out  verbatim  in  the  ease  below  cited,  and  the 
Court  decided: 

1st.  That  an  assessment  of  .50  per  front  foot,  and  .01  per  square 
foot  ascertained  from  an  estimated  cost  of  a  sewer  system  for  the  entire 
city,' was  valid,   (at  87-88) 

2nd.  That  the  fixing  of  the  amounts  by  the  Legislature  was  valid. 
(86) 

3rd.  That  it  was  not  necessary  to  give  notice  to  the  abutting  prop- 
erty owner  before  the  assessment  was  made,  as  it  was  simply  a  matter  of 
multiplication,  and  no  good  could  come  of  giving  notice.  If  the  assess- 
ment had  been  based  on  the  basis  of  benefits,  then  notice  would  have  been 
nGCGSSRrv. 

English  vs.  Wil.,  2  Marv.  63  at  90.   (yr.  1894) 

(b)  These  assessments  are  valid. 

Murphy  et  al  vs.  Wil.  6  Houst.  108  at  133.  (yr.  1880) 
All  requirements  should  be  strictly  complied  with  or  the  assessment 
will  be  void.  id.   136. 

Sec.  4.     When  any  such  assessment  shall  be  made  upon  Rights  of 
any  land  for  the  expense  of  constructing  any  such  sewer,  the  Sndl'L°- 
owner  so  assessed  shall  have  the  right  to  connect  such  land  g|^|r^  ^°'" 
with  such  sewer,  under  and  subject  to  such  rules  and  regula- 
tions as  the  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment shall  from  time  to  time  prescribe,  upon  executing  to 
said  board  a  release  of  all  damages  which  may  at  any  time 
happen  to  such  property  in  any  way  resulting  from  such  con- 
nection. 

Sec.  5.     All  assessments  made  under  authority  of  this  Lien  of  as- 

SGSSIXlGHtS- 

Act  shall  be  a  lien  («)  upon  the  property  upon  which  they  are 
made  from  the  date  upon  which  they  are  certified  by  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  to 
the  clerk  of  said  board  for  collection,  and  such  lien  shall 
have  priority  against  any  lien,  incumbrance  or  conveyance 
made  or  suffered  by  the  owner  or  owners  of  such  property 
after  the  date  of  the  certifying  of  such  assessment  as  afore- 
said.    And  any  such  assessment  shall  be  due  and  payable  when  as- 

*'  .  .      sessment 

upon  the  date  of  the  certifying  as  aforesaid,  and  if  paid  fails  due. 
within  [sixty]  days  after  the  date  of  the  presentation  of  the  l^^tj^^g^P^"*^ 
bill  of  such  assessment  a  discount  of  five  per  cent,  will  be  al-  Discount. 


242 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


Act   of  April 
26,  1893. 


Failure  for 
a  year  to 
pay  assess- 
ment. 


Levying  on 
property. 


Sale. 


Notice  of 
sale. 


Deed. 


Application 
of  money. 


lowed  on  the  face  of  the  bill  so  presented;  [and  upon  all  as- 
sessments paid  after  sixty  days,  and  on  or  before  ninety 
days  after  presentation  of  the  bill,  the  face  of  the  bill  will  be 
payable ;  and]  upon  all  assessments  not  paid  within  [ninety] 
days  after  the  date  of  the  presentation  of  the  bill  as  afore- 
said, interest,  at  the  rate  of  six  per  centum  per  annum,  may 
be  charged  from  [ninety  days  after]  the  date  of  the  certify- 
ing of  such  assessment  as  aforesaid  until  the  same  is  paid  in 
full.  If,  however,  any  such  assessment  or  part  of  such  as- 
sessment shall  remain  unpaid  at  the  end  of  one  year  after 
the  date  of  the  certifying  as  aforesaid,  it  shall  be  the  duty  of 
the  Mayor  of  the  city  to  issue  his  warrant,  directed  to  the 
said  Board  of  Directors  of  the  Street  and  Sewer  Department, 
commanding  them  to  levy  the  same  with  the  interest  there- 
on accrued,  and  all  costs  thereon,  upon  the  grounds  or  build- 
ings of  such  owner  abutting  on  any  such  streets  or  highways 
aforesaid,  which  such  grounds  or  buildings  or  any  part 
thereof  shall  be  sold  by  the  said  board  at  public  auction  (^) 
after  ten  days'  notice  in  two  newspapers  published  in  said  city, 
and  a  deed  from  The  Mayor  and  Council  of  Wilmington  shall 
conve.y  to  the  purchaser  of  such  grounds  or  buildings  as  full 
and  complete  a  title  to  said  premises,  in  fee  simple  or  other- 
wise, as  if  the  same  were  executed  by  said  owner  thereof. 
And  it  shall  be  the  duty  of  said  board  of  directors,  out  of  the 
purchase  money  of  the  said  premises  so  sold  as  aforesaid,  to 
pay  all  costs  arising  from  said  process  and  sale  to  the  parties 
entitled  thereto  respectively  and  to  retain  the  amount  of 
such  assessment  with  accrued  interest  thereon  as  aforesaid. 
The  residue  of  said  purchase  money  shall  be  immediately 
deposited  by  the  said  board  of  directors  in  the  Security 
Trust  and  Safe  Deposit  Company  of  "Wilmington,  Delaware, 
to  the  credit  of  the  owner  of  the  property  so  sold. 

(a)   This  lien  clings  to  the  land,  whoever  may  be  the  owner. 

If  an  assessment  be  made  for  a  sewer  lien  in  the  name  of  a  deceased 
person  (who  was  once  the  owner  of  the  property)  or  his  heirs,  and  the 
same  be  sold  by  the  city,  and  when  sold,  it  was  owned  by  other  persons, 
this  will  not  vitiate  the  sale,  for, 

Wales,  J. :  The  ' '  lands  were  liable  for  the  payment  thereof  whoever 
might  be  the  holder  and  the  owner  of  the  same, ' '  and 
this,  especially  so  if  the  city  official  had  no  notice  of  the  change  or  trans- 
fer, and  the  record  did  not  show  such  change  or  transfer. 

Murphy  vs.  Wil.,  5  Del.  Ch.  281  at  293.  (yr.  1879) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  243 

(&)  If  the  Department  has  decided  to  sell  as  above,  the  tax  or  as- 
sessment should  be  paid  under  jjrotest,  and  an  action  be  brought  to  re- 
cover back  the  money,  for  the  Court  of  Chancery  is  not  inclined  to  re- 
strain the  city  in  its  action. 

Wales,  J.:      "  The  owner  of  personal  or  real  property,  seized   and 
sold  under  execution    for    the    collection  of  an  illegal 
municipal  tax,  has  an  adequate  remedy  at  law,  either  by  paying  under 
protest  the  amount  demanded,  and  bringing  an  action  against  the  city  to 
recover  it  back,  or  by  an  action  of  trespass  for  the  recovery  of  damages. 
*     *     A  writ  of  certiorari  will  afford  the  owner  of  property,  subject  to 
an  illegal  assessment,  another  mode  of  redress  or  relief. ' ' 
Murphy  et  al  vs.  Wil.,  6  Houst.  108  at  138.     (yr.  1880) 
Saulsbia-y,  Ch.:     Equity  will  not  "become  a  supervisor  in  respect 
to  the  compliance  or  non-comj)liance  with  all  the 
ordinances  of  a  great  city,  by  its  officers  in  the  administration  of  the 
multifarious  affairs  of  the  city. ' ' 

Same  case,  5  Del.  Ch.  281  at  293.  (yr.  1879) 

Neary  vs.  P.,  W.  &  B.  E.  E.  Co.,  7  Houst.  419  at  426.  (yr.  1887) 
P.,  W.  &  B.  E.  E.  Co.  vs.  Neary,  5  Del.  Ch.  600  at  610.  (yr.  1886) 
E.  G.  &  T.  Co.  vs.  Donahoe,  8  Del.  Ch.  422  at  427-8.  (yr.  1899) 

Sec.  6.    That  properties  abutting  upon  a  street  or  high-  ^rope^rtjf 
way,  lane  or  alley   wherein    a   public    sewer   has  been  con-  ^ssed.^ 
structed  previous  to  the  passage  of  this  Act,  shall  pay  to  the 
said  Board  of  Directors  of  the  Street  and  Sewer  Department 
the  same  amount  for  sewer  benefits  as  is  herein  provided  for ; 
provided,  Iwwever,  that  no  assessment  shall  be  made  upon  such 
property  until  a  permit  is  granted  by  the  said  board  for  the  p™^''^°- 
said  property  to  make  connection  with  said  sewer,  where- 
upon the  whole  assessment  shall  be  due  and  payable  before 
any  such  connection  is  made. 

[And  he  it  further  provided,  that  all  properties,  or  per- Act  of  April 
tions   of   properties    abutting   upon    any    navigable  stream  ^^'  ■^^^^' 
within  the  city,  and  lying  between  said  stream  and  the  first  ting*iilvf-*' 
street,  highway,  lane  or  alley,  lying  back  from  and  in  or  near  ffreams 
unto  the  same  direction  with  the  said  stream,  shall  not  be  ^^®"^Pt- 
liable  for  any  sewer  assessment  whatever,  unless  said  prop- 
erty, or  any  portion  thereof,  desires  the  use  of  public  sewer, 
in  which  case  said  property  shall  be  liable  for  the  same  as- 
sessments as  herein  before  provided.] 

Sec.  7.    The  Board  of  Directors  of  the  Street  and  Sewer  Rules  and 

Tx  ,  .  ,  ,  T        ■       T  -I  T  regulations 

Department  are  hereby  authorized  and  empowered  to  pass  to  be 

-,      -,       .  i/\         T  ■,      •  •  t  ■,  -,  adopted  by 

and  adopt  such  rules  («)  and  regulations  as  the  said  board  may  board. 
see  proper  for  regulating,  controlling  and  prescribing  the 


244 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


manner  in  which  any  sewer  or  drain  constructed  by  order 
of  or  in  charge  of  said  board  shall  be  used,  and  the  manner 
in  which  connections  therewith,  or  with  any  private  sewer 
now  existing  or  hereafter  to  be  constructed  in  any  public 
street,  lane  or  alley  in  the  city,  any  house,  building,  yard  or 
other  place,  shall  be  made,  and  for  the  keeping  of  the  same 
in  proper  repair,  and  shall  prescribe  certain  fines  and  pen- 
alties for  the  non-observance  of  such  rules  and  regulations, 
said  fines  to  be  collected  in  the  same  manner  that  other  fines 
for  offences  against  the  ordinances  of  the  city  are  now  or 
may  hereafter  be  collected. 

(a)   As  to  the  legal  meaning  of  the  world  "rules,"  see  Sec.  76,  "a" 
of  the  Charter. 

Sec.  8.    That  all  Acts  or  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed. 

Passed  at  Dover,  April  29,  1891. 


19  D.  L.  434.    AN  ACT  in  relation  to  Sewers  and  Drains. 


Rules  and 
regulations 
concerning 
drain  layers. 


Licenses. 


Penalties. 
Proviso. 


Section  1.  That  the  "Mayor  and  Council  of  Wilming- 
ton," through  the  agency  of  the  Street  and  Sewer  Depart- 
ment, shall  have  power  to  establish  rules  («)  and  regulations 
for  the  proper  government  of  all  persons  or  corporations  who 
may  be  engaged  in  the  laying,  repairing  and  making  any 
connections  with  any  public  or  private  sewers,  drains,  drain 
pipes,  water  or  steam  pipes,  in  that  portion  of  the  City  of 
Wilmington  under  the  jurisdiction  and  control  of  the  said 
Street  and  Sewer  Department,  and  may  provide  a  system  of 
licenses  for,  as  well  as  proper  bonds  of  indemnity  from  all 
such  persons  or  corporations,  which  bonds  of  indemnity  (^) 
shall  be  with  surety  or  sureties,  and  in  such  amount  and  with 
such  conditions  as  said  Street  and  Sewer  Department  may 
determine ;  and  the  said  Street  and  Sewer  Department  may 
prescribe  penalties  for  breaches  of  such  rules  and  regula- 
tions;  provided,  however,  that  no  penalty  shall  be  in  excess  of 
fifty  dollars. 

(o)  As  to  the  meaning  of  the  word  "rules,"  see  Sec.  76,  "a"  of 
the   Charter. 

(6)   The  city  should  always  take  bonds  of  indemnity,  for  it  is  liable 


ACTS  OF  THE  GENERAL  ASSEMBLY.  245 

for  the  negligent  acts  of  plumbers  ^Yho  open  streets  by  virtue  of  licenses 

issued  to  them  by  the  various  Departments. 

Comegys,  C.  J. :     The  city  ' '  oftentimes  authorizes,  by  license,  par- 
ties not  in  its  employ  to  do  certain  things;     *     * 

as  to  open  the  public  streets     *     *     and  to  connect  house  drains     *     * 

■with  the  public  mains  in  the  street,  taking  from  them     *     *     indemnity 

to  protect  the  city  from  suits. ' ' 

Anderson  vs."  Wil.,  8  Houst.  516  at  526.  (yr.  1889) 

"But  that  does  not  relieve  it  as  to  the  citizen  of  such  public  duty." 

The  city  should  ' '  see  to  the  work  the  same  as  if  it  were  being  done  by  its 

own  agents, ' '  &c.  id.  527. 

Sec.  2.    Such  rules  («)  and  regulations  as  shall  be  adopted  Rules  and 

regTilations 

in  conformity  with  the  provisions  of  this  Act  shall  be  print-  to  be  printed, 
ed  and  kept  in  the  office  of  the  Street  and  Sewer  Depart- 
ment for  distribution  to  persons  or  corporations  that  may 
make  application  to  connect  with,  lay  or  repair  any  public 
or  private  sewer,  drain  or  drain  pipe,  water  or  steam  pipe  as 
aforesaid. 

(a)   As  to  the  meaning  of  the  word  ' '  rules, ' '  see  See.  76,  "  a  "  of  the 
Charter. 

O-r-iy-i  O  *^Tp  *  ^  %  ^  ^  4r  * 

Passed  at  Dover,  May  15,  1891. 


AX  ACT  to  autliorize  the  Mayor  and  Council  of  Wihnington,.^Qjy  ^  eso. 
acting  through  the  Board  of  Directors  of  the  Street  and 
Sewer  Department,  to  take  hy  condemnation  the  right  to 
build  sewers  or  lay  sewer  pipes  or  to  acquire  the  right  to 
iise  such  pipes  already  laid,  or  to  use  certain  water 
courses  of  lands  outside  of  the  said  City  and  within  one 
mile  thereof. 

Section  1.    That  the  INIavor  and  Council  of  Wilmington,  May  build  or 

^         '  acquire  sew- 

acting  through  the  Board  of  Directors  of  the  Street  and  Sewer  ers  within 

■"  "  one  mile  of 

Department,  be  and  it  is  hereby  authorized  and  empowered  to  city. 
build  sewer  or  sewers   and   to    acquire  the  right  to  use  such 
sewer  or  sewers  already  built  outside  the  limits  of  said  city 
and  within  one  mile  thereof,  as  the  public  interests,  in  their 
judgment,  require.     And  further,  to  acquire  and  take  ^1^^11.1^^^^^^^^^^^^ 
small  streams  and  water  courses,  («)  and  the  beds  thereof ,  with- streams, 
in  the  distance  aforesaid  outside  the  limits  of  the  said  city,  as 


246 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Damages  to 
land  owners. 


How 
assessed. 


How  paid. 


20  D.  L.  155. 


the  public  interests  may  require ;  provided,  that  such  small 
streams  or  water  courses  shall  be  drained  into  sewers  by  it  to 
be  constructed,  and  that  the  authority  for  taking  any  such  un- 
der the  provisions  of  this  act  shall  not  be  construed  to  author- 
ize the  taking  of  any  streams  or  water  rights,  or  the  condem- 
nation thereof,  where  the  same  are  now  used  by  or  for  the 
benefit  of  manufacturing  establishments  in  or  near  said  city, 
or  for  producing  power  therefor ;  and  if  the  said  board  of  di- 
rectors shall  be  unable  amicably  to  agree  with  the  owTier  or 
o\^'ners  thereof,  or  of  the  land  through  which  the  same  shall 
pass  or  may  need  to  be  constructed,  the  damages  to  such  land 
owners  or  to  the  owners  thereof  shall  be  assessed  in  the  same 
manner  as  damages  are  now  assessed  where  land  is  condemned 
for  opening,  widening  or  laying  out  streets  in  the  said  city  (^) 
and  all  sums  which  shall  be  agreed  upon  or  assessed  as  dam- 
ages in  such  cases  shall  be  paid  out  of  the  funds  provided  for 
the  purpose  of  building  sewers. 

Passed  at  Dover,  May  13,  1897. 

(a)  As  to  "water  courses,"  and  the  city's  right  to  take  same,  &c., 
see  the  case  of, 

Murphy  et  al  vs.  Wil.,  6  Houst.  108  at  129.  (yr.  1880),  and  5  Del. 
Ch.  281  at  291-2.  (yr.  1879) 

(&)    See  Sec.  116  of  the  Charter. 


AX  ACT  in  relation  to  the  Liens  entered  against  Property  for 
curhing  and  paving  Sidewalks  or  Streets  and  the  con- 
struction of  Sewers. 


Lien  for  pav- 
ing to  be 
satisfied 
upon  pro- 
duction of 
evidence  of 
payment. 


Section  1.  That  the  board  of  directors  of  the  Street  and 
Sewer  Department  of  the  City  of  Wilmington,  or  their  suc- 
cessors, shall  by  resolution  from  time  to  time,  as  occasion  may 
require,  cancel  and  satisfy  of  record  at  any  meeting  of  said 
board  of  directors,  any  and  all  liens  entered  against  abutting 
property  for  the  paving  or  curbing  of  any  footway,  sidewalk 
or  street,  as  well  as  liens  entered  for  the  construction  of  any 
public  sewer  or  drain,  upon  the  presentation  by  the  owners  or 
agents  of  any  property  liened  for  purposes  aforesaid,  of  evi- 
dence of  previous  payment  to  the  proper  municipal  authorities 
of  the  City  of  Wilmington  for  the  whole  number  of  feet  con- 


ACTS  OP  THE  GENERAL  ASSEMBLY.  247 

tained  in  the  street  line  of  the  property  of  such  owners  re- 
spectively, of  any  curbing  or  paving  in  front  or  alongside  of, 
or  the  drainage  from  said  propert3^ 

Sec.  2.     Upon  the  absence  of  evidence  of  any  previous  Lien  may  be 

.  .  n    T  satisfied 

payment  for  liens  as  aforesaid,  the  said  board  of  directors  are  without  evi- 

.  ...  11-^1.  dence  of 

hereby  authorized,  m  their  discretion,  to  cancel  and  satisfy  oi  payment 

1      m   T  £•  wliere  prop- 

record,  any  and  all  liens  entered  subsequent  to  the  passage  oi  erty  drained 
the  Sewer  Lien  Law,  April  29th,  A.  D.  1891,  against  abutting  sewer  prior 
property,  where  the  property  so  liened  has  been  and  is  drain- 
ing into  a  public  sewer  previous  to  and  at  the  time  of  the  entry 
of  the  lien,  as  aforesaid;  provided,  Jiowever,  that  it  shall  not 
be  lawful  to  cancel  any  sewer  assessment  or  lien  made  or  en- 
tered against  unimproved  land   (without  buildings  or  build- Not  to  apply 

\      1  •  1  TO  /to  unim- 

•  mg)  abutting  a  natural  Avater  course  used  for  sewage  (except- proved  land, 
ing  a  natural  stream),  unless  such  cancellation  be  by  payment 
in  the  usual  manner  made  and  provided. 

Sec.  3.     That  all  the  public  acts  and  doings  of  the  board 
of  directors  of  the  Street  and  Sewer  Department  of  Wilming-  rectors  of 
ton,  so  far  as  the  same  applies  to  the  cancellation  of  anj^  ac-sewer  De- 
count  liened  (under  the  jurisdiction  or  control  of  said  depart- mad™ valid, 
ment)  shall  be  and  the  same  are  hereby  confirmed,  established 
and  declared  to  be  valid  and  effectual. 

Sec.  4.     That  this  act  shall  repeal  all  laws  or  parts  of 
same  so  far  as  they  may  be  inconsistent  therewith. 
Passed  at  Dover,  JMarch  26,  1895. 


AN  ACT  to  protect  the  Health  of  the  Citizens  of  Wilmington.  .,„  ^  ^    ... 

-0  J_).   Li.   ddO. 

Section  1.  The  Mayor  and  Council  of  Wilmington  is  sewer. 
hereby  authorized,  directed  and  required,  within  one  year 
after  the  passage  of  this  act,  through  the  agency  of  the  Board 
of  Directors  of  the  Street  and  Sewer  Department  for  the  said 
city,  to  lay  and  construct  a  sewer  drain  pipe  of  the  diameter 
of  not  leas  than  twelve  inches,  beginning  at  the  intersection  of 
Third  and  Webb  streets  in  the  said  city  and  running  thence 
southerly  with  the  said  Webb  street  to  its  intersection  with 
Lancaster  avenue,  and  thence  by  such  course  as  the  said  board 


248 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Condemna- 
tion of  land. 


Expenses 
how  paid. 


Powers.  jjja^y  cleem  most  expedient  to  the  Christiana  river ;  and  also  to 
acquire  by  purchase  or  condemnation  the  lands,  waters  and 
water  rights  necessary  for  laying  and  constructing  the  said 
sewer  drain  pipe. 

Sec.  2.  In  ease  the  said  board  of  directors  shall  not  be 
able  to  agree  with  the  owners  of  said  property  for  the  pur- 
chase thereof,  the  said  board  shall  cau>se  the  same,  whether 
within  or  without  the  bounds  of  the  said  city,  to  be  condemned 
for  the  use  of  the  said  city  for  the  purpose  aforesaid  in  like 
manner  and  by  like  proceedings  as  are  now  provided  hy  law 
for  the  condemnation  of  land  for  extending,  widening,  laying 
out  or  opening  streets  within  said  city.  {^) 
(a)   See  Sec.  116  of  the  Charter. 

Sec.  3.  The  cost,  expenses  and  damages  which  may  be 
incurred  in  the  purchase  or  condemnation  of  said  property 
and  in  laying,  constructing  and  maintaining  said  sewer  drain 
pipe  shall  be  raised,  collected  and  paid  in  the  same  manner  as 
now  provided  by  laAv  for  the  cost  and  expenses  of  opening  and 
maintaining  public  drains  or  sewers  within  the  said  city.  Pro- 
vided, however,  that  no  costs  or  charges  shall  be  laid  or  levied 
upon  owners  of  abutting  property  for  the  construction  of  said 
sewer,  unless  it  shall  be  actually  used  for  drainage  purposes  by 
said  owners ;  and  provided  further,  that  the  Jessup  and  Moore 
Moo^e  Paper  Paper  Company  and  the  Ford  Morocco  Company  shall  each 
Morocco  Co.   pay  the  sum  of  four  thousand  dollars  towards  the  construction 

to  pay  cer-       ^    '' 

of  the  said  sewer,  which  said  sum  of  eight  thousand  dollars 
shall  be  paid  within  thirty  days  after  the  work  of  the  construc- 
tion of  the  said  sewer  shall  be  commenced ;  and  provided  fur- 
ther, that  the  total  cost  of  the  construction  of  the  said  sewer 
shall  not  exceed  the  sum  of  thirty-two  thousand  dollars. 

Sec.  4.  The  council  of  the  said  city  shall  cause  to  be 
raised  by  taxation  or  otherwise,  and  paid  to  the  said  street  and 
sewer  department,  such  amount  as  may  be  necessary  for  the 
purposes  of  this  act. 

Passed  at  Dover,  January  18,  1897. 


Proviso. 


Jessup  and 


tain  sums. 


Total  cost. 


Taxes  to  be 
collected. 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


249 


CHAPTER  IX. 


ACTS  IX  RELATION  TO  STREETS  AND  ROADS. 


Page 

1.  Act  Providing  for  tlie  Es-  18. 
tablishment       of       Streets 

and      Grades      on      Lands  19. 

Contiguous   to   the   City...      250 

2.  Act  to   Regulate  the    Lay-  20. 
ing     Out    of     Streets     and 

Roads  Within   a  Half  IVIile  21. 

of   Wilmington    253 

3.  Act  Relating  to  the  Open-  22. 
Ing     of     Streets     to     Lay 

Pipes    254         23. 

4.  Act   in    Relation   to   Gilpin 

Avenue     255        24. 

5.  Act     to     Make     a    Public 

Road  of  a  Portion  of  Wil-  25. 

mington    Turnpike    256  j     26. 

6.  Act     to      Allov*/      Part     of         .     j 
Spruce    Street    to    Remain  i     27. 
Unopened     257  j 

7.  Act  Altering  the  Direction  28. 
and    Vacating    Portions   of 

Certain    Streets    in    Ninth  29. 

Ward     257 

8.  Act      Creating       Robinson 

Street 262        30. 

9.  Marsh     Road    Changed    to 
"Vandever   Avenue"    262        31. 

10.  Act      in      Relation      to      D 

Street    262         32. 

11.  Act  to  Authorize  the  Fur- 
ther Extension  of  Monroe  '     33. 
Street    263 

12.  Act    to    Prohibit    the    Ex-  34. 
tension    of    Part    of    West 

Street    263        35. 

13.  Act  Vacating    Love    Lane.     264 

14.  Act     Vacating      Parts      of  36. 
Certain    Streets    264 

15.  Act      Vacating      Part      of  37. 
Water   Street    264 

16.  Act      Vacating      Part      of 
Madison    Street    264        38. 

17.  Act      Vacating      Part      of 
Tenth   Street   264  i 


Page 
Act      Vacating      Part      of 

Dock  Street    264 

Act      Vacating      Part      of 

Washington    Street    264 

Act      Vacating      Fifteenth 

Street    264 

Act      Vacating       Part      of 

Orange  Street  264 

Act      Vacating      Part      of 

Fifteenth    Street    265 

Act      Vacating      Part      of 

Marsh   Road    265 

Act      Vacating      Part      of 

Fifth  Street   265 

Act  Vacating   King's  Road     265 
Act      Vacating      Part      of 
Kennett   Turnpike    Road..     265 
Act     Vacating      Parts      of 

Certain    Streets    265 

Act      Vacating      Part      of 

Water    Street    265 

Act  Vacating   Wilmington 
and     Christiana    Turnpike 

Road     265 

Act      Vacating      Part      of 

Sixteenth   Street    266 

Act      Vacating       Part      of 

Twelfth  Street    266 

Act      Vacating       Part      of 

Reed  Street    266 

Act       Vacating       Part      of 

Reed  Street    266 

Act      Vacating       Part      of 

Dock   Street   266 

Act     to     Vacate     Part     of 

West    Dock   Street    267 

Act      Vacating      Part      of 

"G"    Street    267 

Act     Vacating      Parts     of 
King,   French  and  Walnut 

Streets    267 

Act  Vacating  a  Portion  of 
Riddle's   Road    268 


250 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


19  D.  L.  408. 


Owners  of 
lands  con- 
tiguous to 
Wilmington 
allowed  to 
lay  out 
streets, 
grades,  etc. 


How  laid 
out. 


Approval  of 
plot. 


Plot,  where 
lodged. 


39.  Act      Vacating      Part      of 
Buttonwood    Street    269 

40.  Act    to    Vacate    Brobson's 
Lane    269 

41.  Act    to    Vacate    Rockford 


Page    j  Page 

! 

Road    270 

42.  Act      Vacating       Part      of 
Hawley    Street    270 

43.  Act     to      Vacate     Certain 
Roads  and   Streets 271 


AN  ACT  to  provide  for  the   estahlisliment   of  Streets   and 
Grades  on  lands  contiguous  to  the  City  of  Wilmington. 

Section  1.  That  it  shall  be  lawful  for  the  owner  or  own- 
ers of  any  tract  of  land  lying  immediately  contiguous  to  the 
boundary  line  of  the  City  of  Wilmington,  as  now  or  hereafter 
established  by  law,  to  lay  out  such  lands  in  blocks  and  build- 
ing lots,  with  streets  conforming  to  the  streets  of  the  City  of 
Wilmington,  so  far  as  the  extension  of  such  streets  beyond  the 
city  line  would  pass  through  such  tract  of  land ;  and  the  owner 
or  owners  of  such  land  may  fix  the  grade  of  such  streets,  and 
the  grade  so  fixed,  when  approved  as  hereinafter  provided, 
shall  be  binding  upon  all  persons  thereafter  becoming  pur- 
chasers of  lots  abutting  on  such  streets.  («)  It  shall  be  the  duty 
of  any  owner  or  owners,  so  laying  out  a  tract  of  land  as  afore- 
said, to  make  or  cause  to  be  made  a  plot  of  the'  same,  designat- 
ing the  blocks  by  letters  or  numbers,  and  the  lots  in  each  block 
by  numbers,  and  designating  thereon  the  size  of  each  lot  and 
the  width  and  grades  of  each  street,  and  such  plot  when  com- 
pleted, shall  be  submitted  to  the  Board  of  Directors  of  the 
Street  and  Sewer  Department  of  the  City  of  Wilmington,  for 
the  approval  of  said  board.  Upon  the  approval  of  said  plot  by 
the  said  board,  and  the  endorsement  of  such  approval  thereon, 
and  the  further  endorsement  of  an  acknowledgment  as  herein- 
after provided,  a  copy  thereof  shall  be  lodged  in  the  ofBce  of 
the  Recorder  of  Deeds  (^)  in  and  for  New  Castle  County,  and 
one  copy  thereof  in  the  office  of  the  Chief  Engineer  of  the  City 
of  Wilmington. 

(a)   When  persons  build  they  must  take  notice  of  grades  of  streets. 

Cullen,  J.:  "If,  however,  you  are  satisfied  from  the  proof  offered, 
that  the  injury  sustained  was  such  as  was  necessarily 
incident  to  plaintiff's  property  by  reason  of  its  location  when  the 
streets  and  sidewalks  should  be  brought  to  the  grade  then  existing,  when 
he  purchased  this  house,  of  which  he  was  bound  to  take  notice,"  then  he 
could  not  recover. 

Benson  vs.  Wil.,  9  Houst.  359  at  364.   (yr.  1893) 

Clark  vs.  Wil.,  5  Har.  243   (yr.  1849) 

(6)   See  Sec.  3,  "a"  of  this  act. 


ACTS  OF   THE  GENERAL  ASSEMBLY.  251 

Sec.  2.     The  copies  of  the  plot  or  plots  herein  authorized  ^^at  made 
to  be  made  shall  be  upon  the  best  and  most  durable  material  ^'^°- 
used  for  such  purposes,  and  each  shall  have  written  upon  it  as 
an  original  the  approval  of  the  said  Board  of  Directors  of  the 
Street  and  Sewer  Department  and  the  acknowledgment  by  the 
owner  or  owners  before  any  officer  authorized  under  the  laws 
of  this  State  to  take  the  acknowledgment  of  deeds.     Such  ac- 
knowledgment may  be  substantially  in  the  following  form : 
State  of , County,  ss. 

Be  it  remembered  that  on  this day  of A.  D. 

Acknowledg- 

19 — ,  personallv  came  before  me,  A.  B.,  notary  public  for  thementby 

^  -  '  .  owners  of 

State  of  Delaware  (or  title  of  officer  taking  acknowledgment), land. 
C.  D.  and  E.  F.,  owners  of  the  land  designated  on  this  plot, 
and  severally  acknowledged  this  plot  to  be  their  deed,  and  that 
they  have  dedicated  such  streets,  lanes  and  alleys  as  are  there- 
on laid  out  to  public  use  as  highways,  and  have  designated  the 
tract  of  land  hereon  indicated  by  the  name  of  (designation  of 
land). 

Given  under  my  hand  and  seal  of  office  the  day  and  year 
aforesaid. 

The  making  of  such  acknowledgment  by  a  married 
woman,  being  the  wife  of  any  owner,  with  a  private  examina- 
tion in  the  usual  form,  shall  operate  as  a  relinquishment  of 
dower  in  the  land  occupied  by  said  streets,  lanes  and  alleys. 
In  the  case  of  a  corporation  the  acknowledgment  shall  beknowiedg- 
adapted  to  the  form  prescribed  by  law  for  acknowledgment  of  '"^^  ' 
deeds  by  a  corporation. 

Sec.  3.  The  filing  of  said  plots  in  the  office  of  the  Re-  Effect  of 
corder  of  Deeds,  as  aforesaid,  shall  operate  as  a  dedication  («)  plots'. 
for  public  use  as  highways,  by  such  owner  or  owners,  of  all 
lands  designated  on  said  plot  as  streets,  lanes  or  alleys ;  and  if 
at  any  time  hereafter  the  said  tracts  of  land  shall  be  duly  in- 
corporated in  the  City  of  Wilmington  by  the  extension  (^)  of 
the  boundaries  of  said  city,  all  such  streets,  lanes  or  alleys  shall 
become  streets,  lanes  or  alleys  of  the  City  of  Wilmington,  and 
subject  to  all  laws  and  ordinances  relating  thereto,  and  all 


252 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Recording 
of  plots. 


Fee  for  re- 
cording. 


grades  established  under  this  Act  shall  remain  in  force  until 
changed  under  the  laws  or  ordinances  of  the  City  of  Wilming- 
ton. 

(a)  The  formality  above  mentioned  is  not  necessary  to  constitute  a 
dedication. 

Gilpin,  C.  J.:  "  *  it  maybe  done  without  any  formality  whatever, 
and  may  be  made  with  or  without  any  writing,  by 
any  act  of  the  owner,  such  as  laying  out  a  road  upon  it  and  throwing  it 
open  to  public  travel,  or  by  platting  and  selling  lots  bounded  by  streets 
designated  on  the  plat,  thereby  indicating  a  clear  intention  to  dedicate 
such  roads  or  streets  to  the  use  of  the  public  as  common  highways. ' ' 

Ogle  vs.  P.,  W.  &  B.  E.  E.  Co.,  3  Houst.  267  at  272.  (yr.  1866) 

Poole  vs.  Greer,  6  Penn.  220  at  221.  (yr.  1907)  ;  State"  vs.  Southard, 
6  Penn.  247  at  2.50.  (yr.  1907)  ;  State  vs.'  Eeybold,  5  Har.  484  at  486. 
(yr.  1854)  ;  Johnson  vs.  Stayton,  5  Har.  448  at  449-50.  (yr.  1854)  ;  Ful- 
ton vs.  Dover,  8  Houst.  78  at  84  and  110-111.  (yr.  1888) 

(&)  As  to  the  effect  of  an  extension  of  boundaries  upon  land  dedi- 
cated, and  that,  in  such  case,  condemnation  proceedings  are  unnecessary, 
see  the  case  of 

Fulton  vs.  Dover,  6  Del.  Ch.  1  at  14.   (yr.  1886) 

Sec.  4.  It  shall  be  the  duty  of  the  Recorder  of  Deeds  to 
cause  to  be  recorded  all  plots  filed  under  the  provisions  of  this 
Act,  in  a  book  or  books  to  be  procured  by  him  for  that  purpose, 
and  to  be  paid  for  as  other  record  books  are  paid  for ;  and  he 
shall  receive  for  filing  and  recording  any  such  plot  the  sum  of 
five  dollars,  together  with  any  expense  actually  and  neces- 
sarilv  incurred  bv  him  for  recording  the  same. 


Plots  evi- 
dence. 


The  original  of  any  such  plot,  or  the  record  thereof,  or  a 
duly  certified  copy  thereof,  shall  be  evidence  as  in  the  case  of 
deeds. 


Service  of 
city  en- 
gineer, 
how  paid 
for. 


Sec.  5.  If  in  any  case  the  said  Board  of  Directors  of  the 
Street  and  Sewer  Department  shall  require  for  their  informa- 
tion any  service  from  the  city  engineer  of  said  city,  or  any  of 
his  assistants,  such  ser\nce  shall  be  paid  for  by  the  OMoier  or 
owners  of  the  property  at  such  price  as  shall  be  fixed  bj^  the 
said  Board  of  Directors  of  the  Street  and  Sewer  Department. 


Public  act.  Sec.  6.    This  Act  shall  be  deemed  and  taken  to  be  a  pub- 

lic Act. 

Passed  at  Dover,  April  29,  1891. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  253 

^AN  ACT  to  regulate  the  laying  out  of  Streets  and  Boads  on  (Appe^mx)' 
lands  within  one-half  mile  of  the  limits  of  the  City  of 
Wilmington. 

Section  1.     That  the  provisions  of  an  act  entitled  "  An  ^^^rter^of  ^ 
act  to  provide  for  the  establishment  of  streets  and  grades  on  amended. 
land  contiguous  to  the  city  of  Wilmington, ' '  passed  at  Dover, 
April  29,  1891,  Chapter  205,  Vol.  19,  Laws  of  Delaware,  be 
and  the  same  are  hereby  extended  and  made  applicable  to  any 
and  all  tracts  of  land  lying  outside  the  boundary  line  of  the 
city  of  Wilmington,  as  now  or  hereafter  extended,  but  within 
one-half  mile  thereof,  and  it  shall  be  lawful  for  the  owner  or 
ow^ners  of  any    tract    of    land    within    one-half  mile  of  said  Laying  out 
boundary  line  to  lay  out  such  land  in  the  manner  provided  in  anl^roads 
said  act,  and  it  shall  be  the  duty  of  such  owner  or  owners  so  haif^mu  "of 
laying  out  a  tract  of  land  to  comply  with  the  provisions  of  the  tl  c^nTol-m" 
aforesaid  act.  («)  wiimn'city. 

(a)   See  Sees.   1  and  3  of  the  act  which  precedes  this  act,  and  the 
notes  thereto. 

Sec.  2.    Should  the  owner  or  owners  of  any  tract  of  land  no  damages 
within  one-half  mile  of  the  boundary  line  of  said  city,  lay  out  where  sec.  i 
such  land  contrary  to  and  in  violation  of  the  provisions  of  the  violated. 
above-recited  act,  and  of  this  act,  then  in  the  event  of  the  ex- 
tension of  the  limits  of  the  city  of  Wilmington  so  as  to  include 
such  land  or  lands,  it  shall  be  unlawful  for  any  commission  ap- 
pointed for  the  purpose  of  opening  and  condemning  streets 
extended  through  said  tract  or  tracts  of  land  to  award  any 
damages  or  compensation  to  any  person  or  persons,  for  any 
house,  building  or  structure  hereafter  placed  or  erected  upon 
am'  ground  lying  between  lines  drawn  from  the  building  lines 
of  such  street  or  streets,  as  laid  out  in  the  city  of  Wilmington, 
to  a  point  or  points  one-half  mile  from  the  limits  thereof,  in 
the  direction  which  the  said  street  or  streets  would  take  if  ex- 
tended thereto.  (<^) 

(a)    See  Sec.  116  of  the  Charter — the  last  eight  lines  thereof. 


1.  This  Act  was  not  duly  enrolled  and  signed  by  the  Speakers  of  the 
respective  branches  of  the  General  Assembly,  but  is  published  in  the  Ap- 
pendix to  Vol.   20  Laws   of  Delaware. 


254 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Additional 
power. 


22  D.  L.  838. 


[Sec.  3.  Whenever  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington  shall,  on 
account  of  the  conformation  of  the  land  and  the  difficulty  of 
securing  proper  grades  in  the  plotting  out  of  any  tract  of 
land  lying  outside  of  the  boundary  line  of  the  City  of  Wil- 
mington as  now,  or  hereafter  extended,  but  within  one  half 
mile  thereof,  deem  it  advisable  that  such  tract  of  land  should 
not  be  laid  out  in  conformity  with  the  streets  of  Wilmington 
if  extended,  the  said  Board  of  Directors  may  approve  of  the 
plotting  of  any  such  tract  of  land  in  such  manner,  as  in  their 
judgment  will  be  for  the  best  interests  of  the  said  city. 


Sec.  4.  Upon  the  approval  by  said  Board  of  Directors 
of  any  tract  of  land  so  plotted  and  laid  out,  the  provisions  of 
the  act  entitled,  An  Act  to  provide  for  the  establishment  of 
streets  and  grades  on  land  contiguous  to  the  City  of  Wil- 
mington, Volume  19,  Chapter  205,  («)  Laws  of  Delaware,  shall 
apply  thereto  as  fully  as  though  the  said  land  had  been 
plotted  in  conformity  to  the  streets  of  the  City  of  Wilming- 
ton if  extended  thereto.] 

Passed  at  Dover,  May  6,  1895. 

(a)   The  act  referred  to,  immediately  precedes  this  act. 


19  D.  L.  444.    AN  ACT  relating  to  Pnhlic  Streets  and  Highways.^ 

Section  1.  No  person  or  corporation  shall  open  or  exca- 
vate the  bed  of  any  street  or  highway  of  any  city,  town  or  vil- 
lage in  this  State  for  the  purpose  of  laying  or  placing  pipes, 
wires  or  other  conductors  therein  without  first  obtaining  the 
consent  («)  of  the  duly  constituted  authorities  of  such  city, 
town,  or  village;  provided,  hoivever,  that  nothing  herein  con- 
tained shall  require  such  consent  before  opening  or  excavating 
the  bed  of  any  such  street  or  highway  for  the  purpose  of  re- 


opening 

streets  to 
lay  pipes, 
wires,  etc. 


Proviso. 


Repairs. 


1.  Consent  of  Council  *  *  *  or  other  persons  having  control  over 
the  public  roads,  highways,  streets,  &c.,  required  to  be  obtained  before 
such  public  roads,  highways,  streets,  &c.,  are  disturbed,  opened  or  dug  up. 
See  An  Act  providing  a  General  Corporation  Law.  Vol.  22  D.  L.,  p.  758, 
Sections  99,  101,  102,  104  and  105. 


ACTS  OF  THE  GENERx\.L  ASSEMBLY.  255 

pairing  any  pipes,  wires  or  other  conductors  theretofore  law- 
full}^  laid  or  placed  in  such  street  or  highway. 

Passed  at  Dover,  May  14,  1891. 

(a)  In  1891  the  city  restrained  one  Addicks  from  tearing  up  the 
streets  of  the  city  because  the  consent  of  the  Stret  and  Sewer  Department 
had  not  been  obtained  in  accordance  with  the  above  section.  The  bill 
denied  the  Oxy-Hydrogen  Co.  had  any  legal  organization.  A  demurrer 
was  filed,  and  as  it  admitted,  as  true,  what  was  contained  in  the  bill,  it 
was  dismissed. 

Mayor  et  al  vs.  Addicks  et  al,  7  Del.  Ch.  56  at  81.   (yi-.  1893) 
In  1894  a  plea  was  filed.     The  Chancellor  decided  the  Oxy-Hydrogen 
Co.  was  a  valid  corporation  for  the  purposes  of  that  suit,  and  the  city 
was  permitted  to  amend  its  bill. 

Wilmington  vs.  Addicks,  8  Del.  Ch.  310  at  344.   (yr.  1899) 
(The  above  section  is  referred  to  in  the  above  case  on  p.  315.) 
In  1900  the  matter  came  up  again  on  a  mandamus  against  the  city. 
The  Court  held  the  consent  that  had  been  granted  to  the  corporation 
was  personal,  and  the  corporation  could  not  assign  or  transfer  it  to  an- 
other person. 

Lore,  C.  J.:     "It  will  be  observed  by  the  Charter  that  the  right  to 
open    streets,    &c.,    is    conferred    upon   the    company 
only. ' ' 

Oxy-Hydrogen  Co.  vs.  Simmons  et  al,  3  Penn.  291  at  293.  (yr.  1901) 
A  contractor  agreed  to  do  the  work  for  the  company,  and  the  Court 
said: 

' '  His  right  is  that  of  contract  with  the  company,  and  to  be  enforced 
only  against  the  company.  *  *  We  are  at  a  loss  to  see  in  what  way 
he  has  acquired  rights  against"  the  city,  "or  what  duty"  it  "owes  to  him." 
id.  294.  The  writ  desired  to  tear  up  all  the  streets  of  the  city  "where, 
when,  and  as  its  business  may  make  it  necessary. ' '     The  Court  said : 

* '  This  would  tie  up,  for  the  future,  the  hands  of  the  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department  of  the  city,  and  put  the 
streets,  health  and  convenience  of  the  entire  city  at  the  mercy  of  the 
company,"  &c.,  and  the  Court  refused  to  grant  the  writ.  id.  295. 


AN  ACT  in  relation  to  Gilpin  Avenue  in  the  City  of  Wilming-iQ  d.  l.  424. 
ton. 

Section  1.     That  the  Board  of  Directors  of  the  Street  change  of 
and  Sewer  Department  of  the  City  of  Wilmington  are  hereby  ^^""^  ^*"®^- 
authorized  and  empowered  to  change  and  determine  the  curb 
lines  of  Gilpin  avenue  in  said  City  of  Wilmington ;  provided, 
that  where  curbs  shall  have  been  set  before  any  change  in  the 
curb  lines,  as  provided  for  in  this  Act,  the  same  shall  be  reset 
at  the  expense  of  the  said  Board  of  Directors  of  the  Street  expens°e^.^ 
and  Sewer  Department.    The  said  Board  of  Directors  of  the 
Street  and  Sewer  Department    are    further   authorized  and 
empowered  to  define  and  determine  what  parts  of  the  said  fe^^'^^jons. 


256 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Railways 
prohibited. 


Encroach- 
ments on 
street. 


Trees  and 
other  plants. 


Gilpin  avenue,  between  the  curb  and  property  lines,  shall  be 
paved  and  the  width  and  character  of  such  pavements. 

Sec.  2.  That  no  passenger,  freight,  street  railway  or 
other  track  shall  be  laid  on  or  along  said  Gilpin  avenue,  but 
the  roadway  of  said  avenue  shall  remain  and  be  kept  in  good 
condition  so  as  to  afford  a  free  and  unobstructed  passage  for 
carriages,  wagons  and  other  vehicles  used  either  for  business 
or  pleasure;  and  provided  further,  that  no  door-step,  porch, 
bay,  or  brick  window,  cellar  door,  areaway,  or  other  appurte- 
nance to  any  building  shall  hereafter  be  erected  beyond  the 
building  line  on  said  Gilpin  avenue. 

Sec.  3.  That  the  Board  of  Park  Commissioners  of  the 
City  of  Wilmington  are  hereby  authorized  to  set,  sow  and  take 
charge  of  trees,  grass  and  other  plants  on  the  unpaved  parts 
of  the  spaces  between  the  curb  lines  and  the  property  lines  on 
said  Gilpin  avenue. 

Passed  at  Dover,  Mav  5,  1891. 


15  D.  L.  539. 


AX  ACT  to  repeal  Chapter  64,  Volume  4,  Delaware  Statutes ^ 
incorporating  "The  Wilmington  Turnpike  Company." 


Portion  of 
Wilmington 
Turnpike 
made  public 
road. 


Proviso. 


Sec.  2.  That  the  road  now  used  and  controlled  by  the 
said  company,  lying  partly  in  the  limits  of  the  City  of  Wil- 
mington, and  partly  in  the  Hundreds  of  Christiana  and  Mill 
Creek,  in  New  Castle  County,  is  hereby  declared  to  be  a  public 
road  and  highway,  and  as  such  shall  be  niaintained,  repaired, 
managed  and  controlled  as  other  roads  and  streets  now  are  in 
said  hundreds  and  city,  respectively;  provided,  that  the  Levy 
Court  of  said  county  may  maintain  such  of  the  bridges  on  said 
road  as  it  may  deem  proper. 


Passed  at  Dover,  February  9,  1877. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  257 

AN  ACT  to  authorize  The  Mayor  and  Council  of  Wilmington '^'^^-  ^-  i^s. 
to  contract  with  the  Philadelphia,  Wilmington  and  Balti- 
more Railroad  Company  in  regard  to  a  portion  of  Spruce 
street  in  the  City  of  Wilmington. 

Section  1.    That  -it  shall  and  may  be  lawful  for   The  Authoiity  to 

nr  -I   r^  'IP  -t-iT'i      •  ...  contract  with 

Mayor  and  Council  oi  Wilmington,  a  corporation  existing  un-  p.,  w.  &  b. 
der  the  laws  of  this  State,  and  it  is  hereby  authorized  and  em-  to  open 
powdered  to  contract  and  agree  with  the  Philadelphia,  Wil-  between 
mington  and  Baltimore  Railroad  Company,  also  a  corporation  Fourth 

streets  foi' 

created  by  the  laws  of  this  State,  on  terms  and  conditions  to  be  ten  years. 
agreed  upon  by  the  contracting  parties,  and  thereby  legally 
bind  said  corporation,  The  Mayor  and  Council  of  Wilmington, 
and  its  successors,  not  to  open  or  cause  to  be  opened,  a  certain 
street  called  Spruce  street,  w^ithin  its  corporate  limits,  between 
Third  and  Fourth  streets,  as  a  thoroughfare  or  public  street 
for  a  period  of  ten  years  from  the  date  of  any  such  contract  or 
agreement. 


Sec.  2.    That  it  shall  and  may  be  law^ful  for  the  said  cor-  Authority  to 
poration,  "The  Mayor  and  Council  of  Wilmington"  and  its  IracMor  50 
successors,  and  it  is  hereby  authorized  and  empowered  to  re-  ^*^^''^- 
new  from  time  to  time  any  contract  or  agreement,  so  entered 
into  by  parties,  corporations  named  in  Section  1  of  this  Act  as 
the  same  may  expire,  the  said  power  of  renewal  to  continue  in 
and  be  exercised   by   the    said    corporation.  The  Mayor  and 
Council  of  Wilmington,  for  a  period  of  fifty  years  from  the 
passage  of  this  Act,  and  no  longer. 

Passed  at  Dover,  March  2,  1871. 


AN  ACT  to  alter  the  direction  of  and  to  vacate  portions  of 
certain  streets  in  the  Ninth  Ward  of  the  City  of  Wil- 
mington. 

Section  1.  That  the  present  courses  and  directions  of  courses  of 
portions  of  certain  streets  hereinafter  named,  intersected  by  streets'ai- 
a  new  street  called  the  Boulevard,  recently  laid  out  in  the 
Ninth  Ward  of  the  City  of  Wilmington,  be  and  the  same  are 
hereby  altered  as  follows : 


tered. 


258 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Nineteenth 
street,  east. 


Nineteenth  street,  east.  The  new  course  and  direction  of 
Nineteenth  street  lying  east  of  the  Boulevard  and  imme- 
diately contiguous  thereto  shall  hereafter  be  as  follows,  to 
wit: 


New  course.  Beginning  at  a  point  in  the  centre  line  of  the  Boulevard 

(275)  two  hundred  and  seventy-five  feet  northerly  from  the 
centre  stone  at  the  intersection  of  Eighteenth  street  and  the 
Boulevard ;  thence  southeasterly  at  right  angles  to  the  cen- 
tre line  of  the  Boulevard  until  this  centre  line  intersects  the 
centre  line  of  Nineteenth  street  as  at  present  laid  out. 

Width.  That  part  of  Nineteenth  street  thus  laid  out  shall  be  fifty 

•feet  wide,  measured  at  right  angles  to  the  centre  line  of  said 
street. 


Nineteenth 
street,  west. 


Nineteenth  street,  west.  The  new  course  and  direction 
of  Nineteenth  street  lying  west  of  the  Boulevard  and  imme- 
diately contiguous  thereto  shall  hereafter  be  as  follows,  to 
wit: 


New  coui'se. 


Width. 


Twentieth 
street,  east. 


New  course. 


Beginning  at  a  point  in  the  centre  line  of  the  Boulevard 
(450)  four  hundred  and  fifty  feet  northerly  from  the  centre 
stone  at  the  intersection  of  Eighteenth  street  and  the  Boule- 
vard ;  thence  northwesterly  at  right  angles  to  the  centre  line 
of  the  Boulevard  until  this  centre  line  intersects  the  centre 
line  of  Nineteenth  street  as  at  present  laid  out. 

That  part  of  Nineteenth  street  thus  laid  out  shall  be  fifty 
feet  wide,  measured  at  right  angles  to  the  centre  line  of  said 
street. 

Twentieth  street,  east.  The  new  course  and  direction  of 
Twentieth  street  lying  east  of  the  Boulevard  and  immediate- 
ly contiguous  thereto  shall  hereafter  be  as  follows,  to  wit: 

Beginning  at  the  centre  stone  where  the  centre  line  of 
Madison  street  intersects  the  centre  line  of  Twentieth  street 
as  at  present  laid  out ;  thence  northwesterly  in  a  line  drawn  at 
right  angles  to  the  centre  line  of  the  Boulevard  until  said 
Twentieth  street  intersects  the  centre  line  of  the  Boulevard. 


ACTS  OF   THE   GENERAL   ASSEMBLY.  259 

That  part  of  Twentieth  street  thus  laid  out  shall  be  fifty  width, 
feet  wide,  measured  at  right  angles  to  the  centre  line  of  said 
street. 

Twentieth  street,  west.    The  new  course  and  direction  of  Twentieth 
Twentieth  street,  lying  west  of  the  Boulevard  and  immedi- 
ately contiguous  thereto  shall  hereafter  be  as  follows,  to  wit : 

Beginning  at  the  centre  stone  where  the  centre  line  of  New  course. 
Monroe  street  intersects  the  centre  line  of  Twentieth  street ; 
thence  southeasterly  in  a  line  drawn  at  right  angles  to  the 
centre  line  of  the  Boulevard  until  the  said  Twentieth  street 
int-ersects  the  centre  line  of  the  Boulevard. 

That  part  of  Twentieth  street  thus  laid  out  shall  be  sixty  width, 
feet  wide,  measured  at  right  angles  to  the  centre  line  of  said 
street. 

Twenty-first  street,  east.     The  new  course  and  direction  Twenty-first 

street,  east. 

of  Twenty-first,  street  lying  east  of  the  Boulevard  and  imme- 
diately contiguous  thereto  shall  hereafter  be  as  follows,  to 
wit: 

Beginning  at  a  point  in  the  centre  line  of  the  Boulevard,  New  course. 
(960)  nine  hundred  and  sixty  feet  northerly  from  the  centre 
stone  at  the  intersection  of  Eighteenth  street  and  the  Boule- 
vard ;  thence  southeasterly  at  right  angles  to  the  centre  line 
of  the  Boulevard,  until  this  centre  line  intersects  the  centre 
line  of  Twenty-first  street  as  at  present  laid  out. 

That  part  of  Twenty-first  street  thus  laid  out  shall  be  width, 
fifty  feet  wide,  measured  at  right  a'ngles  to  the  centre  line  of 
said  street. 

Twenty-first  street,  west.    The  new  course  and  direction  ^       .    «    * 

"^  '  Twenty-first 

of  Twenty-first  street  lying  W' est  of  the  Boulevard  and  im-  street,  west. 
mediately  contiguous  thereto  shall  hereafter  be  as  follows, 
to  wit: 

Beginning  at  a  point  in  the  centre  line  of  the  Boulevard  New  course. 
(1190)    eleven  hundred  and  ninety  feet  northerly  from  the 


260 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


Width. 


centre  stone  at  the  intersection  of  Eighteenth  street  and  the 
Boulevard ;  thence  northwesterly  at  right  angles  to  the  centre 
line  of  the  Boulevard  until  this  centre  line  intersects  the 
centre  line  of  Twenty-first  street  as  at  present  laid  out. 

That  part  of  Twenty-first  street  thus  laid  out  shall  be 
fifty  feet  wide,  measured  at  right  angles  to  the  centre  line  of 
said  street. 


Twenty-sec- 
ond street, 
east. 


Twenty-second  street,  east.  The  new  course  and  direction 
of  Twenty-second  street  Ij'ing  east  of  the  Boulevard  and  im- 
mediately contiguous  thereto  shall  hereafter  be  as  follows,  to 
wit: 


New  course. 


Beginning  at  the  centre  stone  where  the  centre  line  of 
Monroe  street  intellects  the  centre  line  of  Twenty-second 
street ;  thence  northwesterly  in  a  line  drawn  at  right  angles  to 
the  centre  line  of  the  Boulevard,  until  the  said  Twenty-second 
street  intersects  the  centre  line  of  the  Boulevard. 


■Width. 


That  part  of  Twenty-second  street  thus  laid  out  shall  be 
sixty  feet  wide,  measured  at  right  angles  to  the  centre  line  of 
said  street. 


Twenty-sec-  TAveuty-sccoud  street,  west.     The  new  course  and  direc- 

west.        '     tion  of  Twenty-second  street  lying  west  of  the  Boulevard  and 

immediately  contiguous  thereto  shall  hereafter  be  as  follows, 

to  wit: 


New  course.  Beginning  at  the  centre  stone  where  the  centre  line  of 

Wooddale  avenue  intersects  the  centre  line  of  Twenty-second 
street;  thence  southeasterly  in  a  line  drawn  at  right  angles  to 
the  centre  line  of  the  Boulevard  until  the  said  Twenty-second 
street  intersects  the  centre  line  of  the  Boulevard. 

Width.  That  part  of  Twenty-second  street  thus  laid  out  shall  be 

sixty  feet  wide,  measured  at  right  angles  to  the  centre  line  of 
said  street. 

Twenty-  Twcntv-third  street,  east.    The  new  course  and  direction 

third  street,  "^  '    .  n     i        t^       i  -i  t    • 

east.  of  Twenty-thn-d  street  lying  east  of  the  Boulevard  and  im- 


ACTS  OF  THE  GENERAL   ASSEMBLY.  261 

mediately  contiguous  thereto  shall  hereafter  be  as  follows,  to 
wit: 

Beginning  at  a  point  in  the  centre  line  of  the  Boulevard,  New  course. 
(1760)  seventeen  hundred  and  sixty  feet  northerly  from  the 
centre  stone  at  the  intersection  of  Eighteenth  street  and  the 
Boulevard;  thence  southeasterly  at  right  angles  to  the  centre 
line  of  the  Boulevard  until  this  centre  line  intersects  the 
centre  line  of  Twenty-third  street  as  at  present  laid  out. 

That  part  of  Twenty -third  street  thus  laid  out  shall  be  width. 
fifty  feet  wide,  measured  at  right  angles  to  the  centre  line  of 
said  street. 

Twenty-third  street,  west.    The  new  course  and  direction  Twenty- 
of  Twenty-third  street  lying  west  of  the  Boulevard  and  im-  west. 
mediately  contiguous  thereto  shall  hereafter  be  as  follows,  to 
wit: 

Beginning  at  a  point  in  the  centre  line  of  the  Boulevard  ^^'^  course. 
(1960)  nineteen  hundred  and  sixty  feet  northerly  from  the 
centre  stone  at  the  intersection  of  Eighteenth  street  and  the 
Boulevard;  thence  northwesterly  at  right  angles  to  the  centre 
line  of  the  Boulevard  until  this  centre  line  intersects  the 
centre  line  of  Twenty -third  street,  as*  at  present  laid  out. 

That  part  of  Twenty-third  street  thus  laid  out  shall  be  ^y^^^^^ 
fifty  feet  wide,  measured  at  right  angles  to  the  centre  line  of 
said  street. 

Wooddale  avenue,  east.    The  new  course  and  direction  of  wooddaie 
Wooddale  avenue  lying  east  of  the  Boulevard  and  immedi- 
ately contiguous  thereto  shall  hereafter  be  as  follows,  to  wit : 

Beginning  at  the  intersection  of  the  centre  line  of  Wood-  New  course. 
dale  avenue  with  the  centre   line    of    Elliott^  avenue  thence 
westerly  and  at  right  angles  to  the  centre  line  of  Elliott^  ave- 
nue until  the  said  Wooddale  avenue  intersects  the  centre  line 
of  the  Boulevard. 

That  part  of  Wooddale  avenue  thus  laid  out  shall  be  sixty  width. 


262  ACTS  OF  THE  GENERAL  ASSEMBLY. 

feet  wide,  measured  at  right  angles  to  the  centre  line  of  said 
avenue. 

Certain  parts  Sec.  2.     That  Madison  street,  between  Eighteenth  street 

streets  va-  and  Twentv-first  street ;  Monroe  street,  hetween  Twentieth 
street  and  Twentj'-second  street;  Wooddale  avenue,  between 
Twenty-second  street  and  Elliott  avenue,  and  Twenty-fourth 
street,  between  Elliott  avenue  and  Park  lane,  as  at  present 
laid  out,  be  and  the  same  are  hereby  vacated. 

Sec.  3.    That  all  Acts  and  parts  of  Acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 
Passed  at  Dover,  April  28,  1893. 


10  D.  L.  362.  Robinson  street,  from  Poplar  street  to  Church  street,  laid 

doAvn  in  the  citj'  plot  as  one  of  the  city  streets,  at  forty  feet 
wide,  at  one  hundred  and  sixty-seven  feet  eight  inches  south 
of  Third  street,  and  one  hundred  and  sixty-seven  feet  eight 
inches  north  of  Second  street,  by  act  February  24, 1849. 


13  D.  L.  58-9.  Name  of  the  Marsh  road  in  Brandywine  Hundred,  run- 

ning from  the  Wilming-ton  and  Philadelphia  Turnpike  road  to 
Shellpot  Dam  in  Cherry  Island  Marsh,  changed  to  "Vandever 
Avenue,"  January  18,  1866. 


20 D.  L.  158.    ^^  ACT  i)i  relation  to  "D"  Street  in  the  City  of  Wilmington. 


Change  in  SECTION  1.    That  "  D "  street  in  the  City  of  Wilmington 

by  streeT*     shall  be  sixty  feet  wide  from  Market  street  causeway  to  Chris- 
D^pSm^ent  tiana  avenue,  with  the  centre  line  of  said  street  parallel  to  and 
made  valid.    ^^  ^^^  distance  of  four  hundred  and  seventy  :feet  southerly 
from  the  centre  line  of  "C"  street. 

Sec.  2.  That  this  act  shall  be  deemed  and  taken  to  be  a 
public  act  and  all  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Passed  at  Dover,  April  13,  1895. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  263 

AN  ACT  to  authorize  the  "Street  and  Sewer  Department"  of  ^^^-  ^-  ^'^^• 
the  City  of  Wilmington,  State  of  Delaware,  to  further  ex- 
tend and  open  Eleventh  street  in  said  city  from  Madison 
street  to  Adams  street,  and  Monroe  street  in  said  city 
from  Tenth  street  to  Delaware  avenue. 

Section  1.  It  shall  be  lawful  for  the  "Street  and  Sewer 
Department ' '  for  said  City  of  Wilmington,  by  a  vote  of  two-  Eleventh 
thirds  of  the  Board  of  Directors  thereof  for  the  time  being, 
further  to  extend  Eleventh  street,  as  laid  down  upon  the 
map,  plan  or  ground  plot  of  said  city  from  Madison  street  to 
Adams  street. 

Sec.  2.  It  shall  be  lawful  for  the  "Street  and  Sewer  De- 
partment" for  said  City  of  Wilmington,  by  a  vote  of  two- 
thirds  of  the  Board  of  Directors  thereof  for  the  time  being, 
further  to  extend  Monroe  street  as  laid  down  upon  the  map,  Monroe 
plan,  or  ground  plot  of  said  city,  from  Tenth  street  to  Dela- 
ware avenue. 

Sec.  3.    All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. , 

Passed  at  Dover,  March  13,  1889. 


AN  ACT  to  further  amend  the  Charter  of  the  City  of  Wil- 

'  '  -^       '  15  D.  L.  563. 

mington. 

Sec.  26.  That  it  shall  not  be  within  the  power  of  the 
City  Council  of  the  said  City  of  Wilmington  to  open  and  ex-  part  of  west 
tend  West  street  in  the  direction  of  the  Christiana  river,  fur-  hib!fe(L^°' 
ther  than  its  present  terminus,  as  laid  down  and  fixed  by  the 
ground  plot  or  map  of  the  said  city,  to  wit :  The  line  of  an 
old  street,  now  vacated,  called  Dock  street,  or  beyond  a  point 
in  said  West  street,  in  the  direction  of  the  said  Christiana 
river,  distant  five  hundred  and  twelve  feet  from. the  centre 
stone  at  the  intersection  of  Front  and  West  streets. 

Passed  at  Dover,  March  21.  1877. 


264  ACTS  OF  THE  GENERAL  ASSEMBLY. 

lOD.  L.  258.  By  an  Act  entitled  "A  further  supplement  to  the  Act 

entitled  'An  additional  supplement  to  the  Act  to  alter  and 
re-establish  the  charter  of  the  Borough  of  Wilmington,'  " 
passed  at  Dover,  January  31st,  1849,  the  City  Council  au- 
thorized to  vacate  an  old  road  or  street,  commencing  at 
Washington  street  and  running  to  the  city  line  on  the  west, 
commonly  known  as  Love  Lane  and  Willing  street. 


10  D.  L.  497.  Eleventh  street,  between  Jefferson  street  and  the  city 

line  on  the  west;  Monroe  street,  between  Tenth  street  and 
the  Delaware  avenue;  and  Wilmington  avenue,  between 
Front  and  Fourth  streets,  vacated  February  14,  1851. 


lOD.L.  633-4. 


By  Act  of   February   4th,    1852,  Water  street,  between 
Poplar  street  and  the  Christiana  river,  vacated. 


11  D.  L.  26.  Part  of  Madison  street,  vacated  February  3,  1853. 

Note. — This  Act  confirms  an  ordinance  vacating  Twelfth  street,  from 
Madison  street  to  line  of  the  Wilmington  and  Brandywine  cemetery. 


11  D.  L.  144. 


Tenth  street,  between  the  westerly  side  of  Tatnall  street 
and  easterly  side  of  West  street,  vacated  January  12,  1855. 


11 D.  L.  145.  Dock  street,  from  Thorn  street  to  the  P.,  W.  &  B.  R.  R., 

vacated  Januarv  12,  1855. 


11  D.  L.  161. 


Washington  street,  between  Front  street  and  the  P.,  W. 
&  B.  R.  R.,  vacated  January  17,  1855. 


11  D.  L.  735.  Fifteenth  street,  vacated  February  24.  1859. 


11 D.  L.  198.  Orange  street,  between  Fourteenth  street  and  Brandy- 

wine  creek,  vacated  February  10,  1855. 

Note.— Right  to  city  reserved  to  have  and  maintain  a  trunk  or  sewer 
trunk  or  gutter  along  line  of  Orange  street,  through  lands  of  Rt.  Rev.  Al- 
fred Lee.  to  carry  water  from  Orange  and  Fourteenth  streets  to  Brandy- 
wine  creek.     See  Sec.  1  of  Act. 


ACTS  OF  THE  GENERAL  ASSEMBLY,  265 

Fifteenth    street,    between    Market    street  and  Tatnall  12  d.  l.  46. 
street,  vacated  February  14,  1861. 


Townsend    or    Marsh    road,    between    westerly  side  of  1^  d.  l.  242. 
Heald  street  and  northerly  side  of  Lobdell  street,  vacated 
March  23,  1871. 


Fifth  street,  between  P.,  W.  &  B.  R.  R.  and  low  water  14  d.  l.  569. 
mark  on  the  Christiana  river,  vacated  March  18,  1873. 

Note. — This  Act  confirms  an  ordinance,  and  reserves  the  right  to  lay 
a  sewer.     See  ordinance,  March  7,  1873. 


Kings  road  or    Old   Ferry    road,    vacated   January  29,  J^  g;  ^;  HI' 

14  d!  l!  658! 
20  D.  L.  685. 


1847 ;  March  28,  1871,  and  April  9,  1873,  and  May  19,  1897.       i*  d.  l.  658. 


Kennett  Turnpike  road  within  city  limits,  and  Miller  lane  12  d.  l.  624. 
or  Gilpin  lane,  vacated  March  15,  1865. 


Walnut  street,  between  Water  street  and  Front  street ;  15  d.  l.  541. 
and  Spruce  street,  between  Robinson  street  and  Front  street ; 
and  Second  street,  between  Pine  street  and  Church  street, 
vacated  March  8,  1877. 

Note. — These  streets  were  vacated  for  depot  purposes  of  P.,  W.  &  B. 
R.  R.  Company. 


Water  street,  between  easterly  building  line  of  French  16  d.  l.  670. 
street  and  westerly  building    line   of   Poplar  street;  and  be- 
tween the  northerly  curb  line  and  the  northerly  building  line 
of  said  Water  street,  vacated  February  10,  1881. 

Note. — This  street  vacated  for  depot  purposes  of  P..  W.   &  B.  R.   R. 
Companj'. 


Wilmington   and   Christiana   turnpike    road   within   the  27  £,  ^  399 
limits  of  the  Citj^  of  Wilmington,   (Maryland  avenue,)    va- 
cated and  made  a  public  highway  or  street  February  9,  1883. 


266  ACTS  OP  THE  GENERAL  ASSEMBLY, 

17  D.  L.  403.  Sixteenth  street,  from  Scott  street  to  DnPont  street,  and 

Fourteenth  street  to  Delaware  avenue,  vacated  April  19,  1883. 

Note. — This  street  was  vacated  for  depot  purposes  for  the  Baltimore 
and  Philadelphia  R.  R.  Company  with  the  proviso  that  the  depot  should 
be  erected  in  whole  or  in  part  before  May  1,  1886. 


17  D.  L.  886,  Right  to  open  Twelfth  street,  between  the  westerly  side 

of  Jackson  street  and  the  easterly  side  of  Clayton  street,  pro- 
hibited ;  and  all  rights  of  The  Mayor  and  Council  of  Wilming- 
ton therein  for  street  purposes  extinguished  April  8,  1885, 


12  D.  L.  480, 


Eeed  street,  from  Wilmington  and  Christiana  Turnpike 
to  ^lonroe  street,  vacated  August  16,  1864. 


Note. — This  is  an  act  confirming-  an  ordinance. 


1'^- ^^s^--  Reed  street,  from  the  easterlv  side  of  ]\Iarvland  avenue  to 

vacated 

April  14, 1885.  the  westerly  side  of  Madison  street,  and  extending  in  width 
from  the  northerly  building  line  of  said  Reed  street,  to  within 
four  feet  from  the  northerly  curb  line  of  said  street. 

Portion  of  [And  all  that  portion  of  the  said  Reed  street  from  the 

"Rppf]  street 

vacated.  westerly  side  of  Monroe  street  to  the  easterly  side  of  Adams 
street.  That  within  ten  secular  days  after  the  passage  of  this 
act  the  firm  of  F,  Blumenthal  &  Co.  shall  pay  to  the  INIayor 
and  Council  of  Wilmington  the  sum  of  two  thousand  (2000) 
dollars  indemnitv  for  the  vacation  of  Reed  street  in  the  City 

Indemnity  -ttt-i      •  -r^   i  o  i         •  t         p   -i\/r 

to  city.  of  W  ilmmgton,  Delaware,  from  the  westerly  side  oi  Monroe 

street  to  the  easterly  side  of  Adams  street.  That  the  Street 
and  Sewer  Department  and  Water  Department  or  their  suc- 
cessors shall  at  all  times  have  access  to  the  vacated  part  of 

Access  to  va-  o  -,  •        ■,  •  •  • 

cated  street.  Reed  street  referred  to  in  this  act,  to  examine,  inspect  or  re- 
pair the  respective  property  under  their  jurisdiction.] 
Passed  at  Dover,  JMay  12,  1897. 


20  D.  L.  679. 


17  D.  L.  868.  Dock  strcct  from  west  side  of  Orange  street  to  east  side  of 

Thorn  street,  vacated  February  24.  1885. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  267 

A  SUPPLEMENT  to  Chapter  14.7  of  Volume  11  of  the  Laws  __ 

of  Delaware. 

Section  1.  That  West  Dock  street,  sometimes  called  g^rto^f  west 
Dock  street,  as  now  or  at  any  time  heretofore  laid  down  on  vacated, 
the  map  or  plan  of  the  City  of  Wilmington,  so  far  as  the  same 
extends  from  the  southeasterly  side  of  Maryland  avenue  east- 
wardly  to  the  Philadelphia,  Wilmington  and  Baltimore  Rail- 
road, be  and  the  same  is  hereby  vacated ;  and  all  provisions 
of  law  or  of  the  ordinances  of  said  city,  so  far  as  the  same 
are  inconsistent  with  this  Act,  are  hereby  repealed. 

Passed  at  Dover,  April  11,  1889. 


AN  ACT  vacating  certain  lands  in  the  City  of  Wilmington,      isd.  l.  895. 

Section  1.  That  all  part  of  Christiana  avenue  or  Cfp^^^^^^ 
street  which  was  conveyed  to  The  Mayor  and  Council  of  Wil-  street  va- 
mington  by  Lucas  Alrich  and  Mary  M.,  his  wife,  by  deed  of 
indenture  bearing  date  July  26th,  1871,  and  recorded  in  the 
Recorder's  Office  at  Wilmington,  in  and  for  New  Castle 
County,  in  Deed  Record  Q,  Vol.  9,  page  407,  &c.  (and  which 
said  covenants  was  made  for  public  use  as  a  part  of  the  bed 
of  Christiana  avenue  or  G  street  as  a  public  highway  for- 
ever), be  and  the  same  is  hereby  vacated  as  a  public  high- 
way and  for  any  public  purpose  whatsoever. 

Sec.  2.     That  the  Mayor  and  Council  of  Wilmington  is  Deeds, 
hereby  authorized  and  directed  through  its  proper  officers  to 
make,  execute  and  deliver  such  deed  or  deeds  or  other  as- 
surances in  the  law  as  may  be  found  to  be  necessary  for  the 
carrying  into  effect  of  the  intents  and  purposes  of  this  Act  ^^^    ^^^ 
and  that  Chapter  189,  Volume  18  of  the  Laws  of  Delaware,  voi  is,  re- 
so  far  as  the  same  relates  to  said  City  of  Wilmington  be  and 
the  same  is  hereby  repealed  and  rendered  void. 

Passed  at  Dover,  April  26,  1889. 


AN  ACT  to  vacate  parts  of  King,  French  and  Walnut  streets,  i9  d-  l-  -toe. 
in  the  City  of  Wilmington.  Parts  of  cer 

Section  1.    That  all  part  of  King  street  which  lies  south  ^^'jye^cffy^ 

of  C  street,  all  that  part  of  French  street  which  lies  south  of  ^on^,a^a"ed 


268  ACTS  OF  THE  GENERAL  ASSEMBLY. 

D  street,  and  all  that  part  of  Walnut  street  which  lies  south 
of  E  street,  in  the  City  of  Wilmington,  be  and  the  same  are 
hereby  vacated,  and  the  person  or  persons  through  whose 
lands  the  parts  of  said  streets  so  vacated  run  or  pass  are 
Enclosure,  hereby  authorized  to  enclose  and  hold  the  same. 
Passed  at  Dover,  April  1,  1891. 


19  D.  L.  407.  AN  ACT  to  vacate  a  portion  of  an  Old  Road  in  the  City  of 
Wilmington. 

Preamble.  Whereas  it  lias  been  represented  to  this  General  Assem- 

bly that  so  much  of  what  was  formerly  an  old  road  in  the  city 
of  Wllming-ton,  known  as  Riddle's  road,  lying  between  the 
point  where  it  intersected  the  westerly  side  of  DuPont  street, 
between  Gilpin  and  Shallcross  avenues,  and  the  point  where, 
after  crossing  Shallcross  and  Lovering  avenues  and  Wawaset 
street,  it  intersects  the  easterly  side  of  Scott  street  north  of 
Wawaset  street,  in  said  city,  has  not  for  some  time  been  used 
or  needed  as  a  roadway  by  reason  of  the  opening  and  paving 
of  Scott  street  and  other  adjacent  streets  and  avenues ; 

And  whereas  it  is  further  represented  that  the  parties 
claiming  the  fee  simple  to  the  land  formerly  used  as  a  road- 
way have  conveyed  portions  thereof  to  owners  of  land  abut- 
ting on  the  line  of  said  old  road  and  are  desirous  of  conveying 
their  interest  in  the  remaining  portions  of  said  old  roadway, 
therefore 

Riddle's  road  SECTION  1.    That  SO  much  of  that  tract  of  land  in  the  City 

in  Wilming-  -r.-  i  n    T 

ton  vacated,  gf  Wilmington,  formerly  used  as  a  road  and  known  as  Riddle  s 
road,  as  lies  between  the  point  of  its  intersection  with  the 
westerly  side  of  DuPont  street,  between  Gilpin  and  Shallcross 
avenues,  and  the  point  of  its  intersection  with  the  easterly  side 
of  Scott  street  north  of  Wawaset  street,  be  and  the  same  is 
hereby  vacated,  and  the  same  may  be  enclosed  or  occupied  by 
any  person  or  persons  to  whom  conveyances  have  been  or  may 
hereafter  be  made  by  the  heir-at-law  of  Leander  F.  Riddle,  de- 
ceased, who  was  the  devisee  of  James  Riddle,  deceased,  who 
claims  to  be  entitled  to  the  land  so  occupied  by  said  road. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  269 

Sec.  2.    This  Act  shall  be  deemed  and  taken  to  be  a  public  Public  act. 
Act,  and  all  Acts  and  parts  of  Acts  inconsistent  herewith  are 
hereby  repealed. 

Passed  at  Dover,  April  17,  1891. 


AN  ACT  to  vacate  a  portion  of  Buttonwood  Street  in  the  City 

of  Wilmi)tgtoii. 

Section  1.    For  the  purpose  of  allowing  the  Wilmington  ^.^^.^.g^jj^  p^^j.^. 
Malleable  Iron  Company  to  enlarge  and  extend  its  buildings  ^ood-street 
on  Buttonwood  street  in  the  City  of  Wilmington ;  so  much  of  vacated. 
said  Buttonwood  street  as  lies  betw^een  the  northerly  building 
line  of  Taylor  street  and  the  southerly  building  line  of  Ninth 
street  is  hereby  vacated;  and  the  Wilmington  Malleable  Iron 
Company  is  hereby  authorized  to  enclose  and  build  upon  the  ^Ht^°^^ji^^'gt_° 
same ;  provided,  that  upon  the  failure  of  the  Wilmington  Mai-  *^"- 
leable  Iron  Company,  its  successors  or  assigns,  within  three  ^'^°'^'^°- 
months  after  the  passage  of  this  Act  to  use  and  occupy  said 
Buttonwood  street  for  the  purposes  herein  mentioned  then 
said  Act  to  be  void  and  of  no  effect ;  and  provided  also,  that  further 
whenever  the  said  Wilmington  ]\Ialleable  Iron  Company,  its  proviso. 
successors  or  assigns,  shall  cease  to  occupy  and  use  the  build- 
ings erected  upon  said  Buttonwood  street  for  business  pur- 
poses then  this  Act  to  be  void  and  of  no  effect  and  the  said 
street  shall  be  opened  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  for  public  travel. 

Sec.  2.     All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Passed  at  Dover,  April  19,  1893. 


AN  ACT  to  vacate  Brohson's  Lane  in  the  City  of  ^Yibnington. 

********** 


20  D.  L.  161. 


Section  1.    That  a  lane  situated  in  the  City  of  Wilming-  grobson's 
ton  extending  from  Pennsjdvania  avenue  to  Eleventh  street  {.^'Jl^t^^^® 
and  known  as  Brobson's    lane   shall   be   vacated  when  Scott  J:[^|^|.^^°" 
street  extending  from  Pennsylvania  avenue  to  Eleventh  street  opened. 
in  said  city  shall  be  opened  and  free  for  travel. 


270 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Owners  of 
adjacent 
land  to  en- 
close same. 


Sec.  2.  The  lane  when  vacated  shall  belong  to  and  be- 
come the  property  of  the  respective  owners  of  real  estate  ad- 
jacnt  thereto,  each  of  the  said  owners  having  respectively  the 
ownership  therein  the  width  of  his  front  to  the  middle  line  of 
said  lane. 

Passed  at  Dover,  April  27,  1895. 


20  D.  L.  665.    ^Y  ^^rjT  ^^  ^^acate  the  Eockford  or  Bancroft  Road  in  the  City 
of  Wilmington. 


Road 
vacated. 


When. 


Damages  to 
adjacent 
owners  for 
vacating 
road. 


Section  1.  That  the  road  situated  in  the  City  of  Wil- 
mington and  known  as  the  Rockford  or  Bancroft  road,  extend- 
ing from  Delaware  avenue  to  Pennsylvania  avenue,  shall  be 
vacated  when  and  as  the  adjacent  and  corresponding  parts  of 
Wopdlawn  avenue  shall  be  declared  by  the  board  of  directors 
of  the  street  and  sewer  department  open  for  travel. 

[Provided,  that  the  owner  or  owners  of  all  lands  abutting 
on  said  Rockford  or  Bancroft  road  shall  be  allowed  compen- 
sation for  damages  incurred  by  reason  of  such  vacating  or 
closing  of  said  Rockford  or  Bancroft  road;  such  damages  to 
Act  of  May  be  determined,  assessed  and  paid  in  the  same  manner  in  all  re- 
D.'  L.  666.  ^  spects  as  is  now  provided  by  law  for  the  assessment  and  pay- 
ment of  damages  incurred  by  the  opening  of  new  streets  in  the 
City  of  Wilmington.] 

Adjacent  Sec.  2.     That  the  land  of  said  road  as  it  shall  be  vacated 

owners  may 

enclose  land,  shall  be  or  bccome  the  property  of  the  respective  owners  of 
real  estate  bordering  thereon,  each  of  the  said  owners  to  have 
respectively  ownership  therein  the  width  of  his  front  to  the 
middle  of  said  road. 

Passed  at  Dover,  March  10,  1897. 


20  D.  L.  688.    ji^T  jicT  to  vacate  a  portion  of  Hawley  Street,  in  the  City  of 
Wilmington. 


^         #         #         ^ 


Hawie"°^  Section  1.     That  all  that  portion  of  Hawley  street,  as 

vacated  ^^^^  down  Oil  the  maps  of  the  City  of  Wilmington,  shall  be  va- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  271 

cated  at  the  point    or    points    where    said    Hawley  street  is 
crossed  by  the  Baltimore  and  Philadelphia  Railroad  Company 
whenever  and  as  soon  as  a  bridge  shall  have  been  built  and  '^'^'hen 
opened  for  travel,  crossing  the  said  railroad  at  a  point  on  the 
line  of  Fourth  street. 

Passed  at  Dover,  May  21,  1897. 


AN  ACT  to  vacate  certain  Roads  and  Streets  in  the  City  of  ^^  ^-  ^-  ^^"• 
Wilmington. 

^  ^  ^  ^  ^  ')^  ^'?  ^  ^c  '^  ^ 

Section  1.    That  those  parts  or  portions  of  "The  Town- •P°'^*|^°'^ °^ 
send  Road"  commencing  at  its  intersection  with' the  westerly  ^^"j.®^^ '^■^" 
side  of  Buttonwood  street  and  Lobdell  street,  and  extending 
-in  a  westerly  direction  to  its  intersection  with  Market  street 
at  "A"  street  excepting  such  portion  of  said  road  as  may  be 
within  the  lines  of  "2I"  street  as  laid  out  on  the  plans  of  Wil- 
mington, be  and  the  same  is  hereby  vacated,  and  the  owners  of  a<5acent°^ 
the  fee  of  the  land  over  which  or  through  which  the  said  road  enciose^same 
hereby  vacated  runs  or  passes,  are  hereby  authorized  to  en- 
close and  hold  the  same;  provided,  that  no  portion  of  the  said ^^'°'^'*^°- 
road  hereby  vacated  shall  be  closed  until  "A"  street  shall  be 
opened  for  public  travel. 

Sec.  2.    That  Duncan  avenue,  extending  from  "G"  street  Duncan 

avenue 

to  the  Christiana  River,  be  and  the  same  is  hereby  vacated,  vacated. 
and  the  owners  of  the  fee  of  the  land  over  which  or  through 

,.,,.,  ,  Owners  of 

which  the  said  avenue  herebv  vacated  runs  or  passes  are  here-  adjacent 
by  authorized  to  enclose  and  hold  the  same.  enclose  same. 

Sec.  3.    That  "  G  "  street  from  its  intersection  with  Chris-  portion  of 
tiana  avenue  easterly  toward  the  Delaware  River,  be  and  the  vS^ated^^^ 
same  is  hereby  vacated,  and  the  owners  of  the  fee  of  the  land 
over  which  or  through  which  the  said  road  hereby  vacated  adjacent°^ 
runs  or  passes  are  hereby  authorized  to  enclose  and  hold  the  lfn"fose^s^ame. 
same. 

Passed  at  Dover,  April  13,  1895. 


272  ACTS  OF   THE  GENERAL   ASSEMBLY. 


CHAPTER  X. 

ACTS  IN  RELATION  TO  REGISTRATION  OF  VOTERS. 

Page  Page 


Act  to  Provide  for  the 
Registration  of  Voters  in 
the  City  of  Wilmington...  272 
Act  Providing  for  a  Uni- 
form System  of  Registra- 
tion of  All  Qualified  Vot- 
ers  in   This   State 301 


Act  IVIatcing  it  Unneces- 
sary to  enter  "Color"  or 
"Age,"  in  "Registers"....  326 
Act  Striking  Out  of  Sec- 
tion 4  of  Article  V  of  the 
Constitution  All  Thereof 
Requiring    the    Payment   of 


Act     Concerning     the     Ap-  Money    as    a     Qualification 


pointment  of  Registration 
Officers  and  the  Prepara- 
tion and  Delivery  of  Regis- 
tration   Books    323 


to    Register    327 

Act  Making  it  Unnecessary 
to  Pay  a  Registration  Fee 
as  a   Qualification   to  Vote.     327 


AN  ACT  to  provide  for  the  Registration  of  Voters  in  the  City 
of  Wilmington.  («) 

(o)   Lore,   C.   J.:      "The  purpose   of   this   statute   is   to   secure   the 
purity  of  elections,  and  to  ascertain  and  enforce 
the  honest  will  of  the  people  as  expressed  by  the  ballot. ' ' 
State  vs.  Brand,  2  Marv.  459  at  460.   (yr.  1897) 

Section  i.i         ******** 

Sfp    o2*         *  *         *  *  *  #         *  * 

[Each  member  of  the  Department  of  Elections  shall  receive  as 
compensation  for  his  services  in  any  year  in  which  there  is 


1.  This  section  referred  to  general  registration  of  voters.  It  is  sup- 
plied by  Act  of  May  27,  1898.  21  D.  L.  69,  p.  301  this  volume. 

The  revision  of  registration,  also  referred  to  in  this  section,  is  sup- 
plied by  Act  of  March  24.  1903,  22  D.  L.  p.  593,  Sec.  1.  p.  352  this  volume. 
(This  Act  amends  Sec.  18  of  the  Act  of  May  27,  1897.  20  D.  L.  p.  375,  gen- 
erally known  as  the  Primary  Election  Law.)  p.  352  this  volume. 

2.  This  section  referred  to  the  appointment  of  a  Department  of 
Elections. — the  term  of  office,  oath,  duties,  powers.  &c.  It  is  supplied  by 
the  following  Acts: 

Act  May  20.  1898,  21  D.  L.  p.  139.  Sees.  1  and  2,  pp.329-330  this  volume; 
two  Acts  of  June  1,  1898,  21  D.  L.  pp.  94  and  146,  pp.  337-338  this  volume; 
Act  Mar.  8,  1901,  22  D.  L.  p.  117,  p.  338  this  volume;  Act  of  Mar.  9.  1907, 
24  D.  L.  p.  153.  p.  341  this  volume;  see  also  Sec.  2  et  seq  of  this  Act  of  May 
13    tSP^'  19  D-  L-  128.  printed  in  the  Appendix. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  273 

held  a  general  or  special  election,  a  salary  of  five  hundred  dol- 
lars to  be  paid  as  hereinafter  provided.  And  each  of  the  said 
members  shall  receive  from  the  City  of  Wilmington  as  com- 
pensation for  his  services  in  any  year  in  which  there  is  held  a 
municipal  election,  a  salary  of  five  hundred  dollars,  payable  as 
other  municipal  election  expenses  are  paid.]^ 

Sec.  3.    The  duties  of  the  members  of  the  Department  of  g^J^J^^^^^j^t 
Elections  shall  be  as  follows :  of  Elections. 

-12*  *  *  *  *  *  *  *  *  * 

2.     They  shall  designate  and  appoint  a  place  of  registry  ^^^9^^^^, 
and  polling  place  in  each  election  district  in  the  city,'^     *     * 
and  the  said  Department  of  Elections  shall  hire*  all  such 
places  and  cause  the  same  to  be  fitted  up,  warmed,  lighted  and  ^^^^i^^lf^j. 
cleaned,  but  in  such  election  district  such  place  shall  be  in  the  registration, 
most  public,  orderly  and  convenient  portion  of  the  district, 
and  no  building  or  part  of  a  building  shall  be  desig-nated  or 
used  as  a  place  of  registry  or  polling  place  in  which,  or  in  any 
part  of  which,  spirituous  or  intoxicating  liquor  is  or  has  been  jj^toxicating 
sold  within  sixty  days  next  preceding  the  time  of  using  the  liquors. 
same. 


3.^ 


* 


4    They  shall  prepare  and  furnish  all  necessary     *     *     *  Sfnvlntences 
books,     *     *     *     forms,    oaths,    certificates,   blanks    and   in-  ^^^  supplies, 


1.  See  Act  April  6,  1893.  19  D.  L.  p.  985,  Sec.  6,  p.  399  of  this  volume. 

2.  This  section  referred  to  the  division  of  the  city  into  election  dis- 
tricts. It  has  been  supplied  by  Act  May  20.  1898.  21  D.  L.  p.  140,  Sec.  3, 
Part  I.  p.  331  this  volume.  See  also  Act  of  June  1.  1898.  21  D.  L.  p.  146. 
pp.  337-8  this  volume,  and  Act  of  June  1,  1898.  21  D.  L.  p.  94.  p.  137  this 
volume. 

3.  The  provision  in  this  section  relating  to  the  giving  of  notice  of  the 
time  of  registration  is  supplied  by  Act  of  May  27,  1898,  21  D.  L.  p.  69,  Sec. 
2.  paragraph  2,  p.  302  this  volume.  See  also  Act  June  1.  1898.  21  D.  L.  p. 
94,  p.  337  this  volume  as  to  places  of  holding  elections.  See  also  same  Act 
p.  114.  Sec  8  as  to  notice  of  time  and  place  of  holding  elections.  The  rest  of 
the  section  has  been  treated  as  obsolete,  it  being  presumed  that  the  Act 
of  May  27,  1898,  above  mentioned,  has  supplied  the  whole  section, 

4.  The  Levy  Court  pays  the  expenses  incurred  by  this  hiring.  See 
Act  May  27,  1898,  21  D.  L.  p.  86.  Sec.  21,  Part  V,  p.  318  this  volume. 

5.  This  section  referred  to  the  preparation  of  books  known  as  "regis- 
ters." The  Governor  does  this  now.  See  Act  May  20,  1898,  21  D.  L.  p.  66, 
Sec.  3,  p.  323  this  volume. 


274 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


structions  for  the  use  of  the  inspectors  of  election,  provide  for 
the  furnishing"  of  such  officers  therewith  and  with  all  neces- 
sary supplies,  and  also  a  copy  of  this  law  for  their  guidance.^ 


Power  to  5.    They  shall  have  power  to  dismiss  any  election  officer 

dismiss  elec-  .         -^  .  '' 

tion  officers,   at  any  time  and  supply  his  place  with  another  person.^    They 
May  employ   may  also  employ  a  clerk  and  such  other  assistants  as  in  the 

clerks  and        ■     t  a 

assistants,  judgment  of  the  members  of  said  department  shall  be  neces- 
sary and  proper  for  the  faithful  performance  by  the  depart- 

Proviso.  ment  of  the  duties  by  this  Act  imposed ;  provided,  the  expense 
thereof  shall  not  exceed  fifteen  hundred  dollars  in  any  one 
year,  which  said  sum  shall  not  include  the  compensation  of 
members  of  the  Department  of  Elections,  inspectors,  and  poll 
clerks,  to  be  paid  as  provided  in  this  Act.^ 

C   4  *  *  *  *  *  #  #  #  *  * 

Election  ma-  '<•     They  shall  furnish  the  inspectors  of  election  in  each 

furnfshed!  ^^  election    district   with    the    hereinafter    named    election   ma- 
.  chinery : 

(\    r       -l!*  jf,  M,  M.  ju  Ak  ^  ^  ^  4!> 

y^\t(^c  ^  -SP  W  ^  ■??  -«•  iff  ^  ^ 


1.  The  Registrars  keep  the  Registers,  Books  of  Registered  Voters  and 
registration  certificates  and  all  other  papers  relating  to  the  registration 
of  voters.  Act  of  May  27,  1898,  21  D.  L,.  pp.  83-84.  Sec.  17  and  19.  pp.  316 
and  317  this  volume.  The  Inspector  of  Elections  does  the  same,  and  keeps 
all  oaths,  affirmations,  &c.,  until  day  after  election,  when  the  same  are  re- 
turned to  Clerk  of  Peace.     Act  June  1,  1898,  21  D.  L.  p.  132,  Sec.  29. 

2.  As  to  general  power  of  appointment  and  dismissal  of  election  of- 
ficers see  Act  June  1.  1898,  21  D.  L.  p.  146,  p.  337  this  volume. 

3.  For  similar  powers,  practically  supplying  the  above  sections,  see 
Act  May  20,  1898,  21  D.  L.  p.  140.  Sec.  3.  Part  II.  p.  331  this  volume.  This 
Act  also  refers   to  registration   officers. 

4.  This  section  gave  the  Department  of  Elections  power  to  make  in- 
quiries as  to  deaths  of  persons,  and  to  have  copies  of  same  made,  and  to 
have  certain  entries  relative  thereto,  made  in  the  "Registers."  The  Act 
of  May  20,  1898,  21  D.  L.  p.  66,  Sec.  3,  and  the  Act  of  May  27,  1898,  21  D. 
L.  p.  70,  Sec.  4  et  seq  (pp.  323  and  303  of  this  volume)  provide  for  the  en- 
tries to  be  made  in  the  Registers,  and  they  contain  no  reference  to  what 
is  mentioned  in  the  above  section,  and  the  forms  and  blanks  to  be  used, 
could  not  include  what  is  mentioned  in  said  section. 

5.  The  above  referred  to  ballot  boxes,  and  is  supplied  by  Act  of  June 
1,  1898,  21  D.  L.  at  p.  109,  Sec.  4. 


ACTS  OF   THE  GENERAL   ASSEMBLY.  275 

/TjNi*  *  *  *  *  *  *  *  *  *To  appoint 

^    ^^  inspectors 

and  fill  va- 

8.     They  shall,  hereafter,  appoint  all  inspectors  of  elec- 
tions        *         *         *         *         #2         ^jj  g^^(j  gj^y^  j^jj^  shall 

also  make  all  necessary  removals  and  transfers  of  election  of- 
ficers and  fill  all  vacancies  which  from  any  cause  may  occur." 

Every  person  so  selected  to  be  an  election  inspector  shall,  on 
receipt  of  notice  thereof,  appear  within  ten  daj's  thereafter  be- 
fore said  department  for  the  purpose  of  examination,  and  if  Examination 
found  qualified  shall,  unless  excused  by  the  department  by  cation"^ ' 
reason  of  ill-health  or  other  good  and  sufficient  cause,  be  bound 
to  serve  as  such  officer  at  every  registration  and  election  for 
the  term  for  which  he  is  appointed,  and  shall  take  the  follow- 
ing oath  of  office,  which  oath  may  be  administered  by  any 
member  of  the  Department  of  Elections  :^ 

I, residing  at  No. ■ — in  the  City  Jmcl''^ 

of  AVilmington,  do  solemnly  sw^ear  (or  affirm)  that  I  will  sup- 
port the  Constitution  of  the  United  States  and  of  the  State  of 
Delaware,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  inspector  of  election  for  the election  dis- 
trict of  the ward  of  the  City  of  Wilmington,  ac- 
cording to  the  best  of  my  ability,  («)  and  that  I  am  a  citizen  of 
the  United  States  and  of  the  State  of  Delaware,  a  qualified  voter 
in  the  City  of  Wilmington  and  not  a  candidate  for  any  office 


1.  The  above  referred  to  tax  receipts  and  stamps. 

Article  V,  Sec.  4,  par.  3  of  the  Constitution  1897  provides  that  one 
should  vote  by  paying  a  registration  fee  of  $1.  This  registration  fee  is 
now  abolished.  See  Act  March  30.  1905,  23  D.  L.  p.  11,  p.  327  this  volume, 
and  Act  March  4.  1907,  24  D.  L.  p.  146.  p.  327  this  volume. 

2.  The  part  omitted  related  to  the  appointment  of  clerks.  The  Judges 
of  Election  appoint  them,  now.     Act  June  1.   1S9S.  21  D.  L.  p.   116,  Sec.  13. 

3.  For  general  powers  to  appoint  election  officers,  etc..  see  Act  June 
1,  1898,  21  D.  L.  p.  146,  p.  337  this  volume. 

4.  This  section  referred  to  the  appointment  of  "election,"  meaning 
registration,  officers.  It  is  supplied  by  Act  of  May  20,  1898,  21  D.  L.  p.  141, 
Sec.  3,  Part  IV,  p.  332  this  volume.  The  Act  of  June  1,  1898,  21  D.  L.  p. 
146  (p.  337  this  volume)  gives  the  Department  of  Elections  power  to  ap- 
point and  remove  all   election   officers. 

5.  See  Act  May  20,  1898,  21  D.  L.  at  p.  143.  Sec.  4.  p.  335  of  this  vol. 


276 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Penalty  for 
neglect  or 
refusal  to 
comply  with 
require- 
ments. 


What  shall 
constitute 
refusal  un- 
der this  Act. 


Certificate 
of  appoint- 
ment. 


Term  of 
office. 


Removal. 


to  be  voted  for  by  the  electors  of  the  district  for  which  I  am 
appointed. 

(a)  This  oath,  to  where  the  note  is  made,  is  verbatim,  like  the  one 
prescribed  in  Art.  14  of  the  Constitution  of  1897.  In  the  case  below 
cited,  it  was  contended  that  the  constitutional  oath  was  the  only  oath 
that  was  necessary  to  be  taken.  The  Court,  without  deciding  the  matter, 
admitted  in  evidence  the  primary  election  oath,  which  was  then  before 
the  Court,  and  the  subject  of  argument. 

State  vs.  Matlack  et  al,  5  Penn.  401  at  420.   (yr.  1905) 

(See  p.  345  of  this  volume.) 

In  case  of  refusal  or  neglect  on  the  part  of  any  person  so 
selected  to  be  an  election  inspector  to  comply  with  the  above 
requirements,  or  to  serve,  or  to  act,  he  shall  be  liable  to  a 
penalty  of  two  hundred  dollars,^  recoverable  by  said  depart- 
ment by  civil  action  in  any  court  of  record  in  the  name  of  the 
"President  of  the  Department  of  Elections  of  the  City  of  Wil- 
mington," and  for  the  use  and  benefit  of  New  Castle  County; 
and  the  failure  on  the  part  of  any  such  person  to  present  him- 
self for  examination  within  the  time  prescribed  or  to  comply 
with  any  of  the  requirements  of  this  Act  preliminary  to  receiv- 
ing his  certificate  of  appointment, -or  to  attend  on  the  day  of 
any  registration  or  the  day  of  any  election  during  his  term, 
unless  prevented  by  sickness  or  other  sufficient  cause,  the  bur- 
den of  proof  of  which  shall  be  upon  the  delinquent,  shall  be 
deemed  a  refusal  Avithin  the  meaning  of  this  Act.  The  Depart- 
ment of  Elections  shall  deliver  a  certificate  of  appointment  to 
whomsoever  shall  be  nominated,  approved  and  sworn  into  of- 
fice by  it  as  an  inspector  of  elections,  said  certificate  to  be  in 
such  form  as  shall  be  prescribed  by  such  Department  of  Elec- 
tions, specifying  the  election  district  in  and  for  which  the  per- 
son to  whom  the  same  is  issued  is  appointed  to  serve,  and  the 
date  of  the  expiration  of  his  term  of  office.  The  inspectors  of 
elections  appointed  under  the  provisions  of  this  Act  shall  re- 
spectively hold  office  for  the  term  of  two  years  unless  sooner 
removed  for  want  of  requisite  qualifications,  or  for  cause;  in 
either  of  which  cases  such  removal,  unless  made  while  the  in- 
spectors are  actually  on  duty  on  a  day  of  registration  or  elec- 
tion and  for  improper  conduct  as  an  election  officer,  shall  only 


1.     See  above  Act,   Sec.   4,  and  also  Act  June  1,   1898,   21  D.  L.  p.  115, 
Sec.   11. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  277 

be  made  after  notice  in  writing  to  the  officer  sought  to  be  re- 
moved, which  notice  shall  set  forth  clearly  and  distinctly  the 
reasons  for  his  removal.     Any  person  appointed  to  fill  any  ^'^*^^'^^^'- 
vacancy  shall  serve  for  the  unexpired  term  of  the  person  whose 
office  he  is  appointed  to  fill.    The  neglect  or  refusal  of  any  per- 
son so  appointed  as   inspector  as   aforesaid  to   appear   and  what  con- 
qualify  as  an  inspector  within  the  time  herein  prescribed  shall  vacancy.^ 
be  deemed  to  create  a  vacancy  in  said  office. 

-|A1#**  *  *  *  *  *  *  * 

In  case  of  refusal  or  neglect  on  the  part  of  any  person  *  * 
to  be  a  poll  clerk  to  eompl}^  with  the  above  requirements,  or  to 
serve,  or  to  act,  he  shall  be  liable  to  a  penaltv  of  two  hundred  Penalty  for 

'  '  jr  .  1-efusal  or 

dollars,  recoverable  in  the  same  manner  and  for  the  same  use  neglect  to 

'  ,  _  comply. 

as  the  penalty  above  provided  in  case  of  refusal  or  neglect  on  .        ,  .     ., 

^  "^  -^  ,  V  .     Act   of  April 

the  part  of  an  inspector  of  election.-  [*        *         *         *         *]  i3, 1S93. 

Inspectors  of  election  and  poll  clerks  *  *  *  * 
*  *  *  *  #  shall  be  entitled  to  receive  three 
dollars  for  each  day's  service  at  any  registration''  or  election,  tion. 
such  compensation  not  to  exceed  in  the  aggregate  the  sum  of 
fifteen  dollars ;  provided,  that  the  inspector  whose  duty  it  shall 
be  to  attend  the  meeting  of  the  board  of  canvass  shall  receive 
the  additional  sum  of  three  dollars  as  a  compensation  for  said 
attendance.  The  said  compensation  shall  be  paid  on  the  cer- 
tificate of  the  President  of  Department  of  Elections,*  as  to  the 
period  of  service,  but  no  payment  shall  be  made  to  any  person 
as  inspector  of  election  or  poll  clerk  who  shall  not  have  taken, 
subscribed  and  filed  the  oath  («)  or  affirmation  required  therein,  oath,  failure 
and  who  shall  not,  during  the  period  of  his  service  have  fully  comply  with. 

1.  This  section  g-ave  the  Department  power  to  appoint  poll  clerks. 
This  power  is  now  exercised  by  the  Judges  of  Election.  See  Act  June  1. 
1898,   21'  D.   L.   at  p.   116,   Sec.   13. 

2.  The  Department  no  longer  having  power  to  appoint  clerks,  the 
above  penalty  is  not  supposed  to  be  operative. 

3.  The  Registrars  now  receive  for  each  day  of  actual  registration  the 
sum  of  $5.  Act  May  27,  1898,  21  D.  L.  p.  85.  Sec.  21,  p.  317  of  this  volume. 
But  the  provision  in  the  above  section  is  applicable  for  the  day  of  revision 
of  registration. 

4.  Under  the  Act  of  May  27,  1898,  21  D.  L.  p,  86,  Sec.  21.  IV,  the  Presi- 
dent of  the  Levy  Court  certifies  to  the  State  Treasurer  the  amount  due 
the  Registrars,  and  he  pays  them.  See  p.  318  of  this  volume.  For  muni- 
cipal elections  the  above  provision  is  applicable. 


278 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Exemption 
from  cer- 
tain duties. 


complied  with  all  the  requirements  of  law  in  anywise  relating 
to  his  duties ;  and  the  acting  of  any  such  person  in  either  of 
said  capacities  without  having  taken,  subscribed  and  filed  the 
said  oath  or  affirmation,  shall  be  deemed  to  be  a  misdemeanor 
and  punished  as  such.  Inspectors  of  election  and  poll  clerks, 
during  the  time  they  hold  such  office,  shall  be  exempt  from  the 
performance  of  military  and  jury^  duty,  and  no  person  who, 
by  the  law  of  this  State  is  exempt  from  jury  duty,  shall  be  re- 
quired to  serve  as  an  inspector  or  poll  clerk  under  this  Act. 

(a)   See  note  "a"  to  See.  3,  (10),  of  this  Act. 


Inspectors  to 
meet  and 
perform  the 
following 
act.s. 


Sec.  4.  The  inspectors  of  election  appointed  pursuant  to 
the  provisions  of  this  Act  shall,  at  the  times  in  this  Act  desig- 
nated for  registration,  meet  in  their  respective  election  dis- 
tricts at  the  places  which,  as  provided  in  this  Act,  shall  be 
designated  therein  for  such  meeting  and  at  such  times-  in  each 
election  district  the  said  inspectors  of  election  shall  openly  and 
publicly  do  and  perform  the  following  acts,  viz : 


Organiza- 
tion. 


1.  They  shall  organize  as  a  board  by  selecting  one  of  their 
number  to  act  as  chairman,  but  in  case  of  failure  to  so  organize 
within  fifteen  minutes  after  the  time  fixed  for  meeting,  the 
chairman  shall  be  selected  bv  lot.'^ 


Application.  2.    They  shall  receive  and  enter  upon  their  several  regis- 

ters the  application  for  registration  of  all  male  persons  who 
shall  personally  present  themselves.'* 

Session.  3.    They  shall  remain  in  session  on  each  of  said  days  and 

on  each  of  the  davs  for  revision  of  registration  from  between 


1.  See  Act  Feb.  25,  1909.  25  D.  L.  p.  534.  Sec.  1. 

2.  See  various  notes  to  the  different  sections  of  the  Act. 

3.  Act  June  1,  1898,  21  D.  L.  at  p.  114,  Sec.  10  makes  the  Inspector  of 
Election  the  Judge  and  the  presiding  officer.  Act  of  May  20,  1898,  21  D. 
L.  p.  141,  Sec.  3.  IV,  says  one  shall  be  "Registrar,"  and  the  other  two  "As- 
sistant Registrars;"  (p.  332  of  this  volume)  and  Act  of  May  27,  1898,  21  D. 
L.  at  p.  76,  Sec.  9  says  two  shall  constitute  a  quorum,  and  the  acts  of  a 
majority  shall  be  as  valid  as  the  acts  of  all  of  them.    P.  310  of  this  volume. 

4.  See  Act  May  27,  1898,  21  D.  L.  at  p.  70,  Sec.  4  for  the  entries  to  be 
made,  p.  303  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


279 


the  hours  of  eleven  and  twelve  o'clock  in  the  forenoon  and 
seven  o'clock  in  the  afternoon/ 


First- 
Second — 
Third— - 
Fourth — 


*  Supplied. 
Act   May   27, 
1898,  21  D.  L. 
70.  Sec.  4, 
Third. 

*  Supplied.  21 
D.  L.  71.  Sec. 
4.  Third  V. 

*  Supplied.  21 
D.  L.  70,  Sec. 
4.  Second. 


Supplied.  21 
D.  L.  at  71. 
Sec.  4,  Third 
IV. 


Fifth— =^  * 

Sixth—  * 
Seventh- — 

Eighth—  * 

Ninth—  * 


^    Repealed. 

Act.  March 

14,    1901,    22 

D.  L.  Ill, 

Sec.  1. 
*-   Supplied.  21 

D.  L.  71.  Sec. 

4,  Third  VI. 
.".   Supplied.  21 

D.  L.  71,  Sec. 

4.  Third  VII. 
„  Supplied,  21 
*  D.  L.  at  71. 

Sec.  4,  Third 

IX. 

«  Supplied,  21 
D.  L.  72.  Sec. 
4,  Third  X. 


Sec.  5.    On  the  days  and  at  the  times     *         *         *         *  inspectors  to 
for  any  revision  of  any  general  registration,  the  duly  qualified  ^^IpUtive^" 
inspectors  of  election  shall  meet  in  their  respective  election  ^jl?^4'°to*^'^' 
districts,  at  the  places  which,  in  accordance  with  the  require-  clrtai™ 
ments  of  this  Act,  shall  have  been  provided  for  such  meetings,  <3uties. 
and  shall  openly  and  publicly  do  and  perform  the  following 
acts,  namely :  each  and  every  of  the  duties  and  requirements 
set  forth  in  sub-divisions  one  and  three  of  Section  •!  of  this 
Act.^    They  shall  in  each  election  district  receive  the  applica-  Applications, 
tions  for  registration  of  all  such  male  persons  whose  names  are 
not  then  borne  upon  the  registers  thereof  as  qualified  voters 
therein  as  shall  personally  present  themselves,  and  who,  on  the 
day  of  election  next  ensuing,  would  be  entitled  to  vote  there- 
in ;  and  as  to  all  applications  made  to  them  shall  proceed  in  the 
manner  provided  in  sub-division  4  of  Section  4  of  this  Act;^ 

1.  Act  May  27.  1898,  21  D.  L.  p.  69.  Sec.  2,  p.  301  this  volume,  makes 
the  time  for  registration  from  8  o'clock  a.  m.  till  7  o'clock  p.  m..  with  an 
intermission  of  from  12  to  1  o'clock.  The  time  mentioned  in  Sec.  3  of  the 
above  Act  is  correct  as  to  revision  of  registration. 

2.  This  referred  to  a  column,  "Sworn."  There  is  none  in  the  Act  of 
May  27.  1898,  21  D.  L.  p.  70,  Sec.  4  (pp.  303-304-305  of  this  volume),  nor  in 
the  Act  of  May  20.  1898,  21  D.  L.  at  pp.  66  and  67,  Sec.  3.  (pp.  323-324-325 
of  this  volume.) 

3.  The  above  referred  to  "Color."  The  Act  of  March  14.  1901,  22  D. 
L.  p.  Ill,  Sec.  1.  says:  "hereafter  such  Registers  shall  not  contain  columns 
for  entries  as  to  color."  p.  326  of  this  volume. 

The  same  entries  are  found  in  the  Act  of  May  20.  1S9S.  21  D.  L.  Sec.  3 
at  pp.  66  and  67.  p.  323  et  seq  of  this  volume. 

4.  See  notes  to  the  different  sections  of  this  Act. 

5.  See    said    above    notes. 


280  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Proviso.  provided,  that  if,  upon  examination,  as  in  this  Act  provided 
for,  of  any  applicant  for  registration  it  shall  appear  that  he 
has,  since  the  last  day  of  any  general  registration  of  voters  or 
revision  thereof  in  the  said  City  of  Wilmington,  moved  into  or 
become  a  resident  of  said  election  district,  the  said  inspectors 
shall  inquire  from  whence  such  applicant  removed  or  came ; 
and  if  it  shall  appear  that  such  removal  was  from  a  place  with- 
in the  said  city  or  State,  they  shall  inquire  if,  in  the  election 
district  in  which  he  resided  at  the  time  of  the  last  preceding- 
general  registration  (naming  such  time),  or  in  which  he  has 
resided  at  rhy  time  subsequent  thereto,  he  has  been  registered,- 
or  has  applied  for  registration ;  and  if  he  state  that  he  has  not, 
then  the  said  inspectors  shall  proceed  with  said  application  as 
with  that  of  any  other  person  who  may  apply  to  them,  but  if 
he  shall  state  that  he  has  been  so  registered,  the  said  inspectors 
shall,  before  further  proceeding,  require  him  to  present  to 
them  a  certificate  of  removaP  as  provided  for  in  this  Act,  so 
that  his  name  shall  not  be  upon  the  registers  of  two  election 
districts,  and  upon  the  presentation  to  any  Board  of  Inspec- 
tors of  any  certificate  of  removal,  the  said  board  shall  treat 
the  person  presenting  the  same  in  the  manner  provided  in  sub- 
division 4  of  Section  4  of  this  Act  for  applicants  for  registra- 
tion.- 

Removal  of  Sec.  6.^    Any  person  who  shall  at  any  time,  as  provided 

regfstration  i^  fhis  Act,  have  applied  to  the  inspectors  of  election  in  any 
election  district  of  said  City  of  Wilmington  for  registration' 
and  shall  have,  in  the  registers  thereof,  been  entered  as  a 
qualified  voter,  and  who  shall,  at  any  time  prior  to  the  close  of 
any  revision  of  registration,  have  removed  from  the  dwelling 
place  under  which  he  shall  as  a  resident  be  borne  upon  the 
registers,  may,  upon  any  day  provided  in  this  Act  for  meet- 
ings of  the  inspectors  of  election  other  than  the  day  of  any 


1.  As  to  removal,  and  the  obtaining  of  a  Certificate  of  Removal,  see 
Act  May  27,  1898,  21  D.  L.  p.  75,  Sec.  8,  p.  309  of  this  volume. 

2.  As  to  the  references  in  this  section  to  "sub-division  4  of  Sec.   4," 
see  notes  on  pp.  278  and  279  of  this  Act. 

3.  On  the  subject  of  Removal,  &c.,  see  Act  May  27.  1S9S.  21  D.  L.  at 
p.  75,  Sec.  8,  p.  309  of  this  volume. 


district. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  281 

election,  personally  appear  before  the  said  inspectors  in  the 
election  district  in  which  he  resided  at  the  time  his  name  was 
entered  upon  the  said  registers,  during  the  hours  in  this  Act 
provided  for  their  sessions  for  such  revision,  and.  if  chal- 
lenged, shall  publicly  take  and  subscribe  before  one  of  said 
inspectors  the  following  oath  or  affirmation,  which  shall  be 
known  as  an  oath  of  removal : 

' '  I, residing  in  the  election  Oath  of 

'  ^  voter  remov-. 

district  of  the  Citj'  of  Wilmington,  do  solemnly  swear  (or  af- ing- 
firm)  that  I,  duly  entered  in  the  registers  of  said  election  dis- 
trict from  said  residence  as  a  qualified  voter,  have  removed  my 

place  of  residence  to  number in  the 

election  district  of  the  City  of  Wilmington,  and  I  do  hereby 
request  that  the  proper  entries  be  made  as  the  same  are  pro- 
vided lor  by  law,  and  that  a  certificate  of  removal  be  furnished 
me  at  this  time." 

Upon  such  oath  or  affirmation  being  made  and  subscribed  _  ^     ,  ^ 

^  '^  Duty  of  In- 

as  herein  provided,  it  shall  be  the  dutv  of  the  said  inspectors  spector  in 

'  •  .        .         case  of  re- 

to  carefull}'  preserve  the  same.  And  upon  such  application,  movai. 
(or  in  case  of  challenge)  upon  any  such  person  so  taking  and 
subscribing  said  oath  of  removal,  the  said  inspectors  of  elec- 
tion, if  satisfied  of  the  identity  of  the  person  making  the  same 
with  the  person  he  claims  to  be  as  the  description  of  said  last 
mentioned  person  shall  appear  on  the  register,  and  if  not  satis- 
fied therewith  shall  at  once,  b}'  an}'  one  whom  said  board  shall 
speciall}^  authorize,  make  an  examination  and  inquiry  at  the 
place  of  residence  of  such  person,  as  the  same  shall  be  entered 
upon  the  registers,  as  to  the  fact  of  the  removal  of  such  person 
from  said  dwelling  place,  when,  if  his  removal  therefrom  shall 
be  found  by  the  report  of  such  person  to  be  a  fact,  shall  im- 
mediately proceed  to  strike  from  said  registers  the  name  of 
such  person  by  entering  in  each  of  the  registers,  opposite  to 
*         *         *         *         *         *^         and  in  the  column  headed 

1.  The  provisions  stricken  out  of  the  above  section  referred  to  "Why 
Disqualified."  "Removed"  and  "Dates  of  Erasing  Name."  They  do  not  ap- 
pear in  either  of  the  Acts  of  May  20,  1898,  21  D.  L.  at  p.  66.  Sec.  3  et  seq 
or  May  27,  1898.  21  D.  L.  p.  70.  Sec.  4  et  seq..  and  are  inconsistent  with  the 
provisions  of  both  of  said  Acts.  (See  pp.  323-324-325,  and  303-304-305  re- 
spectively, of  this  volume.) 


282  ACTS  OF  THE  GENERAL  ASSEMBLY. 

"Remarks,"  the  words  "Transferred  to,"^  together  with  the 
numher  of  the  election  district  to  which  snch  person  shall  in 
his  oath  of  removal  state  he  has  removed,  and  the  initial  letters 
of  the  name  of  the  inspector  who  shall  in  each  of  said  registers 
make  such  entries ;  and  shall,  through  the  name  of  any  such 
person  as  the  same  shall  appear  on  said  registers,  and  there 
only  draw  a  line  as  indicative  that  such  name  is  erased  from 
the  registers  of  that  election  district,  and  the  name  of  any 
such  person  so  found  stricken  and  erased  from  said  registers 
shall,  as  to  his  name  and  residence  at  the  place  in  said  registers 
entered  under  the  column  of  "Residence,"  be  thereafter  con- 
sidered by  the  Department  of  Elections,  all  inspectors  of  elec- 
tion and  all  other  election  officers,  to  be  stricken  from  the  reg- 
isters of  that  election  district  and  shall  be  treated  as  if  never 
entered  thereon.  If  the  dwelling  place  to  which  any  such  per- 
son shall  have  removed  be  within  the  boundaries  of  the  same 
election  district  as  was  his  former  residence,  as  stated  in  the 
registers  of  said  election  district,  the  said  inspector  shall  in 
said  registers,  under  the  number  or  other  description  of  the 
dwelling  place  to  which  such  person  has  removed,  enter  his 
name,  and  in  the  several  columns  opposite  and  against  the 
same,  such  words  and  figures  as  prior  to  the  stinking  from  or 
erasing  the  name  of  such  person  in  the  manner  in  this  section 
above  provided,  where  in  the  columns  similarh'  headed  and 
opposite  to  and  against  the  name  of  each  person  as  upon  said 
registers  it  appeared  under  the  dwelling  place  from  which  he 
shall  have  declared  he  has  removed ;  and  if  the  dwelling  place 
to  which  any  such  person  shall  have  removed  shall  be  within 
the  boundaries  of  any  other  election  district  than  was  the  resi- 
dence under  which  he  was  previously  entered  on  said  registers, 
the  said  inspectors  of  election  shall  fill  up,  sign  and  deliver  to 
such  person  a  certificate  which  shall  be  known  as  a  certificate 
of  removal,  and  shall  be  in  the  words  and  figures  following,  to 
wit : 


1.  The  entry  prescribed  by  the  Act  of  May  27,  1898,  21  D.  L.  at  p,  76, 
Sec.  8  is  "removed  from  this  election  district  into  *  *  *  election  dis- 
trict in  this   county,"    (p.   309   of  this  volume). 


acts  of  the  general  assembly.  *  283 

' '  Certificate  of  Removal. 

...  Certificate 

Polling  place  of  the ■ election  district  m  the  of  removal. 

City  of  Wilmington, 19—. 

"To  the  board  of  inspectors  of  election  elec- 
tion district :     This  is  to  certify  that  the  name  of 


heretofore  residing  at in  this  election  district,  has 

been  by  us,  the  inspectors  of  election  in  this  district,  stricken 
from  the  registers  of  this  district  and  the  proper  erasures 
made  upon  the  oath^  of  removal,  and  at  the  request  of  said 
above-mentioned  person,  and  that  upon  the  registers  of  this 
election  district  were  entered  as  to  him  the  following  state- 
ment: 

Repealed. 

Name    "^  Act  March 

14.  1901,  22 

Residence    Term  of  Residence  d.l.  p.'iii, 

Sworn^ State 

Nativity County 

Naturalized 

Date  of  Application   .  .  . 


Sec.  1. 


QiT'n  7  *********  Repealed, 

^^^-  '  •  Art.  V,  Sec. 

Qirn  !«i  i  *  *  *  *  *  *  *  *  *  -■  Constitu- 

'^^^-  °-  tion  1897. 

Sec.  9.^^  ********         * 


1.  The  oath  is  only  required  in  case  of  challenge.     See  above  section. 

2.  Only  used  when  challenged.     See  the  section  itself. 

3.  The  blanks  now  used  (which  are  copies  of  what  are  contained  in 
the  "Registers,")  also  contain  the  following:  Age,  Election  District.  Reg- 
istered Voter, , Color.  See  Act  May  20,  1898,  21  D.  L.  pp.  66  and  67,  Sec.  3, 
I  "First"  and  "Second."  p.  323-324  of  this  volume.  The  color  is  entered  in 
the  "Book  of  Registered  Voters."  but  not  in  the  Begisters.  Act  of  May 
27.  1898,  21  D.  L.  p.  74.  Sec.  6.  p.  307  of  this  volume.  "  See  also  p.  325,  Act 
of  March  14,  1901.  22  D.  L.  p.  111.  Sec.  1.  p.  326  of  this  volume. 

4.  This  section  referred  to  the  duty  of  inspectors  at  the  close  of  each 
day  of  registration  to  fill  out  and  sign  a  certificate  as  to  persons  regis- 
tered. This  is  supplied  by  Act  of  May  27,  1898.  21  D.  L.  at  73.  Sec.  4 
Fifth,  p.  306  of  this  volume.  And  at  the  close  of  their  last  sitting  the 
registration  officers  perform  the  duties  set  out  in  Sec.  10,  (II  and  III)  of 
the  above  Act,  pp.  76  and  77,  (pp.  310-311  of  this  volume.) 

5.  See  Act  May  27,  1898,  21  D.  L.  76.  Sec.  10  (II  and  III,)  pp.  310-311 
of  this  volume),  and  also  pp.  83  and  84  of  the  same  Act,  Sees.  17  and  19, 
which  provide  that  the  Registration  officers  shall  keep  the  books  till  the 
day  of  the  election,  when  one  set  of  books  is  delivered  to  Inspector  of 
election,  and  the  other  set  is  kept  by  the  Registrar.  )pp.  315-316  of  this 
volume.) 


284 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Sec.  10.1     *#***#*#* 
Sec.  11.-     ********* 
Challenges.  Sec.  12.^    Any  person  applying  to  register  or  offering  to 

vote,  or  who  is  registered,  may,  on  any  day  of  registration  or 
of  election,  be  challenged  by  any  qualified  voter  in  the  city, 
and  any  one  of  the  inspectors  of  election  in  any  election  dis- 
trict in  the  City  of  Wilmington  may  at  any  such  time  or  times, 
and  one  of  them  shall  administer  to  any  person  so  challenged 
the  following  oath  or  affirmation : 


Challenges. 


Party 
challengers. 


Sec.  13.  Any  person  who  is  a  qualified  voter  in  the  city 
may,  upon  the  day  of  registration  or  of  election,  require  the 
name  of  any  registered  person  to  be  marked  for  challenge,  and 
on  such  day  or  days  shall  be  entitled  to  be  heard  b.y  the  in- 
spectors of  election  in  any  election  district  in  relation  to  the 
correctness  of  their  registers.'' 

Sec.  14.^  At  every  election  held  under  the  provisions  of 
this  Act  each  political  party  shall  have  the  right  to  designate, 
place  and  keep  a  challenger  at  each  place  of  registration  and 
voting,  who  shall  be  assigned  such  position  immediately  ad- 


1.  See  above  Act,  21  D.  L.  at  pp.  76  and  77,  Sec.  10,  where  it  provides 
that  the  Registration  officers  immediately  after  the  close  of  their  last  sit- 
ting, shall  make  a  comparison  of  the  registration  books,  (p.  310  of  this 
volume.) 

2.  This  section  referred  to  the  Inspectors  of  election  having  the 
"registers"  with  them  on  election  day,  and  the  method  of  voting  with  a 
stamp  and  tax  receipt,  &c.  See  Act  May  27.  1898,  21  D.  L.  p.  84,  Sec.  19. 
This  section  requires  the  Registrar  on  election  day  one  hour  before  the 
polls  open,  to  deliver  to  the  Inspector  of  election  1  "Register"  and  1  "Book 
of  Registered  Voters."  The  other  set  he  keeps  himself  until  after  the  elec- 
tion, when,  by  virtue  of  Sec.  19,  II,  of  the  same  Act  he  delivers  it  to  the  Clerk 
of  the  Peace,  p.  316  of  this  volume.  See  Act  June  1.  1898,  21  D.  L.  at  118, 
Sec.  18  as  to  method  of  voting  in  lieu  of  that  provided  for  in  the  above 
Sec.  11.  See  Act  May  20,  1897,  20  D.  L.  p.  403,  Sec.  2,  (p.  388  of  this  vol- 
ume.)   See  Act  May  15,  1891,  19  D.  L.  p.  94,  Sec.  19,  (p.  379  of  this  volume.) 

3.  See  Act  May  15,  1891,  19  D.  L.  p.  94,  Sec.  17.  (p.  379  of  this  volume) 
and  Act  May  20,  1897,  20  D.  L.  p.  404,  Sec.  3,  (p.  388  of  this  volume.) 

See  Act  May  27,  1898,  21  D.  L.  at  p.  73,  Sec.  5,  challenge  for  bribery 
of  one  desiring  to  register,  and  oath  to  be  taken;  p.  306  of  this  volume; 
and  see  Act  June  1,  1898.  21  D.  L.  pp.  118-119,  Sec.  19  of  similar  challenge 
of  one  desiring  to  vote  and  oath  to  be  taken. 

By  Act  June  1,  1898,  21  D.  L.  132,  Sec.  29,  the  Inspector  of  election  on 
the  day  after  the  election  delivers  oaths,  affirmations,  &c..  Registers,  and 
Books  of  Registered  Voters  to  the  Clerk  of  the  Peace.  The  same  are  open 
to  public  inspection,   &c. 

4.  See  note  to  Sees.  12  and  14  of  this  Act. 

5.  See  note  to  Sec.  12  of  this  Act. 

See  Act  May  20,  1897,  20  D.  L.  p.  404,  Sec.  3,  p.  388  this  volume,  whidh 
provides  that  the  clerks  of  the  election  shall  be  challengers,  and  the  clerks 
are  named  by  the  Judges  of  election.  See  Act  June  1.  1898.  21  D.  L.  p. 
116,  Sec.  13. 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


285 


joining  the  inspectors  of  election  and  upon  the  inside  of  the 
window^  as  will  enable  him  to  see  each  person  as  he  offers  to 
register  or  to  vote,  and  who  shall  be  protected  in  the  discharge 
of  his  duty  by  the  inspectors  of  election.  Each  political  party 
may  remove  anj^  challenger  appointed  by  it,  and  all  vacancies  vacancfes^of 
which  from  any  cause  shall  arise  shall  be  filled  by  the  same  challengers. 
party,  power  and  authority  as  conferred  the  original  appoint- 
ment. 

Sec.  15.  The  poll  clerks  at  each  poll  in  any  such  city  shall  ^^,*^g°^  p°" 
keep  in  ink  a  poll  list  in  books,  to  be  prepared  and  furnished 
for  that  purpose,  which  shall  contain  a  column  headed  ' '  Name 
of  Voter,"   a   column   headed   "Residence,"   and   a   column 
headed  "Remarks." 

Sec.  16.    The  poll  books  referred  to  in  the  preceding  sec-  poii  books. 
tion  shall  be  in  the  form  as  follows : 


Election  District. 

RESIDENCE. 

NAME  OF  voter. 

REMARKS. 

Form  of  poll 
books. 


The  name  of  each  elector  voting  shall  be  entered  by  each 
poll  clerk  in  the  column  of  his  poll  list  headed  "Name  of  pou  books. 
Voter,"  and  the  residence  of  each  such  elector  in  the  column 
headed  "Residence,"  and  in  the  column  of  "Remarks,"  op- 
posite the  name  of  each  person  challenged,  shall  be  noted  the 
oath  or  oaths  offered  and  taken  by  any  such  person. 


1.     See  note  to  Sec.  2  of  Act  of  May  15, 
this  volume. 


1891,  19  D.  L.  p.   86;  p.  370  of 


286 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


AlDsence  of 
inspectors, 
how  reme- 
died. 


Absence  of 
clerks. 


Proviso. 


Persons  ap- 
pointed to  • 
fill  vacan- 
cies. 


What  shall 
constitute  a 
vacancy. 


Sec.  17.^     *         *         *         *         ##         #         *        * 
Sec.  18.-     ********* 

Sec.  19.  If  at  the  time  for  opening  any  registration,  re- 
vision of  registration  or  any  election,  the  inspectors  or  a  ma- 
jority of  them  be  not  present  at  the  place  of  registration  or 
election,  the  voters  there  may  without  ballot  by  plurality 
choose  a  person  to  supply  the  place  of  every  such  absent  in- 
spector,^ but  the  inspector  or  inspectors  so  chosen  shall  be  of 
the  same  political  faith  and  opinion  as  the  person  or  persons 
for  whose  place  or  places  he  or  they  may  be  chosen  to  fill ;  and 
if,  at  the  time  aforesaid,  either  or  both  of  the  poll  clerks  be  not 
present  at  the  place  of  election,  the  inspectors  shall  choose  the 
person  or  persons  to  fill  the  place  or  places  of  such  absent  clerk 
or  clerks  ;*  provided,  that  the  person  or  persons  so  chosen  shall 
be  of  the  same  political  faith  and  opinion  as  the  person  or  per- 
sons for  whose  place  or  places  he  or  they  may  be  chosen  to  fill. 
When  any  person  shall  be  chosen  to  fill  the  place  of  an  absent 
inspector  or  poll  clerk  he  shall  before  entering  upon  his  duties 
take  and  subscribe  the  oath  as  provided  in  Section  3  (")  of  this 
Act ;  and  a  blank  form  of  said  oath  shall  be  printed  or  written 
in  the  back  of  the  register  provided  to  be  furnished  to  the  in- 
spectors of  election  under  this  Act.     ******** 

(a)   See  note  "a"  to  Sec.  3   (10),  of  this  Act. 


Placing  of 
ballot  box. 


Sec.  20.    Every  ballot  box  shall  be  so  placed  at  a  window 


1.  This  section  provided  for  a  column  with  the  word  "Voted"  in  it, 
and  the  inspectors  of  election  were  required  to  fill  it  up  with  the  words 
"Yes"  or  "No."  The  Acts  of  May  20,  1898,  21  D.  L.  p.  66,  See.  3,  and  May 
27,  1898,  21  D.  L.  p.  70,  Sec.  4  omit  it.  pp.  323-325  and  303-305  respectively 
of  this  volume.  The  Act  of  June  1,  1898,  21  D.  L.  at  p.  118,  Sec.  18,  re- 
quires the  word  "Voted"  to  be  written  opposite  the  name  in  the  Book  of 
Registered  Voters. 

2.  The  above  section  referred  to  the  canvas  of  the  vote.  This  is  done 
by  the  Superior  Court  of  the  county.  See  Act  June  1.  1898,  21  D.  L.  p.  122, 
Sec.    23. 

3.  The  Act  of  June  1,  1898,  21  D.  L.  p.  114,  Sec.  9  provides  that  if  the 
inspector  be  not  present,  the  registrar  shall  shall  serve  as  inspector;  if  he 
be  absent  the  alternate  registrar  shall  act. 

In  Wilmington  the  Department  of  Elections  appoints  all  election  of- 
ficers. Act  June  1,  1898.  21  D.  L.  p.  146,  (p.  337  of  this  volume.)  And  the 
Department  appoints  all  registration  officers.  Act  May  20,  1898,  21  D.  L. 
p.  142,  Sec.  3  part  VII.  p.  333  of  this  volume. 

4.  The  judges  appoint  the  clerks.  Act  June  1.  1898.  21  D.  L.  p.  116-, 
Sec.  13. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  287 

or  elsewhere  that  the  voters  depositing  any  ballot  and  each 
challenger  may  conveniently  see  every  ballot  received  by  the 
inspectors  and  deposited  in  the  ballot  box.     No  screen   or  Screens. 
other  obstruction  to  such  view  of  any  ballot  box  by  the  voter 
or  challenger  shall  be  allowed. 

C^TTI^  Xl       ^  ^  ^  ^  ■'*'  ^  *  *  T^  '^ 

Sec.  22.    No  person  who  is  registered  in  one  election  dis-  Registering 
trict  shall  register  or  cause  himself  to  be  registered  in  another  ^^ce.  "^^"^ 
district-  («) 

(a)  This  Section  and  See.  33  are  alike  in  some  respects.  See  Sec. 
33  "a." 

Lore,  C.  J.:  "Eeference  has  been  made  to  See.  22,  which  covers, 
practically,  the  same  thing.  These  provisions  overlap 
each  other,"  &c.     The  Court  was  referring  to  Sees.  33  and  22. 

State  vs.  LaUv,  2  Marv.  42J:  at  425.   (yr.  1895) 

Sec.  23.    For  all  power,  authoritv  and  duties  in  this  Act  ^^  .    .,     , 

^  '  '  Majority  of 

prescribed  for  or  conferred  upon  and  all  actions  required  of  inspectors 
_  ^  ^  must  con- 

inspectors  of  election,  save  where  such  authoritv  or  action  iscurinaii 

actions,  etc. 

specifically  allowed  to  any  of  said  inspectors,  the  concurrence 
or  assent  of  a  majority  of  all  the  inspectors  of  election  in  any 
election  district  must  in  all  cases  be  obtained.^ 

Sec.  24.  No  person  shall  be  required  to  serve  as  an  in-  inspector 
spector  of  election  for  two  successive  terms.  serve  but 

one  term. 

Sec.  25.      The  several  inspectors   of   election,   and  poll  Election 
clerks,*  in  this  Act  named  and  created  are  and  shall  be  in  all  °^°^''^- 
courts  and  proceedings  deemed  and  held  respectively  to  be 
election  officers ;  and  it  shall  be  the  duty  of  the  said  inspectors 
of  election  and  poll  clerks,  respectively,  or  a  majority  of  said 


1.  This  section  gave  the  Department  of  Elections  authority  to  rent  a 
suitable  place  for  use  by  the  Department. 

It  is  supplied,  verbatim,  by  the  Act  of  May  20.  1S9S.  21  D.  L.  at  p.  144, 
Sec.  5,  p.  336  this  volume. 

2.  See  Sec.  33  of  this  Act. 

3.  See  also  Act   May   27,    1898.    21  D.    L.   p.    76.    Sec.   9.    p.   310   of  this 
volume;  see  Sec.  50  of  this  Act,  p.  300. 

4.  The  judges  name  the  clerks,  not  the  Department  of  Elections.    See 
note  4  to  Sec.  19  of  this  Act,  p.   286. 


288 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


^ttendance    inspectors,  to  be  in  constant  attendance  during  the  hours  and 
officers.  times  fixed  for  the  discharge  of  their  several  duties. 


Duty  of 
election  of- 
ficers to 
make  can- 
vass of  elec- 
tion district. 


Sec.  26.  Any  inspector  of  election,  poll  elerk^  or  any 
challenger,  appointed  in  compliance  with  the  provisions  of  this 
Act.  shall  at  any  time  between  the  first  day  of  registration  or 
revision  of  registration,  as  required  by  this  Act,  preceding  any 
election  and  ten  days  after  the  official  declaration  and  certifi- 
cate of  the  result  of  any  such  election,  have  full  power  and  au- 
thority to  make  a  thorough  and  effective  canvass  of  the  elec- 
tion district  in  and  for  which  he  has  been  or  was  designated  to 
serve  and  act  upon  any  day  of  registration,  or  revision  of  reg- 
istration or  election,  and  to  make  full  inquiry'  respecting  any 
and  every  resident  of  any  dwelling,  building  or  other  place  of 
abode  in  any  such  election  district,  his  age,  term  of  residence 
and  qualifications  as  a  voter ;  but  the  power  and  authority  by 
this  section  conferred  upon  any  inspector  of  election,  poll 
clerk  or  challenger,  shall  wholly  cease  upon  his  resignation  or 
removal  from  the  office  or  position  to  which  he  was  appointed 
or  for  which  he  was  designated. 


Powers  and 
duties  of  in- 
spector of 
election 
while  hold- 
ing election. 


Sec.  27.  The  inspectors  of  election  in  each  election  dis- 
trict, while  discharging  any  of  the  duties  imposed  upon  them 
by  this  Act,  shall  have  full  authority  to  preserve  order  and  en- 
force obedience  to  their  lawful  commands  at  and  around  the 
place  of  registration-  or  election  during  the  time  of  any  regis- 
tration or  revision  of  registration,  election  or  canvass,  estimate 
or  return  of  votes,  to  keep  the  access  to  such  places  open  and 
unobstructed ;  to  prevent  and  suppress  riots,  tumult,  violence, 
disorder  and  all  improper  practices  tending  to  the  intimida- 
tion or  obstruction  of  voters,  the  disturbance  or  interruption 
of  the  work  of  registration  or  voting,  or  the  canvass  estimate 
or  return  of  votes,  and  to  protect  the  voters  and  challengers 
from  intimidation  and  violence,  and  the  registers,  poll  books, 
boxes  («)  and  ballots  from  violence  and  fraud,  and  to  deputize 


1.  See  note  4   on  p.   287   of  this  volume. 

2.  For  similar  powers  of  the  registrars,  see  Act  May  27.  1898,  21  D.  L. 
85,   Sec.   20.   p.   316   of  this  volume. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  289 

if  necessary  one  or  more  electors  to  communicate  their  orders 
and  directions  and  to  assist  in  the  enforcement  thereof. 

(a)  Spruance,  J.:  "It  was  the  duty  of  the  election  officers  to  keep 
safely  the  ballot  boxes,  and  to  repel  any  attempt 
to  capture  them;  and  it  was  lawful  for  them  to  use  such  amount  of  force 
as  was  necessary  for  that  purpose.  The  inspector  did  resist  the  assailants, 
and  finally  repulsed  them,  and  in  so  doing  fired  several  shots, ' '  killing 
one  person. 

State  vs.  Bell,  5  Penn.  192  at  195.   (yr.  1904) 

State  vs.  Brand,  2  Marv.  459  at  461.  (yr.  1897) 

Sec.  28.     The  legal  compensation  of  all  members  of  thecompensa- 
Department  of  Elections  shall  be  paid  quarterly  on  the  last  J^e^-g  "f  Se™' 
day  of  March,  June,  September  and  December  by  the  State  ^^gctions,°^ 
Treasurer  out  of  any  money  belonging  to  the  State  not  other-  ^°^  p^^*^- 
wise  appropriated.^     The  compensation  of  inspectors  of  elec-  compensa- 
tion, poll  clerks  and  other  officers  of  election,  as  provided  for  officers  and'^ 
by  this  Act,-  the  cost  and  expenses  of  all  necessary  election  elplns^s^' 
notices,  posters,  maps,  advertisements,  registers,  books,  blanks,  ^°^  p^'*^- 
stationeiy,  the  rent  and  cost  of  fitting  up,  warming,  lighting, 
cleaning  and  safe  keeping  of  all  places  of  registration  and 
polling  places ;   of   furnishing,   repairing  and   carting  ballot 
boxes,  and  the  cost  of  all  supplies  of  every  kind  and  nature  for 
elections  in  said  city  shall  be  paid  as  other  general  election  ex- 
penses are,  and  upon  proper  warrants  and  vouchers  made  by 
the  Department  of  Elections. 

Sec.  29.    It  shall  be  the  duty  of  the  city  surveyor  to  fur-  j^^^^^  ^^  ^j^y 
nish  to  the  Department  of  Elections  of  said  city  upon  their  re-  surveyor. 
quest  a  map  or  maps  of  the  several  wards  of  the  city  or  any 
and  all  portions  thereof. 

Sec.  30.    Hereafter  it  shall  not  be  lawful  for  any  of  the  change  of 
authorities,  officers  or  agents  of  the  said  City  of  Wilmington  to  name  o^f  °^ 
number  or  re-number  or  change  the  name  of  any  street,  ave-  ^  ^^^  ^'  ^  ^" 
nue,  lane,  road  or  way  in  the  said  city,  or  in  am^vise  change 
or  alter  any  such  number  or  name,  save  between  the  first  day 
of  July  and  the  last  daj'  of  August  of  any  year. 


1.  Supplied  verbatim  in  Act  May  20,  1898,  21  D.  L.  at  p.  145,  Sec.   6. 
(p.  336  of  this  volume.) 

2.  See  Sec.  3  (10)  note  3  of  this  Act,   (p.  277  of  this  volume.) 


290 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Election- 
eering   or 
engaging  in 
political 
discussion. 


Penalty. 


Sec.  31.  It  shall  be  unlawful  for  any  inspeetot*  of  elec- 
tion, poll  clerk  or  challenger  during  the  election  or  canvass  of 
ballots,  or  anj-  person  or  persons  within  the  polling  place,  to 
electioneer  or  engage  in  any  political  discussion.  Any  viola- 
tion of  this  section  shall  be  a  misdemeanor,  and  shall  be  pun- 
ished by  imprisonment  in  the  comity  .jail  for  not  more  than 
ninety  days  or  by  fine  not  more  than  two  hundred  dollars  or 
both. 


Intoxicat- 
ing and 
spirituous 
liquors. 


Penalty. 


Sec.  32.  Whoever,  during  the  sitting  of  any  Board  of  In- 
spectors of  Election  in  any  election  district  in  the  city, 
whether  held  for  the  purpose  of  registration,  revision  of  regis- 
tration, reception  or  canvass  of  votes,  or  of  making  return 
thereof,  shall  bring,  take,  order  or  send  into,  or  shall  attempt 
to  bring,  take  or  send  into  any  place  of  registration,  revision 
of  registration  or  of  election  any  distilled  or  spirituous  liquors 
whatever,  or  shall  at  any  such  time  or  place  drink  or  partake 
of  any  such  liquor,  shall  be  deemed  and  held  to  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  more  than  ninety  days,  or  by  a  fine  of  not 
more  than  one  hundred  dollars  or  both.^ 


Personation. 


Registry  in 
wrong  dis- 
trict or  in 
more  than 
one. 


Sec.  33.  If,  at  any  registration  or  revision  of  registration 
of  voters,  or  at  any  meeting  of  inspectors  of  election  held  for 
such  purpose,  as  provided  in  this  Act,  any  person  shall  falsely 
personate  an  elector  or  other  person  and  register  or  attempt  or 
offer  to  register  in  the  "name  of  such  elector  or  other  person,  or 
if  any  person  shall  knowingly  or  fraudulently  register  or  offer 
or  attempt  to  make  application  to  register  in  or  under  the 
name  of  any  person,  or  in  or  under  any  false,  assumed  or  ficti- 
tious name,  or  in  or  under  any  name  not  his  own,  or  shall 
knowingly  or  fraudulently  register  in  two  election  districts,  («) 
or  having  registered  in  one  district  shall  fraudulently  attempt 
to  offer  to  register  in  another,  or  shall  fraudulently  register  or 
attempt  or  offer  to  register  in  any  election  district  not  having  a 
lawfvil  right  to  register  therein,  (^)  or  shall  knowingh''  or  will- 
fully do  any  unlawful  act  to  secure  registration  for  himself  or 


1.     Supplied  verbatim  by  Act  of  May  27,  1898,   21  D.   L.  at  p.  86,  Sec. 
22.  (p.  318  of  this  volume).     See  also  p.  397  of  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  291 

any  other  person,  or  shall  knowingly,  willfully  or  fraudulently 
by  false  personation  or  otherwise  or  by  any  unlawful  means 
procure  or  attempt  to  cause  or  procure  the  name  of  any  quali- 
fied voter  in  any  election  district  to  be  erased  or  stricken  from 
any  register  of  the  voters  of  such  district  made  in  pursuance 
of  this  Act  or  otljerwise  than  in  this  Act  provided ;  or  by  force, 
threat,  menace,  intimidation,  bribery,  reward  or  offer  (<^)  or 
promise  thereof  or  other  unlawful  means  prevent,  hinder  or  intimidation. 
delay  any  person  having  a  lawful  right  to  register  or  be  reg- 
istered from  duly  exercising  such  right,  or  who  shall  know- 
ingly, willfully  or  fraudulently^  compel  or  induce  or  attempt 
or  offer  to  compel  or  induce  by  such  means,  or  any  unlawful 
means,  any  inspector  of  election  or  officer  of  registration  in 
any  election  district  to  register  or  admit  to  registration  any 
person  not  lawfullj^  entitled  to  registration  in  such  district,  or 
to  register  any  false,  assumed  or  fictitious  name  or  any  name 
of  any  person  except  as  provided  in  this  Act,  or  shall  know- 
ingly or  willfully  or  fraudulently  interfere  with,  hinder  or  intimidation 
delay  any  inspector  of  election  or  other  officer  of  registration  ence  with 
in  the  discharge  of  his  duties,  or  counsel,  advise  or  induce  or  flcen°'^ 
attempt  to  induce  any  such  inspector  or  other  officer  to  refuse 
or  neglect  to  comply  with  or  to  perform  his  duties  or  to  violate 
any  law  prescribing  or  regulating  the  same,  or  shall  aid,  coun- 
sel, procure  or  advise  any  voter,  person,  inspector  of  election 
or  other  officer  of  registration  to  do  any  act  by  law  forbidden 
or  in  this  Act  constituted  an  offense  or  to  omit  to  do  any  act  by 
law  directed  to  be  done;  every  such  person  shall  upon  convic- 
tion thereof  be  adjudged  guilty  of  a  misdemeanor,  and  shall 
be  punished  by  imprisonment  in  the  county  jail  not  more  than 
two  years  or  by  fine  not  more  than  two  hundred  dollars  or  "^  ^" 
both/ 

(a)  Cullen,  J.:  "The  last  clause, — "Or  shall  knowingly  or  fraudu- 
lently register  in  two  election  districts,"  is  the 
one  under  which  the  defendant  in  this  case  is  indicted."  (557)      *      '■ 

"It  is  no  defence  to  say  that  a  man  was  told  so  and  so,  for  the  ig- 
norance of  the  law  excuses  no  man.  We  are  all  bound  by  the  law,  whether 
we  know  it  or  not.     *     *     The  act  says,  and  we  so  construe  the  act,  that 

1.  See  Act  May  27,  1898.  21  D.  L.  at  87.  Sec.  24,  covering  the  .same 
matters,  but  with  imprisonment  not  exceeding  three  years,  and  fine  not 
exceeding  five  hundred  dollars,  or  both  in  the  discretion  of  the  Court,  (p. 
320  of  this  volume.) 


292 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Personation 
of  voters. 


where  a  party  knowingly  registers  twice,  and  those  facts  are  clearly 
proved  to  the  jury  beyond  a  reasonable  doubt,  then  the  party  is  beyond 
all  question  guilty  in  manner  and  form  as  he  stands  indicted. ' ' 

State  vs.  Caldwell,  1  Marv.  555  at  559   (yr.  1895) 

(The  above  section  is  set  out  in  the  above  case,  to  where  the  note 
"a"  is  made.) 

The  same  question  came  up  before  the  Court  a  second  time  in  the 
case  below  cited,  and  the  Court  said : 

Marvel,  J.:  " So,  in  this  instance,  it  is  not  a  question  of  intent,  but 
has  the  defendant  *  *  registered  in  two  election 
districts  in  the  said  City  of  Wilmington?"     If  so,  he  was  guilty. 

State  vs.  Lally,  2  Marv.  424  at  428.  (yr.  1895) 

(b)  An  indictment  that  one,  "at  a  certain  general  registration  of 
all  the  qualified  voters,  unlawfully  and  fraudulently  registered  *  * 
not  having  a  lawful  right  to  register  therein, ' '  is  fatally  defective.  It 
is  too  general.     (Syllabus  560.) 

Lore,  C.  J.:  "  The  elements  of  the  fraud  are  manifold.  *  *  He  is 
entitled  to  have  the  fact  set  forth,  and  not  be  com- 
pelled to  come  here  to  meet  some  one  of  a  dozen,  or  more,  qualifications, 
which  are  necessary  under  our  present  statute  to  qualify  him  to  register. ' ' 

State  vs.  Vincent,  1  Marv.  560  at  562.   (yr.  1895) 

(c)  See  Sec.  34  "a"  as  to  the  difference  between  "offering"  and 
"promising"  a  reward,  &c. 

Sec.  34.  If  at  any  election  hereafter  held  in  the  said  city 
as  pro\aded  in  this  Act  any  person  shall  falsely  personate  any 
elector  or  other  person,  and  vote  or  attempt  or  offer  to  vote  in 
or  upon  the  name  of  such  elector  or  other  person,  or  shall  vote 
or  attempt  to  vote  in  or  upon  the  name  of  any  person  whether 
living  or  dead,  or  in  or  upon  any  false,  assumed  or  fictitious 
name,  or  in  or  upon  any  name  not  his  own,  or  shall  knowingly, 
willfully  or  fraudulently  vote  more  than  once  for  any  candi- 
date for  the  same  office,  or  shall  vote  or  attempt  or  offer  to 
vote  in  any  election  district  without  having  a  lawful  right  to 
vote  therein,  or  to  vote  more  than  once  or  to  vote  in  more  than 
one  election  district,  or  having  once  voted  shall  vote  or  attempt 
or  offer  to  vote  again,  or  shall  knowingly,  willfully  or  fraudu- 
lently do  any  unlawful  act  to  secure  an  opportunity  for  him- 
self or  for  any  other  person  to  vote,  or  shall  by  force,  threat, 
Intimidation  menace,  intimidation,  bribery  or  reward  or  offer  («)  or  promise 
and  bribery,  ^j^gj^g^f  ^p  otherwise  unlawfully,  either  directly  or  indirectly, 
influence  or  attempt  to  influence  any  elector  in  giving  his  vote, 
or  prevent  or  hinder  or  attempt  to  prevent  or  hinder  any 
qualified  voter  from  freely  exercising  the  rights  of  suffrage  or 
by  any  such  means  induce  or  attempt  to  induce  any  such  voter 
to  refuse  to  exercise  any  such  right,  or  shall  by  any  such  means 


Fraudulent 
voting. 


ACTS  OF   THE  GENERAL   ASSEMBLY.  293 

or  otherwise  compel  or  induce  or  attempt  to  compel  or  induce 
any  inspector  of  election  or  other  officer  of  election  in  any  elec- 
tion district  to  receive  the  vote  of  any  person  not  legally  quali- 
fied or  entitled  to  vote  at  the  said  election  in  such  district,  or 
shall  knowing!}',  willfully  or  fraudulentl}'  interfere  with,  de- 
lay or  hinder  in  any  manner  any  inspector  of  election,  poll 
clerk  or  other  officer  of  election  in  the  discharge  of  his  duty, 
or  by  any  of  such  means  or  other  unlawful  means  knowingly, 
willfully  or  fraudulently  counsel,  advise,  induce  or  attempt  to 
induce  any  inspector  of  election,  poll  clerk  or  other  officer  of 
election  whose  duty  it  is  to  ascertain,  proclaim,  announce  or 
declare  the  result  of  any  such  election,  or  to  give  or  make  any 
certificate,  document,  report,  return  or  other  evidence  in  rela- 
tion thereto,  to  refuse  or  neglect  to  comply  wdth  his  duty,  or  to 
violate  any  law  regulating  the  same,  or  to  receive  the  vote  of 
any  person  in  any  election  district  not  entitled  to  vote  therein, 
or  to  refuse  to  receive  the  vote  of  any  person  entitled  to  vote 
therein,  or  shall  aid,  counsel  or  advise,  procure  or  assist  any 
voter,  person  or  inspector  of  election  or  other  officer  of  elec- 
tion to  do  any  act  by  law  forbidden  or  in  this  Act  constituted 
an  oft'ense,  or  to  omit  to  do  any  act  by  law  directed  to  be  done, 
every  such  person  shall  upon  conviction  thereof  be  adjudged 
guilty  of  a  misdemeanor  and  shall  be  punished  for  each  and 
every  offense  bj^  imprisonment  in  the  county  jail  for  not  more 
than  two  years  or  by  a  fine  of  not  more  than  two  hundred  dol- 
lars or  both.^ 

(a)  The  meaning  of  the  words  ''offer"  and  "promise''  are  given 
below. 

Booth,  C.  J.:  " the  argument  for  the  defendant  assmnes  that  to 
offer  a  reward,  or  to  promise  a  reward,  means 
the  same  thing.  But  there  is  a  clear  and  distinct  meaning  to  be  attached 
to  each  of  the  words  *  *  "  offer, "  "promise, "  *  *  as  used  in  the  two 
acts.  To  "offer"  it,  is  to  present  it  for  acceptance  or  rejection;  to 
"promise"  it,  is  to  make  a  declaration  or  engagement  that  it  shall  be 
given,"  &c.      (The  meaning  of  ''give"  and  "procure"  is  also  given.) 

State  vs.  Barker,  4  Har.  559  at  561.   (yr.  1847) 

Sec.  35.     If  any  poll  clerk  or  inspector  of  election  per-  poI]  ?ierks 

•^    ^  '■  ^         making  false 

forming  the  duty  of  poll  clerk  shall  willfully  keep  a  false  poll  entries. 


1.  See  Act  April  6,  1893,  19  D.  L.  p.  986,  Sec.  7,  Municipal  Election 
Law,  pp.  400-401  of  this  volume;  and  see  Act  May  27,  1897.  20  D.  L.  p.  387, 
Sec.  22,  Primary  Election  Law,  p^  356  of  this  volume. 


294 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Penalty. 


list,  or  shall  knowingly  insert  in  his  poll  list  any  false  state- 
ment or  any  name  or  statement  or  any  check,  letter  or  mark  ex- 
cept as  in  this  Act  provided,  he  shall  upon  conviction  thereof 
be  adjudged  guilty  of  a  misdemeanor  and  shall  be  punished  by 
imprisonment  in  the  county  jail  for  not  more  than  two  years 
or  by  a  fine  of  not  more  than  two  hundred  dollars  or  both. 


Failure  of 
inspector  to 
perform  his 
duty. 


Penalty. 


Election  of- 
ficers mak- 
ing false 
canvass  or 
entries,  etc. 


Sec.  36.  Every  inspector  of  election  who  shall  willfully 
exclude  («)  any  vote  duly  tendered,  knowing  that  the  person 
offering  the  same  is  lawfully  entitled  to  vote  at  such  election,  or 
shall  willfully  receive  (^)  a  vote  from  any  person  who  has  been 
duly  challenged  in  relation  to  his  right  to  vote  at  such  election 
without  exacting  from  such  person  such  oath  or  other  proof  of 
qualification  as  may  be  required  by  law.  or  who  shall  willfully 
omit  to  challenge  any  person  offering  to  vote,  whom  he  knows 
or  suspects  not  to  be  entitled  to  vote,  and  who  has  not  been 
challenged  by  any  other  person,  shall  upon  conviction  thereof 
be  adjudged  guilty  of  a  misdemeanor  and  shall  be  punished  by 
imprisonment  in  the  county  jail  for  not  more  than  two  years 
or  by  a  fine  of  not  more  than  two  hundred  dollars  or  both. 

(a)  An  inspector  of  election  was  indicted  "for  refusing  a  legal 
vote."  The  case  seemed  to  depend  upon  the  guilty  knowledge  of  the 
election  officer,  and  the  Court  said : 

By  the  Court :  "  It  is  difficult  to  define  corruption ;  but  we  may  say, 
that  it  is  the  wilfully  and  corruptly  doing  an  act,  or 
omitting  a  duty,  which  a  person,  acting  in  a  public  capacity,  knoics  it  to 
be  his  duty  to  do,  or  omit,  in  disregard  of  his  official  duty,  and  the  ob- 
ligations of  his  oath. ' ' 

State  vs.  Porter,  4  Har.  556  at  557.   (yr.  1847) 

(b)  "The  indictment  was  against  the  defendant  as  presiding  officer 
of  an  election,  for  knowingly  and  wilfully  taking  an  illegal  vote."  (555). 
It  was  a  question  of  residence. 

By  the  Court:     "Did  defendant  take  the  vote  knowing  it  to  be  an 

illegal  vote?    Defendant  acted  in  a  judicial  capacity, 

aud  is  not  to  be  held   liable  criminally  for  a  mere  error  in  judgment. 

*     *     But  if  such  officer,  knowing  a  vote  to  be  illegal,  takes  it  corruptly, 

his  position  cannot  protect  him  from  the  just  punishment  of  his  offence." 

State  vs.  M 'Donald,  4  Har.  555  at  556.   (yr.  1847) 

State  vs.  Frest,  4  Har.  558.   (yr.  1847) 

Sec.  37.  Every  inspector  of  election,  member  of  the  De- 
partment of  Elections,  poll  clerk  or  other  officer  authorized  to 
take  part  in  or  perform  any  duty  in  relation  to  any  canvass  or 
official  statement  of  the  votes  cast  at  any  election,  who  shall 
willfully  make  any  false  canvass   («)   of  such  votes  or  shall 


ACTS  OF   THE  GENERAL   ASSEMBLY.  295 

make,  sign,  publish  or  deliver  any  false  returns  (^)  of  such 
election,  or  any  false  certificate  {'-')  or  statement  of  the  result 
of  such  election,  knowing  the  same  to  be  false,  or  who  shall 
willfully  deface,  i^)  destroy  or  conceal  any  statement  or  cer- 
tificate intrusted  to  his  care  or  custody,  shall  on  conviction 
thereof  be  adjudged  guilty  of  amisdemeanor  and  shall  be  pun- 
ished by  imprisonment  in  the  county  jail  not  more  than  two 
years  or  by  a  fine  of  not  more  than  two  hundred  dollars  or  ^'""^"^y- 
both. 

(a)  See  the  case  of  State  vs.  Matlack  et  al,  5  Penn.  401  (yr.  1905), 
where,  among  other  things,  it  was  charged  that  votes  cast  for  one  candi- 
date, were  read  and  counted  for  another  candidate. 

(6)  Lore,  C.  J.:  "The  offence  designated  under  the  statute  is  "a 
false  return  of  the  election. ' '  In  the  indictment 
the  charge  is  ' '  making  a  false  return  of  the  number  of  ballots  cast  at  said 
election, ' '  which  would  be  an  element  of  the  false  return. ' '  The  indict- 
ment was  therefore  quashed.     Sec.  37  of  the  act  is  referred  to  on  p.  454. 

State  vs.  Conway,  2  Marv.  453  at  455.   (yr.  1896) 

(c)  "  The  prosecution  was  under  Sees.  37  and  40  of  the  Act  of  1891, ' ' 
(p.  457).  "As  to  the  indictment  under  Sec.  37  the  word  "publish"  re- 
fers to  the  certificate  of  election  made  by  the  Board  of  Canvass,'' — (-457) 
(attorney 's  contention.)  The  Court  held  in  an  indictment  "for  publishing 
a  false  certificate  of  the  result  of  an  election.  "  *  it  is  sufficiently  certain 
to  allege  that  the  defendant  ' '  did  then  and  there  wilfully  and  unlawfully 
publish  a  false  certificate  of  the  result  of  said  election  by  then  and  there 
making  a  false  return  to  the  Board  of  Canvass,  &c.,  of  the  number  of 
votes  given  at  said  election ; ' '  and  also,  did  ' '  wilfully,  fraudulently  and 
unlawfully  make  an  alteration  in  said  certificate  of  election  by  then  and 
there  changing  the  number  of  votes  given  at  said  election,"  &c. 

State  vs.  Clark,  2  Marv.  456.   (yr.  1896)   syllabus. 

(d)  See  the  case  of  State  vs.  Brand,  2  Marv.  459.  See  Sec.  40  "  a  " 
of  this  Act. 

Sec.  38.  If  any  person  other  than  inspector  of  election  Fraudulent 
shall  at  anj'  election  knowingly  and  willfully  put  or  cause  to  spectorsi^e't"" 
be  put  anj'  ballot  or  ballots  or  other  paper  having  the  sem- 
blance thereof  into  any  box  used  at  such  election  for  the  recep- 
tion of  votes,  or  if  any  such  inspector  shall  knowingly  and 
wilfully  cause  or  permit  any  ballot  to  be  in  said  box  at  the 
opening  of  the  polls  and  before  voting  shall  have  commenced, 
or  shall  knoAvingly  or  wilfully  or  fraudulently  put  any  ballot 
or  other  paper  having  the  semblance  thereof  into  any  such 
box  at  any  such  election,  unless  the  same  shall  be  offered  by  an 
elector  and  his  name  shall  have  been  found  and  checked  upon 
the  registers  as  hereinbefore  provided,  or  if  an}'  such  inspector 


296 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


Penalty. 


Willful  neg- 
lect of  duty 
by  election 
officers. 


Penalty. 


Stealing  or 
secreting 
records,  reg- 
isters, etc. 


Penalty. 


or  other  officer,  or  person  shall  fraudulently  before,  during  or 
after  the  canvass  of  ballots  in  any  manner  change,  substitute 
or  alter  any  ballot,  or  shall  remove  any  ballot  or  semblance 
thereof  from,  or  add  any  ballot  or  semblance  thereof  to  the 
ballots  found  in  any  box  upon  the  closing  of  the  polls,  every 
such  person  shall  upon  conviction  thereof  be  adjudged  guilty 
of  a  misdemeanor  and  shall  be  punished  by  imprisonment  in 
the  county  jail  for  not  more  than  two  years  or  by  a  fine  of  not 
more  than  two  hundred  dollars  or  both. 

Sec.  39.  If  any  member  of  the  Department  of  Elections, 
any  inspector  of  election,  poll  clerk  or  other  officer  of  registra- 
tion, election  or  canvass,  of  whom  any  duty  is  required  in  this 
Act  or  by  the  general  election  laws  of  this  State  (so  far  as  the 
same  are  consistent  with  the  provisions  of  this  Act),  shall  be 
guilty  of  any  willful  neglect  of  such  duty,  of  any  corrupt  or 
fraudulent  conduct  or  practice  in  the  execution  of  the  same, 
he  shall  on  conviction  thereof  be  adjudged  guilty  of  a  misde- 
meanor and  shall  be  punished  by  imprisonment  in  the  county 
jail  for  not  more  than  two  years  or  by  a  fine  of  not  more  than 
two  hundred  dollars  or  both.^ 

Sec.  40.  Every  inspector  of  election,  poll  clerk  or  other 
officer  or  person  having  the  custody  of  any  record,  register  of 
votes  or  copy  thereof,  oath,  return  of  votes,  certificate,  poll  list 
or  any  paper,  document  or  evidence  of  any  description  in  this 
Act  directed  to  be  made,  filed  or  preserved,  who  is  guilty  of 
stealing,  willfully  destroying,  mutilating,  defacing,  falsifying 
or  fraudulently  removing  or  secreting  the  whole  or  any  part 
thereof,  or  who  shall  fraudulently  make  any  entrj^  erasure  or 
alteration  («)  therein,  except  as  allowed  and  directed  by  the  pro- 
visions of  this  Act,  or  who  permits  any  other  person  to  do  so 
shall  upon  conviction  thereof  be  adjudged  guilty  of  a  misde- 
meanor and  shall  be  punished  for  each  and  every  such  offense 
by  imprisonment  in  the  county  jail  not  exceeding  two  years  or 
by  a  fine  of  not  more  than  two  hundred  dollars  or  both.^ 

(a)   This  section  is  set  out  verbatim  in  the  case  below  cited. 
Lore,  C.  J.:      "Under  the  statutes  of  this   State"   the   "inspector 
*     *     -was  the  custodian  of  the  ballot  box,  with  the 

1.  See  Act  May  20,  1898,  21  D.  L.  at  p.  145,  Sec.  7,  covering  the  same 
matters  as  to  the  Department  of  Elections,  (p.  336  of  this  volume.) 

2.  See  Act  May  27,   1897,    20  D.   L.   p.   384,   Sec.    16,   Primary  Election 
Law.   (p.  351  of  this  volume.) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  297 

ballots ' '  and  *  *  "  one  certificate  of  election  deposited  therein, ' ' —  *  * 
&c.  (461).  "Under  the  statute"  he  'Svould  be  liable,  if  he  either  made 
the  alteration  himself,  or  by  his  negligence,  permitted  another  to  make 
it. " 

State  vs.  Brand,  2  Marv.  459  at  462.  (yr.  1897) 

State  vs.  Clark,  2  Marv.  456.   (yr.  1896) 

Sec.  41.     Every  person  not  an  officer,  such  as  is  men- 
tioned in  the  last  preceding  section,  who  is  guilty  of  any  of  the  fenses  named 
acts  specified  in  said  section  or  who  advises,  procures,  or  abets  '^ 
the  commission  of  the  same,  or  any  of  them,  shall  upon  convic- 
tion thereof  be  adjudged  guilty  of  a  misdemeanor  and  for 
each  and  every  such  offense  shall  be  punished  by  imprison- 
ment in  the  county  jail  not  exceeding  two  years  or  by  a  fine  of  Penalty, 
not  more  than  two  hundred  dollars  or  both. 

Sec.  42.     Any  person  who  shall  be  convicted  of  willful  pg^..^^. , 
false  swearing  or  affirming  in  taking  any  oath  or  affirmation 
prescribed  by  or  upon  any  examination  provided  for  in  this 
Act  shall  be  adjudged  guilty  of  perjury. 

Sec.  43.     Every  person  who  shall  willfully  or  corruptly  suborna- 
instigate,  advise,  induce  or  procure  any  person  to  swear  or  af- jiry.°  ^^^' 
firm  falsely  as  aforesaid,  or  attempt  or  offer  so  to  do,  shall  be 
adjudged  guilty  of  subornation  of  perjury,  and  shall  upon 
conviction  thereof  suffer  the  punishment  directed  by  law  in 
cases  of  perjury. 

Sec.  44.  If  any  person  shall  fraudulently  change  or  alter  Tampering 
the  ballot  of  any  elector,  or  substitute  one  ballot  for  another,  ^n^\oU^rs^ 
or  fraudulently  furnish  any  elector  with  a  ballot  containing 
more  than  the  proper  number  of  names,  or  shall  intentionally 
practise  any  fraud  upon  any  elector  to  induce  him  to  deposit 
a  ballot  as  his  vote  and  to  have  the  same  thrown  out  and  not 
counted,  or  to  have  the  same  counted  for  a  person  or  candidate 
other  than  the  person  or  candidate  for  whom  such  elector  in- 
tended to  vote,  or  otherwise  defraud  him  of  his  vote,  every 
such  person  shall  upon  conviction  thereof  be  adjudged  guilty 


298 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


of  a  misdemeanor  and  shall  be  punished  by  imprisonment  in 
the  county  jail  for  not  more  than  two  years  or  by  a  fine  of  not 
more  than  two  hundred  dollars  or  both. 


Sec.  45.  If  any  person  shall  willfully  disobey  any  lawful 
command  of  any  inspector  of  election  or  of  any  board  of  in- 
spectors of  election,  given  in  the  execution  of  his  or  their  duty 
as  such  at  any  election,  he  shall  upon  conviction  thereof  be  ad- 
judged guilty  of  a  misdemeanor  and  shall  be  punished  by  im- 
prisonment in  the  county  jail  for  not  more  than  one  year  or  by 
Amendment,  a  fine  of  not  more  than  two  hundred  dollars  or  both.     [And  if 

Act  of  April 

13, 1S93.  any  policeman  or  officer  of  police  of  the  City  of  Wilmington 

willfully  disobey  any  lawful  command  of  any  board  of  inspec- 
tors of  election  in  the  exercise  of  their  duty  as  such  at  any 
election  as  aforesaid,  and  upon  conviction  thereof  by  the  Mu- 
nicipal Court  of  the  City  of  Wilmington,  he  shall  in  addition 
to  the  punishment  by  this  Act  imposed,  forfeit  his  office  or 
position  upon  the  police  force  and  be  ineligible  for  a  period  "of 
one  year.] 

Sec.  4:6.  If  at  any  registration  or  revision  of  registration 
of  voters,  or  on  any  day  of  election,  or  during  the  canvass  of 
the  votes  cast  thereat,  any  person  shall  cause  any  breach,  of  the 
peace  or  use  any  violence  or  threats  of  violence,  wherebj^  anj- 
such  registration,  revision  of  registration,  election  or  canvass 
shall  be  impeded  or  hindered,  or  whereby  the  lawful  proceed- 
ings of  any  inspector  of  election,  or  board  of  inspectors  of 
election,  or  poll  clerk  or  other  officer  of  such  election,  or  chal- 
lenger, as  hereinbefore  provided,  are  interfered  with,  every 
such  person  shall  upon  conviction  thereof  be  adjudged  guilty 
of  a  misdemeanor  and  shall  be  punished  by  imprisonment  in 
the  county  jail  for  not  more  than  two  years  or  by  a  fine  of  not 
more  than  two  hundred  dollars  or  both.^ 


Disobeying 
inspectors. 


Penalty. 


Police, 
duties  of. 


Penalty. 


Breach  of 
peace,  vio- 
lence, 
threats,  etc. 


Penalty. 


Sec.  47.-  If  any  person  shall  knowingly  or  willfully  ob- 
struct, hinder,  assault  (")  or  by  bribery,  solicitation  or  other- 
wise interfere  with  any  inspector  of  election,  poll  clerk  or  chal- 


1.  See  Act  May  27.   1S98,    21   D.   L.   p.   87.    Sec.   24,    (p.   319  of  this  vol- 
ume.) 

2.  See  Sec.  33  of  above  Act.  p.   290. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  299 

lenger  in  the  performance  of  any  duty  required  of  him  or 
which  he  may  by  law  be  authorized  or  permitted  to  perform ; 
or  if  any  person  by  any  other  means  before  mentioned  or 
otherwise  unlawfully,  shall  on  the  day  of  registration,  revision 
of  registration,  or  of  election,  hinder  or  prevent  any  inspector 
of  election,  poll  clerk  or  challenger  in  his  free  attendance  and 
presence  at  the  place  of  registration  or  of  election  in  the  elec- 
tion district  in  and  for  which  he  is  appointed  to  serve,  or  in 
his  full  and  free  access  and  egress  to  and  from  any  such  place 
of  registration  or  election,  or  to  and  from  any  room  where  any 
such  registration  or  election,  or  canvass  of  votes,  or  of  making 
any  returns  or  certificates  thereof,  may  be  had,  or  shall  molest, 
interfere  with,  remove  or  eject  from  any  such  place  of  regis- 
tration, or  poll  of  election,  or  of  canvassing  ballots  cast  there- 
at, or  of  making  the  returns  or  certificates  thereof,  any  such 
inspector  of  election,  poll  clerk  or  challenger,  or  shall  unlaw- 
fully threaten  or  attempt  or  offer  so  to  do,  every  such  person 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  county  jail  for  not 
more  than  two  vears  or  bv  a  fine  of  not  more  than  two  hun- 

^  "^  Penalty. 

dred  dollars  or  both. 

(«)  The  defendant  was  indicted  and  tried  in  the  Court  of  General 
Sessions  for  an  assault  and  battery  upon  an  inspector  of  election  in  Wil- 
mington, at  an  election  held  for  members  of  the  Board  of  Education. 
That  act  provided  that  the  registration,  election,  &c.,  should  be  held  in 
conformity  with  the  provisions  of  the  election  and  registration  laws  gov- 
erning general  elections.  ' '  The  effect  of  this  provision  was  to  incorpo- 
rate certain  provisions  of  Chap.  39,  Vol.  19,  Laws  of  Del..  Sec.  47,  of 
which,  reads  as  follows,"  (526)  &:e.  (The  section  is  partly  set  out.)  The 
Court  held  the  Municipal  Court  had  exclusive  jurisdiction,  and  said : 

Lore,  C.  J.:     "  You  describe  the  party  as  an  election  officer  in  the 

City  of  Wilmington.     *     *     This  is  an   assault,   and 

we  think  the  jurisdiction  extends  not  only  to  common  law  assaults,  but  to 

any  assault  created  by  statute,  unless  the  Municipal  Court  was  distinctly 

ousted  by  express  terms. ' ' 

State  vs.  Anderson,  1  Marv.  526  at  527.   (yr.  1893) 

Sec.  48.     Any  inspector  of  election  who  shall  willfully  Neglect  or 
neglect  or  when  called  on  shall  willfully  decline  to  exercise  the  l^l^-l^^  *° 
powers  conferred  on  him  in  this  Act,  for  anj'  of  the  purposes 
set  forth  in  Section  27  of  this  Act,  shall  be  deemed  guilty  of  a  • 

misdemeanor  and  on  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  county  jail  for  not  more  than  one  year  or  penalty, 
bv  a  fine  of  not  more  than  two  hundred  dollars  or  both. 


300 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Stealing  or 
destroying 
ballot-box, 
etc. 


Penalty. 


Majority 
decision. 


Penalty. 


Sec.  49.  If  any  person  shall  steal  or  willfully  break  or 
destroy  any  ballot  box  used  or  intended  to  be  used  at  any  elec- 
tion or  shall  willfully  or  fraudulently  conceal,  secrete  or  re- 
move any  such  box  from  the  custody  of  the  inspectors  of  elec- 
tion, or  shall  alter,  deface,  injure,  destroy  {^)  or  conceal  any 
ballot  which  has  been  deposited  in  any  ballot  box  at  such  elec- 
tion or  any  poll  list  used  or  intended  to  be  used  at  such  elec- 
tion, or  any  report,  return,  certificate  or  other  evidence  in  this 
Act  required  or  provided  for,^  shall  on  conviction  thereof  be 
adjudged  guilty  of  a  misdemeanor,  and  shall  for  each  and 
every  such  offense  be  punished  by  imprisonment  in  the  county 
jail  for  not  more  than  two  years  or  by  a  fine  of  not  more  than 
two  hundred  dollars  or  both. 

(a)  "The  defendant  was  indicted  under  Sec.  49  of  Ch.  39,  Vol.  19, 
Laws  of  Delaware,  the  charge  being  that  he  ' '  Did  then  and  there  unlaw- 
fully destroy  certain  ballots,"  &c.    (430) 

Lore,  C.  J.:  "  The  distinct  charge,  and  the  only  thing  that  you 
have  anything  to  do  with,  is,  whether  or  not  he  de- 
stroyed those  ballots. ' ' 

(The  Court  held  the  indictment  did  not  have  to  show  specifically  how 
they  were  destroyed.)  431. 

State  vs.  Mundy,  2  Marv.  429  at  432.   (yr.  1895) 

Sec.  50.  If,  in  any  election  district,  in  any  registration  or 
revision  of  registration  of  voters,  or  at  any  election  hereafter 
held  in  said  city,  any  inspector  of  election  or  poll  clerk  shall 
knowingly  or  willfully  admit  any  person  to  registration,,  or 
make  any  entry  upon  any  register  of  voters  or  poll  books,  or 
receive  any  vote,  or  proceed  with  a  canvass  of  ballots,  or  shall 
consent  thereto,  unless  a  majority^  of  the  inspectors  of  elec- 
tion in  said  election  district  are  present  and  concur,  he  shall 
upon  conviction  thereof  be  adjudged  guilty  of  a  misdemeanor, 
and  shall  be  punished  by  imprisonment  in  the  county  jail  for 
not  more  than  sixty  days  or  by  a  fine  of  not  more  than  one 
hundred  dollars  or  both. 


irreguiaii-  g^c.  51.    Irregularities  or  defects  in  the  mode  of  noticing, 

fects.  canvassing,  polling  or  conducting  any  election  authorized  by 


1.     See  also  Act  May  15,   1891,   19  D.   L.   p.    100,    Sec.   36   (p.   386   of  this 
volume.) 

2.  See  Sec.  23  of  this  Act,  p.  287;  see  also  Act  May  27,  1898,  21  D.  L. 
pp.  76-77,  Sees.  9  and  11,  (pp.  310-311  of  this  volume);  see  also  Act  June 
1,  1898,  21  D.  L.  pp.  118-119,  Sec.  19. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  301 

this  Act  shall  constitute  no  defense  to  a  prosecution  for  a  vio- 
lation of  the  provisions  of  this  Act. 

Sec.  52.    Upon  any  prosecution  for  procuringv  offering  or  Prosecution, 
casting  an  illegal  vote,  the  accused  may  give  in  evidence  any 
fact  tending  to  show  that  he  honestly  believed  upon  good  rea- 
son that  the  vote  complained  of  was  a  lawful  one. 

Sec.  53.    It  is  hereby  made  the  special  duty  of  the  Attor-  Duty  of 
ney-General  of  the  State  of  Delaware  to  immediately  prose-  Genera!?^ ' 
cute  all  complaints  which  may  be  made  of  a  violation  of  any 
of  the  provisions  of  this  Act  to  final  judgment ;  and  it  shall  be 
the  duty  of  the  Department  of  Elections  to  notify  the  said  At- 
torn ej^-General  of  all  violations  under  this  Act.^ 

Sec.  54.    That  all  laws  or-parts  of  laws  heretofore  passed  inconsistent 
inconsistent  with  any  of  the  provisions  of  this  Act  be  and  the  pe^ied ' 
same  are  hereby  repealed. 

Passed  at  Dover  May  13,  1891. 


AN  ACT  Providing  for  a  Uniform  System  of  Begistration  0/ 21  d.  l.  69. 
all  Qualified  Voters  in  this  State. 

Section  1.    That  for  the  purpose  of  preventing  fraud  at  General  reg- 

^        -^  '■  °  istration  of 

all  elections  held  on  the  Tuesday  next  after  the  first  ]\Ionday  voters. 
in  the  month  of  November,  as  provided  by  Section  1  of  Article  Purpose. 
5  of  the  Amended  Constitution,  and  facilitating  the  ascertain- 
ment of  those  who  are  duly  qualified  electors  according  to  the 
said  amended  Constitution  and  laws  of  this  State,  there  shall 
hereafter  be  a  general  registration  of  all  the  qualified  voters 
resident  in  each  election  district  of  this  State. 

Sec.  2.    It  shall  be  the  duty  of  the  Registrar  and  two  As-  Duty  of 

.-r,.  .  .  .  ....     registration 

sistant  Registrars  apponited  ni  each  election  district  m  this  officers. 
State  to  register  the  names  of  all  qualified  voters  in  each  of 
such  election  districts  as  hereinafter  provided  in  this  Act. 


1.  See  Act  May  20,  1898,  21  D.  L.  at  p.  145,  Sec.  8.  (p.  336  of  this  vol- 
ume.) This  section  supplies  Sec.  53  so  far  as  it  relates  to  the  duty  of  the 
Department  of  Elections. 


302  ACTS  OF  THE  GENERAL  ASSEMBLY. 

reaMstra/ion  -^^^  ^0  that  end  shall  sit  for  the  purpose  of  ascertaining  and 
registering  the  persons  who  are  qualified  to  enjoy  the  right  of 
an  elector  at  the  general  election  then  next  following,  at  such 

Places.  public  and  suitable  places^  in  their  respective  election  districts 

as  will,  in  their  judgment,  be  most  convenient  for  the  voters 

Hours.  thereof,  from  8  o'clock  A.  M.  until  7  o'clock  P.  M.,  with  an  in- 

termission from  12  to  1  o'clock,  on  the  three  successive  Satur- 

Days.  days  in  August,  beginning  with  the  first  Saturday  in  August, 

and  on  the  third  Saturday  in  September,  and  on  the  third  Sat- 
urday next  preceding  the  day  of  election. 

Notices  of  Each  of  said  Registrars,  at  least  ten  days  prior  to  the  first 

J)13/CGS  01  S1l~ 

ting.  sitting  for  the  purpose  of  registration  as  aforesaid,  shall  give 

public  notice,  by  advertisement,  posted  in  ten  or  more  of  the 
most  public  places  in  his  election  district,  of  the  places  where 
the  Registration  officers  shall  sft  for  the  registration  of  voters 
as  aforesaid,  and  the  day  or  days  when  the}'  will  sit  at  each  of 
said  places. 

Persons  who  §£(..   3.     The  Registration  officers  shall  admit  into  the 

are  admitted  ° 

in  room.         room  in  which  registration  is  being  made  one  suitable  person 
to  be  selected  by  and  to  represent  each  of  the  political  parties 
having  tickets  to  be  voted  for  at  the  coming  election  the  appli- 
Limitation     cants  for  registration  (one  at  a  time)  and  such  witness  or  wit- 
fn  room'^^^'^^  uesses  as  the  applicant  may  desire  to  establish  his  right  to  be 
registered,  and  such  witness  or  witnesses  as  the  person  w^ho 
challenges  the  right  of  any  applicant  to  be  registered  as  he 
raay  name  provided,  however,  that  in  no  case  shall  there  be 
more  than  one  witness  in  the  room  at  the  same  time,  and  pro- 
sons  not  ad-  vided  further  that  no  other  person  or  persons  shall  be  admit- 
mitted.  |.g^  jj^^Q  ^Yye  room  during  the  registration  of  voters,  and  they 

persons^        may  eject  from  the  room  any  of  such  persons  behaving  in  a 
•    disorderlv  manner. 


1.  The  Department  of  Elections  for  the  City  of  Wilmington,  at  the 
time  of  dividing  the  city  into  election  districts,  designates  a  suitable  and 
proper  place  in  each  election  district,  for  the  holding  of  elections  therein, 
and  persons  entitled  to  vote  shall  vote  at  such  places.  Act  June  1.  1898, 
21  D.   L.  p.  94.   (p.  337  of  this  volume.) 


ACTS  OP  THE  GENERAL  ASSEMBLY.  303 

Sec.  4.     The  Registrar  and  the  Assistant  Registrars  in  J^^^j^g^t^*°" 
each  election  district  in  this  State  shall  at  the  times  in  this  Act  "^^et. 
designated  for  registration  meet  in  their  respective  election 
districts  at  the  places  which,  as  provided  in  this  Act  shall  be 
designated  for  snch  meeting,  and  at  such  times  shall  do  and 
perform  the  following  acts,  viz :  Repealed, 

_,.      ,  „  J.  o.  .,i  i.:  if.  *  *  *  Act  March  4, 

First.  *•  =»^  ^  **..***  *  ^^^^^  24  D.  L. 

146. 

Second.  They  shall  record  in  the  registers  in  the  column  Recording 
headed  "name"  the  name  of  every  male  person  who  shall  per-  ^p^^^^nt. 
sonally  appear  before  them,  and  apply  to  be  registered,  writ- 
ing his  surname  and  first  Christian  name  in  full  and  also  any 
other  name  by  which  he  is  generally  known,  with  the  initial  or 
initials  of  any  other  name  or  names  which  he  may  have  in  ad- 
dition thereto,  the  surname  being  written  first.  The  names 
of  said  applicants  for  registration  shall  be  numbered  consecu- 
tively in  the  order  of  their  application,  the  number  being  en- 
tered on  the  Registers  in  figures  immediately  before  each 
name. 

Third.  They  shall  examine  all  persons,  who  personally  ap-  of'a^Hcin'ts 
ply,  as  to  their  qualifications  as  electors,  and  shall  immedi- ^""^^  *^"*"^^" 
ately  enter  in  the  Register  the  statements  and  facts  below  set 
forth,  and  in  the  manner  following,  viz :  Repealed. 

Act  March  4. 
T  **********  1907,  24  D.  L. 

^-  146. 

Repealed. 

n^*^*******  Act  March 
14,  1901,  22 
D.  L.  111. 

ml**********  ?®P?^^®    , 
Act  March 

14,  1901,  22 

D.  L.  Ill, 

IV.  In  the  column  headed  "nativity,"  they  shall  enter  ^®°' "'■ 
the  State,  territory  or  country  in  which  the  applicant  states    ^  ^^^  ^' 
he  was  born. 

V.  Under  the  column  "residence"  the  name  and  number  Re.sidence. 
of  the  street,  avenue,  or  other  location  of  the  dwelling,  if  there 

be  a  number,  and  if  there  shall  not  be  a  number,  the  post  office 
of  the  person  so  applying  for  registration,  or  such  other  clear 
and  definite  description  of  the  place  of  said  dwelling  as  shall 
enable  it  to  be  readily  ascertained,  fixed  and  determined. 


1.  The  above  related  to  "age."  It  is  not  lawful  now  to  enter  one'§ 
exact  age.  The  entry  must  be:  "Twenty- one  and  upwards."  Act  March 
14,  1901,   22  D.  L.  Ill,  Sec.'  2,   (p.  326  of  this  volume.) 


304 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Term  of 
residence. 


Naturaliza- 
tion. 


Registered 
voter. 


Disqualified. 


Qualifica- 
tions for 
reg-istration 
as  qualified 
voters. 


Who  may 
not  acquire 
residence. 


Disqualifica- 
tions. 


VI.  In  the  subdivision  of  the  column  headed  "term  of 
residence,"  how  long  he  has  resided  in  the  State,  how  long  in 
the  County  and  how  long  in  the  election  district  in  which  he 
applies  to  be  registered. 

VII.  In  the  column  headed  "naturalized"  the  words 
"yes"  or  "no"  or  "native"  as  the  facts  shall  appear. 

VIII.  In  the  column  headed  "registered  voter,"  if  the 
registration  officers  shall  be  satisfied,  upon  examination  or 
otherwise,  that  the  applicant  for  registration  is  entitled  to  be 
registered  as  a  registered  voter,  they  shall  write  his  name  in 
full  as  written  in  the  first  column. 

IX.  In  the  column  headed  "disqualified,"  if  they  are 
satisfied  upon  examination  or  otherwise,  that  the  applicant  for 
registration  is  disqualified  as  an  elector  in  the  election  dis- 
trict in  which  he  shall  apply  to  be  registered,  a  line  shall  be 
heavily  drawn  in  ink  opposite  his  name  headed  "Registered 
Voter"  and  the  cause  of  his  disqualification  shall  be  briefly 
stated  in  the  column  headed  ' '  disqualified, ' '  opposite  his  name 
as  first  recorded,  and  a  line  shall  be  drawn  across  his  name  as 
first  entered,  but  in  such  manner  that  said  name  shall  remain 
legible.  Provided  that  every  applicant  for  registration  shall, 
*  *  *  *  *^  be  held  and  considered  to  be  a  quali- 
fied voter,  if  he  be  a  male  citizen  of  this  State  of  the  age  of 
twentj'-one  years  (")  and  upwards,  or  who  will  be  the  age  of 
twent3'-one  years  on  or  before  the  election,  next  succeeding  his 
registration,  and  will  have  resided  (^)  in  the  State  one  year  next 
t)ef ore  such  election,  and  for  the  last  three  months  thereof  will 
have  been  a  resident  of  the  county,  and  for  the  last  thirty  days 
a  resident  of  the  election  district  in  which  he  may  offer  to  vote 
and  in  which  he  shall  have  been  duly  registered ;  provided  that 
no  person  in  the  military,  naval,  or  marine  service  of  the 
United  States  shall  be  considered  as  acquiring  a  residence  in 
this  State,  by  being  stationed  in  any  garrison,  barrack,  or 
military  or  naval  place  or  station  within  this  State;  and  no 
idiot,  or  Insane  person,  pauper,  or  person  convicted  of  a  crime 


1.  The  law  requiring  the  payment  of  a  registration  fee  to  become  reg- 
istered has  been  repealed.  Act  March  4.  1907.  24  D.  L.  p.  146.  (p.  327  of 
this  volume.) 


ACTS  OP  THE  GENERAL  ASSEMBLY.  305 

deemed  by  law  a  felony,  or  person  who  shall  have  been  ren- 
dered incapable  of  voting  by  reason  of  violating  Section  7  of 
Article  5  of  the  Constitution  of  this  State  for  ten  years  next 
following  his  conviction  and  sentence  thereunder,  shall  be  held 
or  considered  a  ciualified  voter. 

(a)   A  person  is  "of  age"  the  day  before  his  birthday. 
Bayard,  C.  J.:     "A  person  is  "of  the  age  of  twenty-one  years"  the 
day  before  the  twenty-first  anniversary  of  his  birth- 


day. 


State  vs.  Clarke,  3  Har.  557  at  558.   (yr.  1840) 


(&)   Eesidence  is  mostly  a  question  of  intent. 

The  Court :  ' '  The  ground  on  which  the  vote  was  objected  to  was 
want  of  residence.  P  had  resided  in  Wihnington,  and 
left  his  home  for  Pennsylvania.  For  what  purpose?  Was  it  a  change  of 
residence?  This  is  to  be  collected  from  his  acts  and  declarations.  If  he 
went  with  the  intention  to  reside  in  Pennsylvania,  or  to  give  up  his  abode 
in  Delaware,  it  was  a  loss  of  residence,  and  he  had  no  right  to  vote.  Even 
if  he  went  with  a  floating  intention  to  return,  it  would  be  a  loss  of  resi- 
dence.   (9th  Vol.  379)." 

State  vs.  M 'Donald,  4  Har.  555  at  556.  (yr.  1845) 

State  vs.  Prest,  4  Har.  558.  (yr.  1844).  See  Kev.  Code,  1903,  p.  141, 
Sec.  3. 

X.  In  the  column  headed  "Date  of  Application,"  they  Date  of  ap- 

.  ,.         plication. 

shall  enter  the  day  of  the  month  and  year  on  which  applica- 
tion for  registration  is  made. 

XI.  In  the  column  headed  "if  challenged"  the  words  Challenges, 
"yes"  or  "no." 

XII.  In  the  column  headed  "cause  of  challenge,"  they  Cause  of 

challenge. 

shall  enter  the  objections  and  by  whom  made. 

XIII.  In  the  column  headed  "appeal"  they  shall  enter  Appeal, 
"yes"  or  "no." 

XIV.  In  the  column  headed  "remarks"  they  may  enter  Remarks. 
such  facts  or  statements  as  may  be  deemed  pertinent  to  the 
qualification  or  disqualification  of  the  applicant  as  an  elector. 

Fourth.    In  making  the  entries  hereinbefore  specified  the  Postpone- 
registration  officers  shall  in  every  case,  make  such  entries  in  ^ft^^fJ^Tof ' 
the  columns  above  specified  opposite  the  name  of  the  applicant  fn  case  of^ 
to  whom  such  entries  are  intended  to  applj^  if  the  registration  ^°^^^- 
officers  shall  be  in  doubt,  after  the  primary  examination  of  the 
applicant  for  registration,  and  upon  such  evidence  as  may  be 
immediately  obtainable,  whether  such  applicant  ought  to  be 


306 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Signing  each 
day's  regis- 
tration. 


registered  as  a  registered  voter,  they  may  postpone  the  deter- 
mination of  the  matter  to  their  next  sitting  or  to  a  later  sitting 
at  the  request  of  the  applicant.  • 

Fifth.  It  shall  be  the  duty  of  the  registration  oiScers  of 
each  and  every  election  district  in  this  State,  upon  the  close 
of  each  day's  registration,  to  write  in  the  line  on  their  regis- 
ters, immediately  below  the  last  person  registered  on  said  day 
the  words  ''end  of  the  .  .  .  day's  registration,"  and  im- 
mediately under  said  entry  the  said  registration  officers  shall 
sign  their  respective  names  with  the  proper  designation  of 
their  office.  The  said  entries  shall  in  no  way  interfere  with 
the  numbering  of  the  names  of  the  persons  as  the  same  shall 
ing  of  names.  ^^  entered  upon  said  registers,  but  the  same  shall  be  continued 
as  if  the  said  entries  had  not  been  made. 


Not  to  inter 
fere  with 
numbering 


In  case  of 
challenge 
for  bribery, 
etc.,  oath  to 
be  adminis- 
tered. 


Form  of 
oath. 


Sec.  5.  If,  upon  the  personal  application  of  any  one  to 
be  registered,  he  shall  be  challenged  for  having  received  or  ac- 
cepted, or  for  having  offered  to  receive  or  accept,  or  for  having 
paid,  transferred  or  delivered,  or  for  having  offered  or  prom- 
ised («)  to  pa}',  transfer  or  deliver,  or  for  having  contributed  or 
offered  or  promised  to  contribute  to  another  to  be  paid  or  used 
any  money  or  other  valuable  thing  as  a  compensation,  induce- 
ment or  reward  for  the  registering  (^)  or  abstaining  from  reg- 
istering of  any  one  qualified  to  register,  it  shall  be  the  duty  of 
the  Registrar  to  administer  to  the  person  so  challenged  an  oath 
or  affirmation  as  follows,  viz : 


(a) 
'offer" 


of  the  preceding  Act   for  the  meaning   of 


See  Sec.  34,   ' 
and  ' '  promise. 

(&)  Prosecutions  for  offering,  or  giving  money  to  one  with  which  to 
get  registered,  are  brought  under  Sec.  7,  Art.  5  of  the  Constitution  upon 
information  filed  by  the  Attorney-General,  and  are  tried  by  the  Court  of 
General  Sessions,  and  not  by  a  jury.  (See  Sec.  8.) 

State  vs.  Collins,  1  Penn.  420.  (yr.  1898),  the  first  case  thus  tried. 

State  vs.  Moore,  2  Penn.  299.   (yr.  1899) 

"You  do  solemnly  swear  upon  the  Holy  Evangels  of  Al- 
mighty God  (or  'You  do  solemnly,  sincerely  and  truly  declare 
and  affirm')  that  you  have  not  received  or  accepted  or  offered 
to  receive  or  accept,  or  paid,  transferred  or  delivered,  or  of-, 
fered  or  promised  to  pay,  transfer  or  deliver,  or  contributed  or 
offered  or  promised  to  contribute  to  another,  to  be  paid  or 


ACTS  OF  THE  GENERAL  ASSEMBLY.  307 

used,  any  money  or  other  valuable  thing  as  a  compensation,  in- 
ducement or  reward  for  the  registering  or  abstaining  from 
registering  of  any  one  qualified  to  register  at  the  registration 
for  this  present  year,  so  help  you  God  (or  'so  you  do  solemnly, 
sincerely  and  truly  declare  and  affirm')." 

Such  oaths  or  affirmation  shall  be  conclusive  evidence  to  ^o^^^^^gjl^l 
the  registration  officers  of  the  truth  of  such  oath  or  affirma-  evidence. 
tion :  but  if  any  such  oath  or  affirmation  shall  be  false,  the  per-  ^^ise  oath 
son  making  the  same  shall  be  guilty  of  perjury,  and  on  con- 
viction thereof  shall  bar  any  prosecution  under  Section  8,  Ar- 
ticle 5  of  the  Amended  Constitution.    If  any  person  so  chal- 
lenged as  aforesaid,  shall  refuse  to  make  the  oath  or  affirma-  ^|^j."e  o^th 
tion  above  prescribed,  then  it  shall  be  the  duty  of  the  registra- 
tion officers  to  cause  a  line  to  be  heavily  drawn  in  ink  opposite 
his  name  in  the  column  headed  "Kegistered  Voter,"  and  in 
the  column  headed  "Disqualified"  to  insert  the  words  " dis- ^j^J"^y^ofjj^^_ 
qualified  for  refusing  to  make  the  oath  concerning  bribery  at  tio". 
registration,"  opposite  his  name  as  first  entered,  in  such  man- 
ner that  said  name  shall  remain  legible. 

Sec.  6.    When  the  registration  officers  of  anv  election  dis-  Entries  in 
trict  in  this  State,  at  any  of  the  sittings  hereinbefore  provided  istered  vot- 

ers  in  pres- 

for,  shall  enter  in  the  Registers  the  name  of  any  applicant  tor  ence  of  ap- 

.  .  .  ^  ,  1     11     •  T        1     Plicant. 

registration  as  a  registered  voter,  they  shall  immediately 
thereafter  enter,  in  the  presence  of  such  applicant,  if  he  re- 
mains in  attendance,  in  its  proper  alphabetical  place  in  the 
"Book  of  Registered  Voters,"  heretofore  provided  for,  the 
name  of  such  applicant,  and  also  his  residence,  and  color,  and 
his  age,  if  he  will  be  between  the  ages  of  twenty-one  and  twen- 
ty-two on  the  day  of  the  next  following  general  election. 

II.     And  the  Registrar  shall  give  to  each  person  who  is 
registered  as  a  registered  voter  and  who  may  request  it  a  cer-  of^l-e^stra- 
tificate  to  the  following  effect :  ^'°'^' 

Election  District,  in Representative  Form  of 

cd'tific£Ltc 

District,  in County,  State  of  Delaware. 

Date day  of ,  19 .  . 

I  do  hereby  certify  that   has  this  day 

been  registered  as  a  registered  voter  in  the  election  district 


308 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Printing  of 
alphabetical 
lists  of  reg- 
istered Vot- 
ers. 


Posting  of 
lists. 


above  mentioned,  and  that  his  n^^mber  on  the  registers  is  num- 
ber   

[Signed]  

Registrar  for Election  District,  in 

Representative  District,  in County. 

III.  The  said  registration  officers  shall  within  one  week 
after  their  third  sitting  as  aforesaid  cause  to  be  printed  not 
less  than  fifty  copies  of  the  alphabetical  lists  of  registered 
voters  as  contained  in  the  "Book  of  Registered  Voters,"  to- 
gether with  the  entries  opposite  the  names  in  said  books,  and 
shall  within  the  said  week  cause  one  of  said  printed  copies  of 
each  of  said  lists  to  be  posted  in  at  least  ten  of  the  most  public 
places  in  their  election  district,  and  shall  use  the  remaining 
copies  in  such  a  manner  as  in  their  judgment  will  be  most 
likely  to  secure  publicity  and  general  inspection. 


Review  of 
decision  of 
registration 
upon  af- 
fidavit. 


Hearing, 
notice  of. 


Entries  in 
case  of  de- 
cision to 
strike  off 
name. 


Sec.  7.  Upon  the  affidavit  of  a  legal  voter  in  an  election 
district,  made  before  any  person  authorized  by  the  laws  of  this 
State  to  administer  oaths  and  represented  to  the  registration 
officers  of  the  election  district,  of  which  said  affiant  is  a  voter, 
that  in  his  opinion  any  person  (naming  him)  is  illegally  reg- 
istered in  such  election  districts  as  a  registered  voter  and  set- 
ting forth  the  reasons  therefor,  it  shall  be  the  duty  of  the  reg- 
istration officers  to  examine  into  the  matter  of  the  registration 
of  such  persons,  and,  if  said  registration  officers  deem  it  a 
proper  case  for  a  hearing,  notice  shall  be  given  to  such  person, 
either  personally  or  in  writing,  in  the  manner  hereinafter  pro- 
vided, to  appear  before  the  said  registration  officers  at  their 
next  sitting  to  show  cause  why  his  name  shall  not  be  stricken 
from  the  "Brooks  of  the  Registered  Voters"  of  such  election 
district.  And  if  upon  examination  and  inquiry  the  registra- 
tion officers  shall  be  satisfied,  («)  at  the  sitting  at  which  such 
person  had  notice  to  appear,  that  he  ought  not  to  be  registered 
as  a  registered  voter,  a  heavy  line  shall  be  drawn  in  ink  through 
his  name  in  the  column  headed  "Registered  Voter,"  and  a 
line  shall  be  drawn  through  his  name  as  first  entered,  but  in 
such  manner  as  said  name  shall  remain  legible,  and  the  cause 
of  his  disqualification  shall  be  briefly  stated  in  the  column 
headed    "Disqualified,"    and    in    the    column    headed    "Re- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  309 

marks,"  opposite  his  said  name  shall  be  written  the  words 
"adjudged  disqualified  on  revision  by  the  registration  offi- 
cers," and  the  date  when  his  disqualification  was  ascertained 
as  aforesaid  and  in  the  books  of  "registered  voters"  a  heavy 
line  of  ink  shall  be  drawn  through  his  name,  his  residence,  his 
color  and  his  age. 

(a)  Sec.  11  of  this  Act  makes  provision  for  an  appeal.  The  phrase, 
' '  if  upon  examination  and  inquiry  the  registration  officers  sliall  be  satis- 
fied,"  &c.,  vests  the  officials  with  discretionary  and  judicial  powers,  and 
the  appeal  provided  for  in  Sec.  11  is  the  only  remedy  as  to  getting  the 
name  restored. 

Hastings  vs.  Henry,  1  Marv.  287  at  292.   (yr.  1894) 

Lurtz  vs.  Hardcastle,  1  Marv.  450.   (yr.  1894) 

Sec.  8.    If  any  person  registered  as  a  registered  voter,  in  ^.o^°^'^\rict 
any  election  district  in  this  State,  shall,  after  he  is  so  regis-  j,'^  ^stei-ed 
•tered,  remove  from  the  district  in  which  he  is  so  registered  to 
any  other  district  in  the  county,  he  may  apply  in  person  to  the  ^^0^^1,4°" 
registration  officers  of  the  election  district  in  which  he  is  reg- 
istered and  have  his  name  stricken  from  the  "Registers"  and 
from  the  "Books  of  Registered  Voters"  in  which  his  name 
shall  appear,  and  may  obtain  from  said  registration  officers  a 
certified  copy  of  the  entries  in  the  register  relating  to  him,  to-  copy  of*en- 
gether  with  a  certificate  that  his  name  has  been  stricken  from  *^'^^.^.^51^^ 

°  certificate. 

the  register  and  books  of  registered  voters,  as  aforesaid;  and 
it  shall  be  lawful  for  him,  after  his  name  shall  be  so  stricken 
from  said  registers  and  book  of  registered  voters,  to  cause  him- 
self to  be  registered  in  the  election  district  to  which  he  may  ^T*^fthe?^'°" 
have  removed  upon  producing  the  aforesaid  certificate  and  district. 
copy  of  entries  in  said  registers  and  books  of  registered  voters ; 
provided,  that  by  the  next  following  general  election  he  will  p^^^jg^  ^^g " 
have  acquired  in  the  election  district  to  which  he  has  removed  ^^  residence. 
the  residence  required  by  the  Constitution.    And  the  registra- 
tion officers  to  whom  such  persons  may  apply  to  have  his  name 
stricken  from  the  registers  and  books  of  registered  voters  shall 
draw  a  line  in  ink  through  his  name  and  all  the  entries  oppo-  Entries  in 
site  his  name  in  said  registers  and  books  of  registered  voters  appticatlon*^ 
and  in  the  column  in  the  registers  headed  "remarks"  shall 

enter  "removed  from  this  election  district  into 

election  district  in  this  County,"  and  shall  prepare  and  de- 


310 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


liver  to  him  the  certified  copy  of  entries  and  the  certificate 
aforesaid. 


Quorum  and  Sec.  9.    At  every  sitting  of  said  registration  officers  two 

istration  of-  shall  Constitute  a  quorum  and  the  acts  of  a  majority  shall  be 

ficGrs. 

as  valid  as  the  acts  of  all  of  them. 


Written  no- 
tice what 
sufficient. 


II.  In  all  cases  where  written  notice  is  required  by  this 
act  to  be  given  to  any  person  such  notice  shall  be  deemed  suf- 
ficient if  addressed  to  the  person  to  be  notified  at  the  postoffice 
named  by  him,  at  the  time  of  his  application  for  registration, 
and  deposited  in  the  mail  not  later  than  the  AVednesday  next 
preceding  the  sitting  of  the  registration  officers  at  which  he 
may  be  notified  to  appear. 


Comparison 
of  registra- 
tion books. 


Entry  of 
omitted 
names. 


Corrections 
of  books. 


Sec.  10.  It  shall  be  the  duty  of  the  registration  officers, 
immediately  after  the  close  of  their  last  sitting,  carefully  to 
compare  the  two  registers,  and  see  that  they  agree  with  each 
other  in  every  particular,  and  also  to  compare  the  alphabetical 
lists  of  "Registered  Voters"  as  contained  in  the  "Books  of 
Registered  Voters"  aforesaid,  with  the  said  registers,  and  to 
see  that  the  name  of  every  person  entered  upon  the  registers 
as  a  registered  voter  is  entered  in  its  proper  alphabetical  place 
on  each  of  the  two  lists  of  registered  voters,  together  with  the 
residence  and  color^  and  also  the  age^  if  it  be  between  the  ages 
of  twent3''-one  and  twent^'-two  years  on  the  day  of  the  next 
general  election,  as  entered  on  the  registers.  And  if  any  name 
in  the  registers  which  ought  to  have  been  entered  on  said  al- 
phabetical lists  of  registered  voters  shall  have  been  omitted 
therefrom,  it  shall  be  the  duty  of  said  registration  officers  to 
enter  such  name  in  its  proper  alphabetical  place,  on  the  proper 
alphabetical  lists,  together  with  the  proper  entries  as  they  ap- 
pear on  the  said  registers. 

II.  And  it  shall  be  the  further  duty  in  such  comparison 
of  the  alphabetical  lists  with  the  registers  to  make  such  cor- 


1.  "Color"  is  not  entered  in  the  "Registers."  See  Act  March  14,  1901, 
22  D.  L.  p.  Ill,  Sec.  1.     See  p.  283,  note  3,  and  p.  326  of  this  volume. 

2.  It  is  not  lawful  to  enter  the  age  in  the  "Registers;"  the  entry  shall 
simply  be:  "Twenty-one  and  upwards."  See  Act  March  14,  1901,  22  D. 
L.  p.  Ill,  Sec.  2,  p.  326  of  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  311 

rections  on  the  alphabetical  lists  as  will  make  the  names  and 
entries  appearing  on  the  alphabetical  lists  agree  with  the  same 
names  and  entries  as  entered  on  the  registers.  It  shall  also  be 
the  duty  of  the  said  registration  officers,  within  three  days 
after  their  last  sitting,  to  append  to  each  of  said  alphabetical  fo^^eip^-*^ 
lists  of  "registered  voters"  contained  in  said  "Books  of  Reg- j^q^^I*^  *° 
istered  Voters"  a  certificate,  verified  by  the  oath  or  affirma- 
tion of  said  registration  officers,  or  at  least  two  of  them,  that 
the  said  "Book  of  Registered  Voters"  contain  a  complete  list 
of  the  registered  voters  of  said  election  district,  as  the  same 
are  entered  in  the  "Books  of  Registered  Voters"  of  such  elec- 
tion district. 


III.     And  the  said  registration  officers  shall,  within  the 


Certificate 


three  days  aforesaid,  also  append  to  the  registers  of  their  elec-  *°nded^to 
tion  districts  a  certificate  that  each  of  said  registers  is  the  offi-  registers. 
cial  register  of  such  election  district,  and,  so  far  as  within 
their  knowledge,  no  false  or  improper  entries  have  been  made 
therein,  which  certificate  shall  be  made  and  verified  by  at  least 
two  of  said  registration  officers. 

Sec.  11.  («)    From  the  decision  of  the  registration  officers  Appeal  to 

„      .  .  .  .    .  n      ■  resident  As- 

grantmg  or  refusing  registration,  or  striking  or  refusing  to  sociate 

p  ,  .  .         ,.  Judge  or 

strike  a  name  or  names  from  the  registration  lists,  any  person  other  Judge, 
interested,  or  any  registration  officer  may  appeal  to  the  Resi- 
dent Associate  Judge  of  the  county,  or  in  case  of  his  disability 
or  absence  from  the  county,  to  any  Judge  entitled  to  sit  in  the 
Supreme  Court,  whose  determination  shall  be  final,  and  in  or- 

Decision 

der  to  prosecute  said  appeal  it  shall  be  the  duty  of  the  person  final. 
taking  the  same   to   notify   the   ' '  Registrar ' '  of  the  election  Notice  to 

.  .    .  .  .  registrar. 

district  from  the  decision  of  whose  officers  said  appeal  is  taken 
stating  in  said  notice  the  time  "V/hen  said  appeal  will  be  pre- 
sented to  the  Resident  Associate  Judge  of  his  county  or  such 
Judge  of  the  Supreme  Court  as  may  sit  for  the  purpose  of  re- 
ceiving and  hearing  such  appeal  which  time  shall  be  one  of  the  Time  of 

°       _  o  j-i  ^  ^  hearing  ap- 

days  hereinafter  named  for  such  Resident  Associate  Judge  or  peai. 
Judge  of  the  Supreme  Court  to  sit  for  the  purpose  of  receiving 
and  hearing  appeals. 

(a)    See  Sec.  7  "a"  of  this  Act. 


312 


ACTS 

OF  THE 

GENERAL  ASSEMBLY, 

Sec.  12. 

* 

#           #            *            * 

# 

* 

Sec.  13. 

* 

*           #            #            * 

* 

* 

Sec.  14. 

* 

#           #            #            * 

# 

* 

Duties  of  Sec.  15.    It  shall  be  the  duty  of  the  assistant  registrars  in 

assistant  '  _ 

registrars  to  tliis  act  provided  for  to   make   all  the  proper  entries  in  the 

make  en- 
tries. "Registers"  and  "Books  of  Registered  Voters"  as  the  same 

are  required  by  this  act  to  be  made,  except  such  entries  as  are 
provided  for  in  Section  16  of  this  act ;  and  it  shall  be  the  duty 
of  the  registrar,  in  addition  to  the  other  duties  required  of 
him,  to  fill  up,  prepare  and  deliver  all  certificates  of  registra- 
tion that  may  be  required  by  registered  voters,  and  to  receive 
and  file  all  affidavits  which  may  be  filed. 


Additional 
duty  of 
registrars. 


Sittings  of 
Judges  to 
hear  appeals. 


Amendment. 
Act  March 
20,  1905,  23 
D.  L.  90. 
Time  of 
sitting  in 
September. 
Hour. 

Hearing 
appeals. 


Amendment, 
Act  March 
20,  1905.  23 
D.  L.  90. 


Sec.  16.  It  shall  be  the  duty  of  the  Resident  Associate 
Judge  of  New  Castle  County  to  sit  at  the  Levy  Court  room  of 
New  Castle  county,  and  the  Resident  Associate  Judge  of  Kent 
county  to  sit  at  the  Levy  Court  of  Kent  county,  and  the  Resi- 
dent Associate  Judge  of  Sussex  county  to  sit  at  the  office  of  the 
Clerk  of  the  Peace  for  Sussex  county,  or  if  said  places  cannot 
conveniently  be  had,  then  at  such  proper  and  suitable  places 
in  the  county  seat  of  the  respective  counties  of  this  State  as 
shall  be  designated  by  notice  signed  by  the  said  Resident  As- 
sociate Judge  of  his  county,  and  posted  on  the  door  of  the  re- 
spective places  aforesaid,  stating  where  he  will  sit  for  the  pur- 
pose of  bearing  appeals  from  the  decision  of  the  Registrars  in 
the  respective  election  districts  in  his  county  on  [the  first 
Tuesday  in  September;]  in  the  year  in  which  registration  is 
required  by  law  to  be  made,  at  10  o'clock  in  the  morning  of 
said  day,  on  which  day  he  shall  receive  appeals  from  such  per- 
sons as  shall  have  appealed  from  the  decision  of  the  registra- 
tion officers  of  the  respective  election  districts  in  his  county, 
which  shall  be  presented  on  said  day,  and  he  shall  proceed  to 
hear  all  appeals  which  shall  have  been  filed  as  aforesaid  on 
said  da3%  and  may  continue  the  hearing  of  any  such  appeal  or 
appeals  from  day  to  day  during  the  remainder  of  the  week, 
and  shall  sit  again  on  [the  first  Monday  after  the  fourth  Sat- 
urday in  September]  for  the  purpose  aforesaid,  to  hear  and 
determine  such  appeals  as  shall    not   have   been  acted  upon 


ACTS  OF  THE  GENERAL   ASSEMBLY.  313 

*****         and  also  such  as  mav  be  presented  H^£®^'®nX 

•  ^  So  L>.  i-i.  yu. 

and  filed  on  said  last  mentioned  day,  and  may  continue  the 
hearing  of  any  appeal  or  appeals  then  unheard  from  day  to 
day  during  the  remainder  of  the  week,  and  until  all  appeals 
which  shall  have  been  filed  shall  have  been  heard  and  decided. 
The  said  Resident  Associate  Judge  shall  again  sit  for  the  pur-  |ep|ember. 
pose  of  hearing  appeals  as  aforesaid  on  the  Tuesday  next  fol- 
lowing the  last  day  of  registration  as  provided  for  in  this  act, 
to  receive  appeals  from  such  persons  as  shall  have  appealed 
from  the  decision  of  the  registration  officers  of  the  respective 
election  district  in  his  county  as  aforesaid,  made  on  the  said 
last  day  of  registration,  and  any  other  appeal  or  appeals  which 
for  any  cause  he  may  have  continued  from  a  preceding  sit- 
ting, and  shall  proceed  to  hear  all  appeals  which  shall  have 
'been  filed  as  aforesaid,  and  may  continue  the  hearing  of  any 
such  appeal  or  appeals  from  day  to  day  during  the  remainder 
of  the  week,  and  shall  sit  again  on  the  Tuesday  next  following, 
for  the  purpose  aforesaid,  to  hear  and  determine  such  appeals 
as  shall  not  have  been  acted  upon  the  previous  week,  and  also 
such  as  may  be  presented  and  filed  on  said  last  mentioned  day, 
and  may  continue  the  hearing  of  any  appeal  or  appeals  then 
unheard  from  day  to  day  during  the  remainder  of  the  week, 
and  until  the  close  of  the  day  next  preceding  the  day  of  the 
election ;  provided,  [that  appeals  from  the  decisions  of  the  reg- 

._  -,       „  -I      ^  •     -\  ^  ^  Amendment. 

istration  omcers  made  on  the  first,  second,  third  or  fourth  reg-  Act  March 

.  20    1905    23 

istration  day  shall  not  be  received  on  the  third  or  fourth  ap-  b.'  l.  96,' 
peal  day]  unless  the  appellant  shall  make  oath  before  the  said 
Resident  Associate  Judge  that  the  delay  in  presenting  his  said  delay  in 
appeal  was  not  for  the  purpose  of  hindering  or  delaying  the  appeal  was 
said  Resident  Associate  Judge  or  the  officer  of  registration  in  der  or  delay. 
his  election  district   in   the   discharge  of  the   duties  imposed 
upon  them  respectively  under  the  provisions  of  this  act. 

II.  No  appeal  shall  be  received  and  acted  upon  by  the  Affidavit  of 
Resident  Associate  Judge  unless  the  appellant  shall,  at  the  appeal. 
time  of  presenting  his  appeal  make  an  affidavit,  that  notice  of 
his  intention  to  present  his  appeal  on  this  day  was  served  upon 
the  Registrar  of  his  election  district ;  any  person  applying  to 
the  said  Resident  Associate  Judge  to  have  any  name  appearing 
on  the  register  and  books  of  registered  voters  in  his  election 


314 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Notice  to 
registrar  of 
application 
for  correc- 
tions. 


Serving  of 
notice. 


Application 
for  correc- 
tion or  ap- 
peals not  to 
be  heard  on 
day  of  regis- 
tration. 


Order  of 
Judge  for 
making  en- 
tries. 


district  in  any  manner  incorrect  to  be  corrected  shall  notify 
the  registrar  of  the  election  district  on  whose  books  such  name 
is  incorrectly  entered  of  his  intention  to  make  application  for 
the  correction  thereof,  so  that  the  said  registrar  shall  and  may 
be  present  with  his  register  and  books  of  registered  voters  to 
make  such  corrections  therein  as  the  said  Resident  Associate 
Judge  shall  order  and  direct;  provided,  that  no  correction 
shall  be  ordered  to  be  made  by  the  said  Resident  Associate 
Judge  unless  he  shall  be  satisfied  b}^  the  oath  of  the  applicant 
or  otherwise  that  notice  of  the  intended  application  for  correc- 
tion shall  have  been  given  to  or  served  upon  the  registrar  of 
the  appellant's  election  district  of  his  intention  to  make  said 
application.  All  notices  required  to  be  given  or  served  by  the 
provisions  of  this  section  upon  any  registrar  shall  be  so  given 
or  served  personally  at  least  three  days  before  the  application 
is  made,  or  by  leaving,  in  the  presence  of  an  adult  male  per- 
son, a  written  copy  of  such  notice  at  the  usual  place  of  abode 
of  such  registrar,  at  least  three  days  before  the  application 
shall  be  made,  and  no  application  for  correction  or  for  the 
hearing  of  an  appeal  shall  be  heard  upon  any  day  which  is  set 
apart  by  this  act  as  a  day  for  the  registration  of  voters. 

III.  Upon  the  decision  of  the  respective  Resident  Asso- 
ciate Judges  on  each  and  every  appeal,  the  Resident  Associate 
Judge  making  the  decision  shall  order  and  direct  the  Regis- 
trar of  the  election  district  from  the  decision  of  whose  registra- 
tion officers  the  appeal  shall  have  been  taken,  and  who  shall  be 
present  with  his  "Registers"  and  "Books  of  Registered 
Voters"  as  hereinafter  provided,  to  make  such  entries  in  his 
"Registers"  and  "Books  of  Registered  Voters,"  as  such  regis- 
trar is  authorized  by  the  provisions  of  Section  4  of  Article  V 
of  the  Constitution  of  this  State  and  by  the  provisions  of  this 
act  to  order  and  direct  to  be  made  and  as  are  required  by  law 
to  be  made  in  said  "Registers"  and  "Books  of  Registered 
Voters"  by  the  registration  officers  in  case  where  a  person  is 
entitled  to  be  registered  as  a  registered  voter.        *         *         *i 


1.     The  above  related  to  the  payment  of  a  $1  registration  fee.     It  was 
repealed  by  Act  March  4,  1907,  24  D.  L.  p.  146.  (p.  327  of  this  volume.) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  315 

IV.    All  duties  which  are  imposed  upon  the  Resident  As-  ^^gj^l  "^ 
sociate  Judge  of  the  county  by  the  provisions  of  this  act  and  "^["^f®  }ud^e 
especially  of  this  section  shall  be  and  they  are  hereby  imposed  ^  ^^F^fi^^^^ 
upon  and  required  to  be  performed  bv  such  Judge  of  the  Su-  in  place  of 

^  ^  ^        _  ."    .         .  such  Resi- 

preme  Court  as  shall  at  any  time  be  sitting  in  any  of  the  coun-  dent  Judge, 
ties  of  this  State  for  the  purpose  of  hearing  appeals  under  this 
act,  in  lieu  of  the  Resident  Associate  Judge  of  the  county  when 
he  shall  be  unable  to  sit  either  from  disability  or  absence  from 
the  county. 

Sec.  17.     In  order  that  the  Registrar  in  each  and  every  Registrar 

to  bG  cus- 

election  district  in  this  State,  may  be  enabled  to  perform  the  todian  of 
duties  especially  required  of  him  by  this  act,  he  shall  retain 
and  keep  possession  of  and  be  responsible  for  the  "Registers" 
and  "Books  of  Registered  Voters"  and  book  of  registration 
certificates  of  his  election  district  at  all  times  excepting  when 
being  used  by  the  registration  officers  of  his  election  district 
for  the  purpose  of  registration ;  and  it  shall  be  his  dutv  to  at-  Attendance 
tend  and  be  present  at  all  hearing^  of  which  he  had  notice  be-  of  appeals, 
fore  the  Resident  Associate  Judge  of  the  county  or  such  Judge 
of  the  Supreme  Court  as  may  be  sitting  for  that  purpose,  of 
appeals  which  shall  have  been  taken  from  the  decision  of  the 
registration  officers  of  his  election  district  and  also  upon-the 
hearing  for  the  correction  of  any  name  or  names  on  his  ' '  Reg- 
isters" or  "Books  of  Registered  Voters"  improperly  omitted 
or  improperly  appearing  or  in  any  manner  incorrect  thereon, 
and  to  have  with  him  the  said  "Registers"  and  "Books  of 
Registered  Voters ' '  and  to  make  such  entries  in  said  books  re- 
spectively as  said  Resident  Associate  Judge  or  Judge  of  the 
Supreme  Court  for  the  purpose  of  hearing  such  appeals  and 
make  such  corrections,  may  order  and  direct. 

Sec.  18.    All  the  powers  and  duties  conferred  or  enjoined  ^itej-^ate 
upon  registrars  by  any  of  the  provisions  of  this  act,  are  hereby  ^f^gn^gftting 
expressly  made  the  powers  and  duties  of  all  alternate  regns- ^^^  ^ave  an 

^  •'  ^  °        powers  and 

trars  in  the  absence  of  the  registrar  from  his  election  district,  duties  of 

°  _  '  registrar. 

or  his  disability  to  perform  the  duties  imposed  upon  such  reg- 
istrar by  any  of  the  pro\asions  of  this  act;  and  in  order  to 
enable  the  alternate  registrar  to  perform  the  duties  in  this  sec- 
tion imposed  upon  him,  it  shall  be  the  duty  of  the  registrar  to 


316  ACTS  OF  THE  GENERxVL  ASSEMBLY. 

deliver  or  cause  to  be  delivered  to  the  alternate  registrar  the 
pap^ns^o*^  register,  book  of  registered  voters,  and  book  of  registration 
to  afterna^te  Certificates  in  the  custody  or  possession  of  such  registrar,  and 
registrar.       qH  noticcs  of  appeal  which  shall  have  been  served  upon  him, 

whenever  it  shall  be  the  duty  of  the  alternate  registrar  to  act 

in  the  place  and  stead  of  such  registrar  as  provided'  in  this 

section. 

Registrar  to  Sec.  19.    It  shall  be  the  duty  of  the  registrars  in  the  re- 

deliver books  .  ...  . 

to  inspector,  spectivc  election  districts  of  this  State,  on  the  morning  of  the 

day  of  the  general  election  and  one  hour  before  the  opening  of 
the  polls  for  said  election,  to  deliver  to  the  inspector,  or  other 
person  authorized  to  hold  said  election  in  his,  the  said  regis- 
trar's election  district,  one  of  said  "Kegisters"  and  one  of  said 
' '  Books  of  Registered  Voters ' '  in  his  possession,  certified  to  as 
hereinbefore  provided.  And  the  other  of  said  "Registers"  to- 
gether with  the  other  of  said  "Books  of  Registered  Voters" 
and  the  books  of  registration  certificates,  containing  unused 
certificates,  together  with  alJL  other  papers  or  documents  relat- 
ing to  the  registration  of  voters,  he  shall  retain  in  his  posses- 
Tokeep  ^^*^^  ^^^  safely  keep,  but  the  same  shall  at  all  proper  times  be 
safeiy'^""^^  open  to  the  inspection  of  any  one  desiring  to  examine  the 
same,  without  fee  or  reward,  and  also  any  one  desiring  to  do 
so  may  be  permitted  to  make  copies  or  partial  copies  of  anj^  of 
said  lists,  books,  documents  or  papers. 

Registrar  to  II.    And  within  one  week  after  the  following  general  elec- 

deliver  du-         .  .  ,  _  .  . 

plicate  books  tion  lie  shall  deliver  the  said  duplicates  in  his  possession  to  the 

to  the  Clerk     ^,      .        „  „ 

of  the  Peace.  Clerk  of  the  Peace  of  the  county  in  which  he  resides,  who  shall 
safely  keep  the  same,  in  his  office,  and  the  same  shall  be  open 
to  public  inspection  at  all  convenient  times  as  other  public 
records  in  the  office  of  said  Clerk  of  the  Peace. 

Registrars  Sec.  20.    Each  of  the  Registrars  shall  in  addition  to  the 

powers  of'*^^  other  powers  conferred  upon  him  by  this  act  have,  during  the 
the  Peace,  respective  times  of  the  appointed  sittings  for  registration,  the 
powers  of  a  Justice  of  the  Peace  to  preserve  order  and  enforce 
obedience  to  his  lawful  commands  at  or  around  the  place  of 
registration;  to  keep  access  to  such  place  open  and  unob- 
structed, to  prevent  and  suppress  riots,  tumults,  violence  and 


ACTS  OF  THE  GENERAL  ASSEMBLY.  317 

disorder  at.  around  or  near  the  place  of  registration,  tending 
to  intimidation,  or  to  the  obstruction  of  the  work  of  registra- 
tion and  to  protect  and  keep  safe  the  registers  or  books  for  the 
registration  of  voters  while  in  his  and  the  assistant  registrars' 
custody  and  possession.     He  may  compel  the  presence  of  wit-  compei^at- 
nesses  before  them  while  sitting  with  the  assistant  registrars  witnesses"^ 
as  registration  officers,  for  all  purposes  connected  with  the  per- 
formance of  the  duties  of  their  office,  by  summons  and  attach- 
ment, and  shall  have  power  to  administer  oaths  and  affirma-  A^maUons.^" 
tions.     He  may,  Avhile  sitting  as  such  officer  of  registration, 
commit  for  trial  any  person  committing    at,    or    around  the 
place  of  registration  a  breach  of  the  peace,  or  any  offence  for- 
bidden by  this  act.    He  shall  have  the  power  to  issue  any  of  ofTff^nd^re.^ 
said  summons,  attachments  or  commitments,  when  sitting  in  ^^  whom 
any  election  district  in  this  State  to  the  Sheriff  of  his  county  ^e^^stfed!^^ 
or  to  any  Constable  thereof.    All  such  process  shall  be  served  service  of 
by  said  officers  in  the  same  manner  as  if  they  were  issued  by  a  process. 
Justice  of  the  Peace  within  such  county. 

II.    The  Sheriff  or  Constable  in  any  county  of  this  State,  Fees  of  of- 

.  fleers  serv- 

wlio  shall  serve  any  such  process  shall  receive  the  same  fees  ing  process. 

and  in  like  manner  as  it  is  or  may  be  by  law,  provided  that  he 

shall  receive  fees  in  other  State  cases.    But  no  registrar  shall  Registrars 

.  not  to  re- 

charge or  receive  any  compensation  for  anv  service  rendered  ceive  com- 

"-  '  .'..,,..  pensation 

in  accordance  with  the  provisions  of  this  section  m  addition  to  for  this  ser- 

.  .  vice. 

the  compensation  or  salary  provided  for  m  this  act. 

Sec.  21.    Each  registrar  shall  receive  five  dollars  per  day  compensa- 
for  each  day  of  actual  service,  either  when  sitting  for  the  pur-  trar.°  '*^^'  ' 
pose  of  registration  or  in  attendance  upon  the  hearing  of  ap- 
peals before  the  Resident  Associate  Judge  of  the  county,  or 
such  Judge  of  the  Supreme  Court  as  may  sit  for  hearing  such 
appeals.^    **#**#**** 


II.  And  each  assistant  registrar  shall  receive  five  dollars  JJon  of  as^' 
per  day  for  each  day  of  actual  service,  w^hen  sitting  for  the  fjtra?.*  ^^^' 
purpose  of  registration. 


1.     Registration  fee  abolished.     Act  March  4,  1907,  24  D.  L.  p.  146.   (p. 
327  of  this  volume.)     (The  stars  referred  to  the  old  registration  fee.) 


318 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Compensa- 
tion of  al- 
ternate reg- 
istrar. 


III.  And  each  alternate  registrar  shall  receive  five  dol- 
lars per  day  for  each  day  of  actual  service,  when  sitting  in  the 
place  of  the  registrar  for  registration,  or  in  attendance  upon 
the  hearing  of  appeals  before  the  Resident  Associate  Judge  of 
the  county  or  such  Judge  of  the  Supreme  Court  as  may  sit  for 
hearing  such  appeals.^         ******         * 


Ascertain-  IV.    It  shall  be  the  duty  of  the  Lew  Court  in  each  of  the 

ment  of  .... 

amount  of      couuties  in  this  State,  at  its  November  session,  to  ascertain  the 

'compensa- 
tion by  Levy  amount  of  compensation  under  this  act  due  the  registrars,  al- 

Court.  .  ,  .  .  .  . 

ternate  registrars  and  assistant  registrars  m  their  respective 
counties,  and  when  so  ascertained,  the  president  of  the  said 
Levy  Court  shall  certify  the  same  to  the  State  Treasurer,  who 
Payment.  shall  thereupon  pay  to  the  persons  entitled  the  sums  severally 
due  them  out  of  any  money  appropriated  for  that  purpose. 


Cost  of 
printing, 
rent,  sup- 
plies,etc. 


How   paid. 


Bringing, 
taking,  or- 
dering, or 
sending 
.spirituous 
liquor's  into 
or  drinking 
same  in 
place  of  reg- 
istration. 


Penalty. 


V.  The  cost  of  printing  and  posting  the  alphabetical  lists 
contained  in  the  books  of  registered  voters  aforesaid,  and  of 
printing  and  mailing  the  notes  required  by  this  act,  and  the 
rent  of  the  room  or  rooms  used  by  the  said  registration  officers 
in  the  performance  of  the  duties  required  by  this  act,  the  cost 
of  printing  any  forms  or  blanks  that  mny  be  required,  and  the 
cost  of  the  necessary  ink  and  stationery  used  by  them  pro- 
vided for  by  this  act,  shall  be  paid  bj^  the  Levy  Courts  of  the 
respective  counties  upon  proper  vouchers. 

Sec.  22.  Whoever,  during  the  sitting  of  the  registration 
officers  in  any  election  district  in  this  State,  shall  bring,  take, 
order  or  send  into,  or  shall  attempt  to  bring,  take  or  send  into 
any  place  of  registration,  any  distilled  or  spirituous  liquors 
whatever,  or  shall  at  any  such  time  or  place,  drink  or  partake 
of  any  such  liquor,  shall  be  deemed  and  held  to  be  guilty  of  a 
misdemeanor,  and  shall  be  punished  by  imprisonment  in  the 
county  jail  for  not  more  than  ninety  days,  or  by  a  fine  of  not 
more  than  one  hundred  dollars,  or  both.- 


1.  See  note  to  Sec.   21  of  this  Act,   p.  317. 

2.  See  Act  May  13,  1891,  19  D.  L.  p.  150,  Sec.  32.   (p.   290  of  this  vol- 
ume.)    See  also  p.  397  of  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  319 

Sec.  23.  If  any  registrar,  alternate  registrar,  or  assistant  fnfi^e"'^"*^ 
registrar,  shall  fraudulently  enter  or  fraudulently  permit  to  auerftfons 
be  entered  in  any  register,  the  name  of  any  person  as  a  regis-  j.^  ^{3°^^!°  „ 
tered  voter  who  is  not  entitled  to  be  entered  therein  as  a  regis- 
tered voter,  or  if  any  other  person  not  authorized  by  the 
proper  registration  officers  shall  enter  into  any  register  the 
name  of  any  person  as  a  registered  voter,  or  if  any  registrar, 
alternate  registrar  or  assistant  registrar  shall  fraudulently  re- 
fuse or  omit  to  register,  or  shall  fraudulently  misspell  in  any 
register  or  in  any  book  of  registered  voters  in  his  charge,  the 
name  of  any  person  entitled  under  the  provisions  of  this  act  to 
have  his  name  entered  in  such  register  or  book  of  registered 
voters,  or  if  any  registrar,  alternate  registrar,  or  assistant  reg- 
istrar, shall  fraudulently  strike  from  any  register  or  from 
either  of  said  books  of  registered  voters  in  his  charge  the  name 
of  any  person  entered  therein;  or  if  any  other  person  not  au- 
thorized by  the  proper  registration  officers  shall  strike  from 
any  register  or  from  any  book  of  registered  voters  the  name 
of  any  person  entered  therein;  or  if  any  registrar,  alternate 
registrar,  or  assistant  registrar,  shall  make  any  entry  or  entries 
in  the  said  register,  or  books  of  registered  voters,  except  at  the 
times  and  in  the  manner  hereinbefore  provided,  or  if  any  reg- 
istrar, alternate  registrar  or  assistant  registrar,  shall  do  any-  .  / 
thing  which  is  by  this  act  forbidden  by  him  done,  or  shall  omit 
to  do  anything  which  is  by  this  act  required  to  be  by  him  done, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  by  indictment,  shall  be  fined  not  exceeding  five 
hundred  dollars,  or  be  imprisoned  not  exceeding  three  years, 
or  may  be  both  fined  and  imprisoned  at  the  discretion  of  the 
Court. 

Sec.  24.^  If  any  person  shall  cause  or  attempt  to  cause  Person 
himself  to  be  registered  in  the  name  of  any  other  person  living  himself  to 
or  dead,  or  under  any  fictitious  name,  or  shall  cause  or  attempt  fuiiy  regis- 
to  cause  himself  to  be  registered  in  any  election  district  in  this 
State,  knowing  that  he  has  not  the  right  to  be  registered ;  («)  or 
if  any  person,  knowing  himself  to  be  registered  in  any  election 


1.     See  Act  May  13,  1891,  19  D.  L.  pp.  155-6,  Sees.  46  and  47.   (p.  298  of 
this  volume.) 


320 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Or  by  in- 
timidation 
01'  bribery, 
interfere 
with  regis- 
tration of 
others. 


Assault, 
riot,  breach 
of  peace. 


Penalty. 


district  in  this  State  shall  cause  or  attempt  to  cause  himself 
to  be  registered  in  any  other  (^)  election  district  in  this  State 
without  having  first  caused  his  name  to  be  stricken  from  reg- 
ister and  books  of  registered  voters  in  which  he  may  have  been 
previously  entered;  or  if  any  person,  knowing  himself  to  be 
disqualified  as  a  voter  at  the  next  following  general  election 
shall  cause  or  attempt  to  cause  himself  to  be  entered  on  the 
registers  in  any  election  district  in  this  State  as  a  registered 
voter  therein,  knowing  that  he  is  not  at  that  time  a  qualified 
voter  and  will  not  become  so  by  the  next  following  general 
election  ;  (c)  or  if  any  person  shall  by  force,  threat,  menace,  in- 
timidation, bribery  or  anj'  unlawful  means,  prevent  or  hinder, 
or  attempt  to  prevent  or  hinder  any  person  having  a  lawful 
right  to  have  his  name  entered  on  the  registers  in  any  election 
district  in  this  State  from  duly  exercising  such  rights,  or  shall 
compel  or  attempt  to  compel  by  any  such  means,  any  registrar, 
alternate  registrar,  or  assistant  registrar,  to  enter  on  their  reg- 
ister the  name  of  any  person  not  legally  entitled  to  be  entered 
therein,  or  to  refrain  from  entering  on  their  registers  the 
name  of  any  person  legally  entitled  to  be  entered  thereon,  or 
shall  lawfully  interfere  with  any  registrar,  alternate  registrar, 
or  assistant  registrar,  in  the  discharge  of  his  duties  under  this 
act;  or  if  any  person  shall  make  any  assault  or  commit  any  as- 
sault and  battery,  (/')  or  incite  or  create  any  riot  or  breach  of 
the  peace  at  or  near  to  any  place  of  registration  in  this  State, 
during  the  sitting  of  any  registration  officers,  he  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
by  indictment  shall  be  fined  not  exceeding  five  hundred  dol- 
lars, or  be  imprisoned  not  exceeding  three  years,  or  may  be 
both  fined  and  imprisoned  at  the  discretion  of  the  Court.^ 

(a)  See  Sec.  33  "b"  of  the  preceding  Act,  and  the  case  of 
State  vs.  Vincent,  1  Marv.  560  at  562.   (yr.  1895) 

(b)  See  Sec.  33,  "a"  of  the  preceding  Act,  and  the  cases  of 
State  vs.  Caldwell,  1  Marv.  555  at  559.  (yr.  1895) 

State  vs.  Lally,  2  Marv.  424  at  428.  (yr.  1895) 

(c)  See  note  "a"  of  this  section. 

(d)  See  Sec.  47,  "a"  of  the  preceding  Act,  and  the  cases  of 
State  vs.  Anderson,  1  Marv.  526  at  527.  (yr.  1893) 

State  vs.  Bell,  5  Penn.  192  at  195.   (yr.  1904)    See  Sec.  27,  "a"  of 
same  Act. 


1.     See  Act  May  13,   1891.   D. 
penalty,   (p.   290  of  this  volume.) 


L.   p.   150,   Sec.   33,   providing  a  different 


ACTS  OF  THE  GENERAL  ASSEMBLY.  321 

Sec.  25.    If  any  registrar,  alternate  registrar  or  assistant  ^°o^s  by 
registrar,  inspector  or  judge  of  election  shall  lose  any  register  o^^ers^*^'°" 
or  book  of  registered  voters  which  may  be  in  his  charge  or  cus- 
tody, or  if  any  of  such  officers  or  any  other  person  shall  will-  destruction, 
fully  destroy,  mutilate,  deface,  falsify  («)  or  fraudulently  re- ^"tiiation, 
move  or  secrete  any  register  or  book  of  registered  voters,  or  shall 
knowingly  make  any  false  entry  in  or  false  copy  of  any  regis-  ^^j^^  ^^_ 
ter  or  part  of  any  register,  or  fraudulently  make  any  entry,  tries  etc. 
erasure   or   alteration    in   any   alphabetical  list  of  registered 
voters,  as  contained  in  any  book  of  registered  voters,  he  shall 
be    deemed    guilty   of   a    misdemeanor,  and  upon  conviction 
thereof  by  indictment  shall  be  fined  not  exceeding  five  hun-  penalty. 
dred  dollars  or  be  imprisoned  not  exceeding  three  years,  or 
maj'  be  both  fined  and  imprisoned   at    the    discretion  of  the 
Court. 

(a)    See  Sec.  40,  "a."  of  the  preceding  Act,  and  the  case  of 
State  vs.  Brand,  2  Marv.  459  at  462.   (yr.  1897) 

Sec.  26.    If  any  person  shall  mutilate,  deface,  pull  down  Mutilation, 
or  destroy  at  anj-  time  before  the  last  sitting  of  the  registra-  pulling  down 
tion  officers  any  printed  copy  of  the  alphabetical  list  of  regis-  fng  afpha^ 
tered  voters,  when  the  said  lists  are  hung  up  as  provided  in   ^  '"^ 
Section  9  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  by  indictment  shall  be  fined  not  ex- 
ceeding one  hundred  dollars  or  be  imprisoned  not  exceeding  penalty, 
one  year,  or  may  be  both  fined  and  imprisoned  at  the  discre- 
tion of  the  Court. 

Sec.  27.  In  any  case  of  a  special  election  held  in  this  ^^^^g^'^^'J^J^ 
State  it  shall  be  the  duty  of  the  Registration  officers  of  the  i"©- ei'ectFon'^^ 
spective  election  districts  in  this  State,  hereinbefore  provided 
for,  to  sit  on  the  third  and  fourth  Saturdays  immediately  pre- 
ceding the  day  of  such  special  election,  from  8  o'clock  A.  M. 
until  7  P.  M.,  Avith  an  intermission  from  12  to  1,  at  the  place 
where  the  following  special  election  will  be  held,  or  at  some 
convenient  and  suitable  place  in  the  town  or  village  in  which 
such  election  will  be  held,  and  at  such  sittings  to  add  to  the 
registers  and  books  of  registered  voters  aforesaid  of  their  re- 
spective election  districts  the  names  of  all  persons  applying  to 
them  who  may  have  become  qualified  to  vote  since  the  day  of 


322  ACTS  OF  THE  GENERAL  ASSEMBLY. 

the  last  general  election,  or  who  may  become  qualified  to  vote. 
by  the  day  of  such  special  election. 

StHe^"  """"^'^  II-  ^^cl  it  shall  be  the  duties  of  such  registration  ofdcers 
in  adding  any  new  names  to  make  the  same  entries  in  the  reg- 
isters and  books  of  registered  voters  aforesaid,  as  they  are 
hereinbefore  required  to  make  when  sitting  as  registration  of- 
ficers before  any  general  election. 

officei^^to °"  III-    The  said  registration  officers,  within  one  w^eek  before 

taookYfrom    their  first  sitting  as  provided  for  in  this  section,  shall  procure 
the'pesfce.      from  the  Clerks  of  the  Peace  of  their  respective  counties  the 
two  registers,  and  the  two  books  of  registered  voters  and  the 
book  of  registration  certificates  which  shall  have  been  deliv- 
ered to  the  Clerks  of  the  Peace  as  hereinbefore  provided. 


ci'erk  of  I"^^-    I*  ^^^^^  ^^6  the  duty  of  the  Clerics  of  the  Peace  in  the 

uvertjooks^'  ^^vcral  countics  to  deliver  said  books  to  the  said  registration 
officers  when  the  same  shall  be  applied  for  as  aforesaid. 


Delivery  of  V,    In  delivering  one  of  the  "Registers"  and  one  of  the 

by°registra'-  "Books  of  Registered  Voters"  and  the  book  of  registration 
tion  o  cers.  Qgp^ig^ates  to  the  inspector  or  other  person  authorized  by  law 
to  hold  the  special  election  in  his  election  district,  as  herein- 
before provided,  it  shall  be  the  duty  of  said  registrar  to  de- 
liver the  register  and  the  book  of  registered  voters,  which  was 
not  used  at  the  previous  general  election  and  the  other  of  said 
registers  and  the  other  of  said  books  of  registered  voters  shall 
be  delivered  by  the  several  registrars  to  the  Clerks  of  the  Peace 
of  their  respective  counties  within'  one  week  after  such  special 
election. 

Sec.  28.  All  Acts  and  parts  of  Acts  supplied  («)  by  or 
inconsistent  with  this  Act  are  hereby  repealed. 

Approved  May  27,  A.  D.  1898. 

(a)  This  Act  covers  a  great  deal  of  what  is  contained  in  the  pre- 
ceding Act  of  May  13,  1891,  but  not  alh  It  has  supplied  portions  of  cer- 
tain sections  of  the  above  Act,  with  slight  changes,  but  not  the  sections 
in  their  entirety,  leaving  the  remaining  portions  of  the  sections  in  an  un- 
satisfactory, and  (in  some  instances,)  uncertain  state.  Neither  Act,  as 
far  as  the  City  of  Wilmington  is  concerned,  Avould  be  complete,  standing 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


323 


alone  and  by  itself.  A  newly  drawn  registration  law,  and  also  election 
law,  are  much  needed. 

As  to  repeal  by  a  later  Act  siipplying  a  prior  Act,  or  a  portion  of  it, 
see  the  case  of 

Husbands  vs.  Talley,  3  Penn.  88  at  99.   (yr.  1901) 


AN  ACT  Concerning  the  Appointment  of  Registration  Officers  -i  d.  l.  63. 
and  the  Preparation  and  Delivery  of  Eegistration  Books. 

Section  1.^  *        *        *:=        :^?        *        *        *        * 


Sec.  2.=      ********        * 

Sec.  3.    It  shall  be  the  duty  of  the  Governor  to  cause  the 
following  books  to  be  prepared,  at  the  expense  of  the  State,  for  of  books. 
the  use  of  the  said  registration  officers  in  each  election  dis- 
•trict  in  this  State  including  those  in  the  City  of  Wilmington 
for  the  registration  of  names  and  facts  following,  to  wit : 

I.    Two  books  for  the  registration  officers  in  each  election  Registers. 
district,  including  those  in   the    City   of  Wilmington,-  to  be 
known  by  the  general  name  of  "Registers,"  and  to  be  so  ar- 
ranged as  to  admit  of  the  convenient  entry  of  the  following 
particulars  :^ 

First.  *         *         *         *         **         *         * 

Second.       ***>::=         ^*         *         *         * 

Thii'd  *  ******* 


Fourth.*     His  age. 

Fifth.    The  place  of  birth. 


Supplied, 

Act  May  27, 
*  1S98,  21  D. 

L.  70,  Sec.  4. 

Part  Second. 
""  Repealed. 

Act  March  4, 
„  1907,  24  D. 
'^  L.  146. 

Repealed. 
Act  March 
14,  1901.  22 
D.  L.  Ill, 
Sec.  1. 


1.  This  section  refers  to  the  appointment  of  Registration  Officers 
outside  of  Wilmington,  by  the  Governor.  The  duties  prescribed  by  this 
section  are  performed,  for  "Wilmington,  by  the  Department  of  Elections. 
See  Act  May  20,  1898,  21  D.  L.  p.  140,  Sec.  3,  Parts  IV,  V,  VI,  VII  and 
VIIL  (pp.  332-333-334  of  this  volume.) 

2.  This  section  refers,  principally,  to  the  qualifying  of  the  Registrars, 
&c.,  outside  the  City  of  Wilmington,  by  the  taking  of  oath. 

As  to  the  City  of  Wilmington,  see  Act  May  20,  1898,  21  D.  L.  143, 
Sec.  4.  (p.  335  of  this  volume.) 

3.  See  Act  May  27,  1898,  21  D.  L.  70,  Sec.  4,  as  to  entries  to  be  made, 
(pp.  303-304-305  of  this  volume.) 

4.  See  Act  March  14,  1901,  22  D.  L.  p.  Ill,  Sec.  2,  which  provides  that 
the  entry  shall  be:  "Twenty-one  and  upwards."   (p.  326  of  this  volume.) 


324 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Sixth.     The  place  of  his  residence,  of  street  and  number, 
if  any,  and  his  post  office  address. 

Seventh.    The  time  of  his  residence  in  the  State,  county 
and  election  district  in  which  he  shall  apply  to  be  registered. 

Eighth.     If  naturalized. 

Ninth.    If  registered  voter. 

Tenth.    If  disqualified. 

Eleventh.    Date  of  application  for  registration. 

Twelfth.    If  challenged. 

Thirteenth.    Cause  of  challenge. 

Fourteenth.    Appeal. 

Fifteenth.     Remarks,  explanatory  and  supplementary. 


style  of 
books. 


II.  Such  Registers  shall  be  uniform  in  their  general  char- 
acter, shall  be  ruled  in  parallel  columns,  and  shall  be  of  such 
size  as  to  contain  not  less  than  fifteen  hundred  names. 


Ruling  and 
headings. 


III.     The  ruling  and  the  heading  in  the  above  described 
Registers  shall  be  substantially  in  the  form  following,  to  wit : 


Repealed, 
Act  March  4, 
1907.  24  D. 
L.  14G. 
Repealed. 
Act  March 
14,  1901.  22 
D.  L.  Ill, 
Sec.  1. 


.Name 


.  Age' 

.Nativity    

.  Residence   

State 

Election  District 


}Term  of 
Residence. 

Naturalized 


.Registered  Voter  .  .  . 

.Disqualified 

.Date  of  Application 

,  If  Challenged  

.Cause  of  Challenge  . 


1.     See  p.  323,  note  4. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  325 


.Appeal  . 
,  Remarks 


Second.     Two  books  for  the  Registration  officers  of  each  ggoks  of 
election  district,  to  be  known  by  the  name  of  ' '  Books  of  Reg-  yofers^''®"^ 
istered  Voters."  («)    Lists  of  all  persons  whose  names  may  be 
entered  on  the  aforesaid  as  ' '  registered  voters. ' '    Said  books  to 
be  ruled  in  parallel  columns  and  so  arranged  as  to  admit  of  the  Rulings. 
convenient  entry  in  alphabetical  order  of  the  name  of  every 
person  who  may  be  entered   on   the   registers   aforesaid  as  a 
"Registered  Voter,"  and  in  the  parallel  column  opposite  the 
name  of  such  person  the  following  particulars,  to  wit : 

(a)  These  "books  of  qualified  voters  are  the  best  evidence  of  an 
elector's  right  to  vote,  but  he  may  be  asked  as  a  witness,"  (in  Court, 
without  producing  the  books,)  "if  he  did  in  fact,  vote  at "  an  "  election. ' ' 

State  vs.  Matlack,  5  Penn.  401  at  402.     (yr.  1905)     (Syllabus.) 

First.    His  residence. 

^Second.     His  color. 

^Third.  His  age,  if  it  is  between  the  age  of  twenty-one 
and  twenty-two  years  on  the  day  of  the  next  general  election. 

Fourth.     A  book  to  be  known  as  "Registration  Certifi-  Registration 

C  c  r  t  i  fi  c  9.  t  c  s 

cates, "  to  contain  not  less  than  fifteen  hundred  blanks  and 
printed  in  manner  and  form  as  hereinafter  provided.^ 

Sec.  4.    The  Sheriff  of  each  county  shall,  some  time  pre-  Delivery  of 
vious  to  the  last  Saturday  in  the  month  of  July,  in  the  year  sheHff!^^ 
of  holding  the  general  election,  deliver  to  the  Registrar  of  each 
election  district  of  his  county,    two    of   the    books  known  as 
' '  Registers, ' '  two  of  the  books  known  as  ' '  Books  of  Registered 
Voters,"  and  a  book  of  Registration  certificates  hereinbefore 
provided  for;  which  said  books  addressed  to  the  Registrar  of 
each  election  district  of  the  county,  the  Governor  shall  cause  deliver  books 
to  be  delivered  to  the  Sheriff  in  each  of  the  counties  of  this ^^^^^ 


1.  The  entry  as  to  "Color"  is  made  in  "Books  of  Registered  Voters." 
but  not  in  the  "Registers."  Act  May  27,  1898,  21  D.  L.  p.  74.  Sec.  6;  (p. 
307  of  this  volume),  and  Act  March  14,  1901,  22  D.  L.  p.  Ill,  Sec.  1,  (p.  326 
of  this  volume.) 

2.  See  also  Act  May  27,  1898.  21  D.  L.  p.  74,  Sec.  6.  (p.  307  and  p.  326 
of  this  volume.) 

3.  See  above  Act,  Sec.  6,  II,   (p.  307  of  this  volume.) 


326  ACTS  OF  THE  GENERAL  ASSEMBLY. 

State  on  or  before  the  third  Tuesday  in  July  in  the  year  of 
holding  the  general  election. 

Endorsement  Sec.  5.  Eacli  of  the  Said  Registrars  immediately  upon  re- 
registrars.  ceiving  said  "Registers,"  "Books  of  Registered  Voters"  and 
book  of  "Registration  Certificates"  shall  endorse  upon  the 
back  and  write  at  the  head  of  each  ' '  Register, "  "  Book  of  Reg- 
sitered  Voters,"  and  "Registration  Certificates,"  delivered  to 
him  as  aforesaid,  the  name  of  the  county  and  the  name  of  the 
election  district  of  such  county  of  which  he  is  a  registrar  and 
of  which  such  books  shall  respectively  be  the  "Registers," 
"Books  of  Registered  Voters"  and  book  of  "Registration  Cer- 
tificates" as  aforesaid. 

Sec.  6.    All  Acts  and  parts  of  Acts  supplied  by  or  incon- 
sistent with  this  Act  are  hereby  repealed. 

Approved  May  20,  A.  D.  1898. 


22  D.  L.  111.  AN  ACT  in  Belation  to  Registration  Books  which  it  is  the 
Duty  of  the  Governor  to  cause  to  he  prepared  for  the  use 
of  the  Registration  Officers  in  each  Election  District  in 
this  State  iiicluding  those  in  the  City  of  Wilmington  and 
certain  entries  thereon. 

Registration  SECTION  1.    That  hereafter  it  shall  not  be  necessary  to  en- 

books  not  to  _  *' 

contain  col-   tcr  the  color  of  the  person  applying  to  be  registered  on  the 

umns  for  en-  ^  i  jr  ^       o  o 

tries  as  to      books  kuowu  as  Registers  which  it  is  the  duty  under  the  laws 

color.  p       ■ 

of  this  State  for  the  Governor  to  cause  to  be  prepared  for  the 
use  of  the  Registration  Officers  in  each  Election  District  in 
this  State,  including  those  in  the  City  of  Wilmington  for  the 
registration  of  voters,  and  that  hereafter  such  Registers  shall 
not  contain  columns  for  entries  as  to  color. 

Specific  age  Sec.  2.    That  after  this  Act  becomes  a  law,  it  shall  not  be 

stated.  lawful  to  enter  the  age  of  any  one  applying  to  be  registered  on 

the  books  aforesaid  in  the  column  headed  "age,"  but  it  shall 
be  sufficient  to  enter  that  the  applicant  is  "twentj^-one  and  up- 
wards. ' ' 


ACTS  OF  THE  GENERAL  ASSEMBLY.  327 

Sec.  3.     That  all  acts  or  parts  of  acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 
Approved  March  14,  A.  D.  1901. 


AN  ACT  proposing  an  Amendment  to  Section  4  of  Article  V,  23  d.  l.  11. 
of  the  Constitution  of  this  State  hy  striking  out  of  said 
Section  all  thereof  which  requires  the  payment  of  money 
as  a  Qualification  to  Register. 

Section  1.    That  Section  4  of  Article  V  of  the  Constitu-  Proposed 
tion  of  this  State,  be  and  the  same  is  hereby  amended  by  strik-  to  sec.  4, 

Art   5  of  the 

ing  out  of  said  Section  4  the  following  words :  ' '  and  each  voter  constitution 
shall,  at  the  time  of  his  registration,  pay  a  registration  fee  of  registration 
one  dollar,  for  the  use  of  the  county  where  such  registration  is 
paid. ' ' 

Approved  March  30,  A.  D.  1905. 


AN  ACT  Striking  Out  of  the  Statutes  of  the  State  of  Dela-  2^  d.  l.  146. 
ware  all  Provisions  in  Relation  to  the  Payment  of  a  Regis- 
tration Fee  as  a  Qualification  to  Vote. 

Section  1.     That  all  provisions  in  the  Statutes  of  the  Registration 

r^'n-r^i  •  1        •  1  p  •  ■  f^®  abOl- 

State  of  Delaware  m  relation  to  the  payment,  01  a  registration  ished. 
fee  (^)  as  a  qualification  to  vote  be  and  the  same  are  hereby 
stricken  out,  repealed  and  made  null  and  void. 

Sec.  2.  That  all  Acts  and  parts  of  Acts  inconsistent  with 
this  Act  are  hereby  repealed. 

Approved  March  4,  A.  D.  1907. 

(a)  The  right  to  vote,  now,  is  "free."  One  hundred  years  before 
1797  the  payment  of  a  poll  tax  was  a  prerequisite  to  exercising  this  privi- 
lege by  '■ '  those  who  had  no  property. "  "  Penn  made  the  electoral  quali- 
fication one  entirely  of  property."  (63)  Then  came  our  tax,  then  the 
registration  fee  of  $1,  and  noAV  it  is  "manhood,"  with  conditions  in  re- 
gard to  registration  and  residence,  and  ability  to  read  the  Constitution  in 
the  English  language,  and  write  one's  name;  and  prohibitions  in  regard 
to  paupers,  insane  persons,  felons,  &c.  Not  so  many  years  ago  such  a 
state  of  affairs  was  declared  to  be  Utopian. 

Comegys,  C.  J.:  "Such  modern  ideas  as  manhood  suffrage  (if  by 
that  be  meant  a  suffrage  because  of  full  age,)  bal- 
lot for  all,  and  slavery  without  the  ballot,  were  properly  left  to  be  evolved 
out   of  the   consciousness  of  visionary  theorists,  with   aspirations   for   a 


328  ACTS  OF  THE  GENERAL  ASSEMBLY. 

State  of  society  dreamed  of  only  by  those  who  would  substitute  or  poor 
humanity  for  the  great  Creator. " 

Frieszleben  vs.  Shallcross  et  al,  9  Houst.  1  at  6o.  (yr.  1890) 

(See  p.  8,  par.  8  "a"  of  Borough  Charter.) 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


329 


CHAPTER  XI. 


ACTS  IN  RELATION  TO  ELECTIONS. 


Page    I 
Act     Creating     a     Depart-  9. 

merit  of   Elections  for  the 

City    of    Wilmington 329         10. 

Act  More  Clearly  Defining 
the  Duty  of  the  Depart- 
ment  of    Elections    in    the 

City    of    Wilmington 337         11. 

Act  Requiring  Depart- 
ment of  Elections  to 
Designate  Place  for  Hold- 
ing   Elections    337     ]    12. 

Act  Increasing  the  De- 
partment   of    Elections    to 

Five    Members    338 

Act   Extending   the  Terms  13. 

of      the      Department      of 

Elections    Six    Years 341 

Act    to     Provide     for     the  14. 

Purity  of  Primary  Elec- 
tions      In       New       Castle 

County    341 

Act  to  Provide  for  the  Se-  15. 

crecy    and     Purity    of    the 

Ballot    368 

Act  to  Further  Provide 
for  the  Secrecy  and  Pu- 
rity of  the   Ballot 387     I 


Page 
An     Act    Prohibiting     Bet- 
ting   on    Elections 393 

Act  Requiring  Ballots  to 
be  IVlarkced  with  an  In- 
delible  Black   Lead    Pencil 

or   Crayon    394 

Act  Creating  the  Office  of 
Voters'  Assistant,  and 
Prescribing       the       Duties 

Thereof    396 

Act  Prohibiting  Sale  or 
Distribution  of  Intoxicat- 
ing    Liquors    Within    One 

Mile  of   Election    Place 397 

Act  in  Relation  to  Muni- 
cipal Elections  to  be  Held 
in  the  City  of  Wilmington  397 
Act  Applying  the  Provis- 
ions of  Certain  Election 
Laws  to  Municipal  Elec- 
tions          414 

Act  to  Authorize  the  Sub- 
mission to  the  People  of 
Wilmington  of  Question 
of  Public  Policy  in  Con- 
nection   with    City    Affairs     415 


AN  ACT  Creating  a  Department  of  Elections  for  the  City  of  21  d.  l.  139. 
Wilmington. 

Section  1.     That  for  the  objects  and  purposes  herein-  Appointment 
after  set  forth  the  Governor  of  the  State  of  Delaware  shall  ment  of 

„        -     .      Elections  of 

in  the  manner  and  at  the  tnnes  and  lor  the  terms  set  torth  m  city  of  wii- 

•  1  If     ^  -J.         £  niington. 

Section  2  of  this  act  appoint  Hhree  persons  or  the  city  or 
Wilmington,  who  shall  constitute  a  Department  of  Elections 


1.     Board   enlarged   to   consist   of   five   members.      Act   March   8, 
22  D.  L.  p.  117,  Sees.  1  and  2.     See  p.  338  of  this  volume. 


1901, 


330 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


for  the  said  city  of  Wilmington,  and  with  the  powers  and 
duties  prescribed  in  the  sections  following. 


Offices  of 
present 
members  of 
department 
continued. 


Appointment 
of  succes- 
sors. 


Qualifica- 
tions of  ap- 
pointees. 


Members  not 
to  hold  other 
offices. 


Vacancies, 
how  filled. 


Political 
complexion. 


Oath. 


Sec.  2.  That  the  terms  of  office  of  the  present  members 
of  the  Department  of  Elections  for  the  city  of  Wilmington, 
as  the  same  was  constituted  pursuant  to  the  provisions  of 
Chapter  39,  Volume  XIX,  Laws  of  Delaware,  shall  not  be  va- 
cated, but  the  said  officers  shall  continue  during  the  original 
term  thereof,  and  said  members  shall  during  the  continuance 
of  their  respective  terms  be  members  of  the  Department  of 
Elections  for  the  city  of  Wilmington  created  by  this  act.  At 
the  expiration  of  the  term  of  office  of  the  said  member  which 
shall  be  the  first  to  terminate  and  biennially  thereafter  the 
place  of  the  retiring  member  shall  be  filled  by  appointment 
by  the  Governor  for  the  term  of  six  years.  Xo  person  shall 
be  eligible  to  appointment  as  a  member  of  said  Department 
of  Elections  Avho  is  not  a  citizen  of  the  United  States  of 
America  and  a  resident  in  the  said  city  for  which  he  is  ap- 
pointed, and  who  has  not  resided  therein  for  a  term  of  five 
years  next  preceding  his  appointment.  Xo  member  of  said 
Department  of  Elections  shall  hold  or  be  a  candidate  for  any 
elective  office  during  his  membership  in  said  department,  nor 
until  the  expiration  of  six  months  after  he  shall  have  ceased 
to  be  a  member  of  said  department.  When  any  vacancy 
occurs  in  said  department  by  or  from  any  cause  whatso- 
ever the  Governor  aforesaid  shall  fill  the  unexpired  term 
by  appointment,  but  at  no  time  shall  all  the  members  of  said 
department  be  of  the  same  political  faith  and  opinion.  Each 
of  said  members  shall  hereafter  before  entering  upon  his 
duties  and  within  one  month  from  the  time  of  his  appoint- 
ment take  and  subscribe  and  file  in  the  office  of  the  Clerk  of 
the  Peace  of  the  county  wherein  he  resides  an  oath^  or  af- 
firmation that  he  will  perform  the  duties  of  his  office  with 
fidelity  and  impartiality.     The  members  of  the  Department 


1.     See  Act  March  8.  1901.   22  D.  L.  p.  118.  Sec.  6  as  to  oath  of  oflSce. 
p.  340  of  this  A'Olume.     See  also  Article  14  of  the  Constitution. 


xVCTS  OF  THE  GENERAL  ASSEMBLY,  331 

of  Elections   shall   meet   and   organize^   said   Department  of  Organiza- 
Elections,  by  this  act  constituted,  by  selecting  one  of  their 
number  to  be  President,  whose  term  of  office  shall  continue 
for  one  year  from  the  date  of  such  organization,  when  and 
biennially  thereafter  the  said  Department  of  Elections  shall 
select  one  of  their  number  to  be  President.    Each  member  of  oncers, 
the  Department  of  Elections  shall  receive  as  compensation  compensa- 
for  his  services  in  any  year  in  which  there  is  held  a  general 
or  special  election  a  salary  of  five  hundred  dollars,  said  com- 
pensation to  be  paid  as  hereinafter  provided.^ 

Sec.  3.     The  duties  of  the  members  of  the  Department  Duties  of 
of  Elections  shall  be  as  follows  :^  ^^^^  ^  "  ' 

I.  They  shall,  on  or  before  the  first  day  of  June  next,  Division  of 
preceding  the  time  of  the  first  registration  held  under  the  election  dis- 
provisions  of  this  act,  and  in  every  sixth  year  thereafter,  on 

or  before  the  first  day  of  June,  divide  the  city  into  as  many 
election  districts  as  they  shall  deem  necessary,  and  shall  es- 
tablish the  boundaries  thereof.    Provided  that  each  election 
district  shall  contain  as  near  as  may  be,  not  more  than  three  Number  of 
hundred,  nor  less  than  one  hundred  qualified  voters.     And  district, 
further  provided,  that  each  of  said  election  districts  shall  be 
entirely  within  the  boundaries  of  one  representative  district,  be  within 
And  on  or  before  the  first  day  of  June  A.  D.  nineteen  hun-  sentat?ve 
dred,  and  biennially  thereafter,  said  department  of  elections 
may  divide  such  of  the  election  districts,  and  such  only  as, 
by  the  election  last  preceding  such  division,  shall  be  found  subsequent 
to  contain  a  greater  number  of  voters  than  can  conveniently 
vote  therein.    They  shall  also  designate  each  of  said  election  Designa- 
districts  by  appropriate  titles  or  distinctions.* 

II.  Tliev  shall  have  power  to  dismiss  any  Registrar  at  Dismissal 

"  .  ^  ^  Qf  regis- 

any  time  and  supply  his  place  with  another  person.     They  trars. 

1.  See  same  Act,  22  D.  L.  p.  IIS,  Sec.  6  as  to  time  of  organizations, 
election  of  officers,  &c.  (p.  340  of  this  volume.) 

2.  See  Sec.   3,   II  of  this  Act.   pp.    331-332. 

3.  For  powers  previously  conferred  see  19  D.  L.  p.  128  (Sec.  3)  et  seq., 
p.  273  this  volume,  and  21  D.  L.  p.  146  at  p.  337  this  volume,  more  clearly 
defining-  the  duties  of  the  Department  of  Elections  in  the  City  of  W^il- 
mington. 

4.  And  shall  designate  some  suitable  place  for  holding  the  elections 
therein.     Act  June  1,  1898,-  21  D.  L.  p.  94;  p.  337  of  this  volume. 


332 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Employees. 


Limit  of 
expense. 


How  paid. 


Appointment 
of  registrars. 

Removals. 
Vacancies. 


Appointment 
of  registra- 
tion officers. 


Qualifica- 
tions. 


Politics. 


Division  be- 
tween 
parties. 


Furnishing 
of  lists  for 
officers. 

Time. 


may  also  employ  a  clerk,  counsel  and  such  other  assistants 
as,  in  the  judgment  of  the  members  of  said  Department  of 
Elections,  shall  be  necessary  and  proper  for  the  faithful  per- 
formance by  it  of  the  duties  by  this  act  imposed;  provided 
the  expense  thereof  shall  not  exceed  fifteen  hundred  dollars 
in  any  one  year  in  which  the  general  election  is  held,  which 
said  sum  shall  not  include  the  compensation  of  members  of 
the  Department  of  Elections  and  Registrars,  to  be  paid  upon 
warrants  of  the  president  of  the  Department  of  Elections  in 
the  same  manner  as  is  provided  for  the  payment  of  the  legal 
compensation  of  members  of  said  Department  of  Elections.^ 

III.  They  shall,  hereafter,  appoint  all  registrars  in  the 
City  of  Wilmington,  and  shall  make  all  necessary  removals 
of  registration  officers,  and  fill  all  vacancies  which  from  any 
cause  occur. 

IV.  They  shall  in  the  month  of  June,  in  each  year  in 
which  a  general  election  is  held,  appoint  for  each  election 
district  in  the  City  of  Wilmington  three  capable  persons, 
who  shall  be  voters  and  residents  in  the  Election  District, 
for  which  they  shall  be  appointed,  who  shall  be  the  registra- 
tion officers  of  the  election  district  for  which  they  are  ap- 
pointed; one  of  whom  shall  be  designated  as  "Registrar," 
and  the  other  two  "Assistant  Registrars,"  and  not  more 
than  two  of  them  shall  be  of  the  same  political  faith;  pro- 
vided, that  the  total  number  of  registration  officers  in  each 
representative  district  shall  be  divided  as  equally  as  possible 
between  the  two  leading  political  parties,  as  the  same  shall 
be  determined  upon  by  the  department  of  elections  at  the 
time  of  making  the  appointments.  And  further,  for  each 
appointment  accredited  to  any  political  party  under  this  sec- 
tion the  City  Executive  Committee  of  such  political  party 
shall  furnish  the  Department  of  Elections  on  or  before  the 
first  day  of  June  of  the  year  in  which  said  appointment  is  to 
be  made,  a  list  of  three  names  of  properly  qualified  persons, 
from  which  list  the  Department  of  Elections  shall  make  its 
appointments. 


1.  See  Sec.  5  of  this  Act,  p.  336.  See  Act  April  6,  1S93.  19  D.  L.  985-6, 
Sees.  6  and  9,  Municipal  Election,  (pp.  399  and  401  of  this  volume.)  And 
see  Act  May  13,  1891,  19  D.  L.  128,  Sec.  2.  (p.  272  of  this  volume.) 


ACTS  OF  THE  GENERAL  ASSEMBLY,  333 

Provided,  however,  that  if  the  said  lists  of  names  are  ^otluj}.''^'^ 
not  furnished  as  aforesaid,  then  and  in  that  event  the  De-  nished. 
partment  of  Elections  shall  appoint  some  suitable  person,  or  Department 

to  select. 

persons,  of  such  political  party  having  all  the  qualifications 
provided  by  this  section. 


The  terms  of  office  of  such  Registration  officers  shall  be-  when  terms 
gin  on  the  first  Tuesday  in  July  next  after  their  appointment  begin.*^^ 
and  shall  continue  for  two  years  thereafter,  and  until  their  Term, 
successors  shall  be  duly  chosen  and  qualified,  unless  sooner 
removed  as  provided  in  this  act. 

V.  They  shall  also  when  appointing  Registration  of- 
ficers for  the  several  election  districts  of  the  city  of  Wilming- 
ton at  the  same  time  appoint  in  each  election  district  in  the 
said  city  one  capable  person,  who  shall  be  a  voter  and  resi- 
dent in  the  election  district  for  which  he  shall  be  appointed,  Alternate 
to  be  "Alternate  Registrar"  for  the  said  election  district.  ^^^'^^''^^'• 
The  term  of  office  of  said  "Alternate  Registrar"  shall  be  the  ^erm  of 
same  as  that  of  the  Registrar,  and  whenever  the  Registrar  office. 
provided  for  by  this  act  shall  be  incapable  from  any  cause 
whatsoever  of  performing  the  duties  required  of  him  by  the 

laws  of  this  State,  the  Alternate  Registrar  in  the  same  elec-  when  to  sit. 
tiou  district  shall  act  in  his  stead,  and  while  acting  shall  pos- 
sess all  the  powers  and  do  and  perform  all  the  duties  of  a  ^uties.^  ^"*^ 
Registrar. 

VI.  But  nothing  herein  contained   shall  authorize   or  „„ 

'^  ^^Hien  alter- 

empower  the  Alternate  Registrar  to  act  at  any  time  wiien  nate  not  to 

there  is  a  Registrar  of  the  election  district  able  and  willing 

and  present  to  act.    If  any  Registration  officer  or  Alternate 

Registrar  shall  remove  from  the  election  district  for  which 

he  shall  be  appointed,  or  shall  cease  to  be  a  voter  therein,  his 

office  shall  thereupon  become  vacant.  vacancies. 

VII.  If  any  vacancy'  or  vacancies  should  occur  in  the  vacancies  in 

*'  refiristration 

office  of  Registrar,  Assistant  Registrar  or  Alternate  Regis-  office, 
trar,  before  the  expiration    of    such    term,  from  any  cause 
whatsoever,  the  said  Department  of  Elections  shall  appoint 

.      ;.  ^  ^„  ^^  How  filled. 

some  suitable  person  or  persons  to  fill  such  vacancy  or  va- 


334 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Term  of 
appointee. 


Qualifica- 
tions, pow- 
ers, etc. 


Oath  of 

registration 

officers. 


Form. 


Officers  be- 
coming can- 
didates to 
vacate  office. 


How  filled. 


Officers  to  be 
ineligible  to 
be  voted  for. 


cancies  who  shall  serve  for  the  residue  of  such  unexpired 
term  or  terms,  who  shall  possess  the  same  qualifications  and 
be  qualified  in  the  same  manner,  possess  the  same  powers 
and  perform  the  same  duties  as  the  original  appointee  or  ap- 
pointees. Each  Eegistrar,  Assistant  Registrar  and  Alternate 
Registrar  before  entering  upon  the  duties  of  his  office,  shall 
take  and  subscribe  before  the  Clerk  of  the  Peace  of  the 
county  in  which  he  shall  reside  the  following  oath  or  affirma- 
tion which  the  said  Clerk  of  the  Peace  is  hereby  authorized 
to  administer: 

'I residing  in Election 

District  of Representative  District  in 

County,  do  solemnh'^  swear  (or  affirm)   that  I 

will  support  the  Constitution  of  the  United  States,  and  the 
Constitution  of  the  State  of  Delaware,  and  that  I  will  faith- 
fully discharge  the  duties  of  the  office  of  Registrar  (Assist- 
ant Registrar  or  Alternate  Registrar)  for Election 

District  in Representative  District  in 

County  faithfully,  honestly,  fairly,  impartially  and  accord- 
ing to  the  best  of  my  ability;  that  I  am  a  citizen  of  the 
United  States  and  of  the  State  of  Delaware,  and  am  not  a 
candidate  for  any  office  to  be  voted  for  by  the  election  dis- 
trict for  which  I  am  appointed  Registrar  (Assistant  Regis- 
trar or  Alternate  Registrar) ,  and  that  I  am  a  qualified  voter 
in  said  election  district."  («) 

(a)   See  Art.  14  of  the  Constitution.     See  the  case  of 
State  vs.  Matlack,  5  Peuu.  401  at  420-422.   (yr.  1905) 

VIII.  Should  the  said  Registrar,  Assistant  Registrars 
or  either  of  them  or  Alternate  Registrar  after  taking  said 
oath  and  before  entering  upon  the  active  duties  of  the  said 
office  become  a  candidate  for  any  office  to  be  voted  for  by 
the  electors  of  the  election  district  for  which  he  is  appointed 
Registrar,  Assistant  Registrar  or  Alternate  Registrar,  the 
said  office  shall  ipso  facto  become  vacant  and  be  filled  by  the 
appointment  of  another  person  to  the  same.  After  any  Reg- 
istrar, Assistant-Registrar,  or  Alternate  Registrar  shall  have 
entered  upon  the  active  duties  of  his  office  he  shall  thereby 
become  ineligible  to  any  office  to  be  voted  for  at  the  next 
ensuing  general  election. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  335 

Sec.  4.     Each  and  every  person  appointed  as  aforesaid  ^^i"oath^and 
to  act  as  Registrar,  Assistant  Registrar  or  Alternate  Regis-  qualifying. 
trar  shall  qualify  as  such  Registrar,  Assistant  Registrar  or 
Alternate  Registrar  by  taking  and  subscribing  the  oath  or 
affirmation  prescribed  in  the  preceding  section  within  ten 
days  after  being  notified  of  his  appointment  and  shall  per- 
form the  duties  of  the  office  for  the  time  for  which  he  was 
appointed,  unless  lis  shall  become  disqualified  by  sickness  or 
otherwise.    But  any  Registrar,  Assistant  Registrar  or  Alter- 
nate Registrar,  who  shall  be  appointed  to  fill  a  vacancy,  shall  Appointees 
qualify  forthwith.     And  if  any  Registrar,  Assistant  Regis- 1°  quaufy^^^ 
trar  or  Alternate  Registrar,  who  being  appointed  either  for  forthwith. 
a  full  term  or  to  fill  a  vacancy,  shall  refuse  to  qualify  as 
aforesaid,  or  having  qualified,  shall  fail  or  refuse  to  per-  Refusal  to 
jform  any  of  the  duties  of  said  office,  he  shall  forfeit  and  pay  ^^^i^^ J'- 
to  the  State  a  fine  of  one  hundred  dollars,  upon  conviction 
thereof  by  indictment  in  the  Court  of  General  Sessions  of  Penalty, 
the  county  where  such  offense  was  committed. 

The  Department  of  Elections  shall  deliver  a  certificate  J/^^jofnt^- 
of  appointment  to  wdiomsoever  it  shall  appoint  and  who  shall  ment. 
be  sworn  into  office  as  Registrar,  said  certificate  to  be  in  such  ^^^^  ^^ 
form  as  shall  be  prescribed  by  such  Department  of  Elections, 
specifying  the  election  district  in  and  for  which  the  person 
to  whom  the  same  is  issued   is   appointed   to   serve,  and  the 
date  of  the  expiration  of  his  term  of  office.    The  Department 
of  Elections  shall  have  full  power  and  authority  to  remove  ^g™  tration 
any  of  the  registration  officers  appointed  by  them  as  afore-  officers. 
said  for  want  of  requisite  qualification  or  cause,  but  in  either 
of  such  case  such  removal,  unless  made  while  the  Registrars 
are  actually  on  duty,  on  a  day  of  registration,  and  for  im- 
proper conduct  as  a  registration  officer,  shall  only  be  made 
after  notice  in  writing  to  the  officer  sought  to  be  removed, 
which  notice  shall  set  forth  clearly  and  distinctly  the  reasons 
for  removal.    Any  person  appointed  to  fill  any  vacancy  shall 
serve  for  the  unexpired  term  of  the  person  whose  office  he  is 
appointed  to  fill. 

The  registration  officers  during  the  time  they  hold  such  ^gist^fffon^ 
office  shall  be  exempt  from  the  performance  of  military  and^ffi"^®'"^- 


336 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


DisquaHfica-^  j^^py  cluty,  and  DO  person  who  by  the  laws  of  the  State  is  ex- 
of  ''^^i^^g^g    empt  from  jury  duty  shall  be  required  to  serve  as  registra- 
tion officer. 


Limit  of 
rent. 


Office  of  De-  Sec.  5.    The  said  Department  of  Elections  may  rent  some 

partment  of.  .  .  -i-  -,    r> 

Elections.  suitable  and  convenient  place  m  the  said  city,  and  lit  up  the 
same  for  an  office  for  the  use  of  the  said  Department  of  Elec- 
tions at  a  yearly  rental  not  to  exceed  three  hundred  dollars, 
to  be  paid  upon  warrants  of  the  President  of  the  Department 
of  Elections  in  the  same  manner  as  is  provided  for  the  pay- 
How  rent  to  mcut  of  the  legal  compensation  of  members  of  said  Depart- 
be  paid.  ^      ^  -r^i      ^- 

ment  of  Elections. 

mento°/e^om-  ^^^-  ^-     "^^^^  legal  compensation  of  all  members  of  the 

member" o°f^  Department  of  Elections  shall  be  paid  quarterly,  on  the  last 
department,  ([^y^  of  March,  Jiuie,  September  and  December,  by  the  State 

Treasurer  out  of  any   money    belonging   to    the    State,  not 

otherwise  appropriated. 


Neglect  of 
duty  or  cor- 
rupt or 
fraudulent 
practices  of 
members  of 
department. 


Penalty. 


Sec.  7.  If  any  members  of  the  Department  of  Elections, 
of  whom  any  duty  is  required  in  this  act,  shall  be  guilty  of 
any  wilful  neglect  of  such  duty,  or  of  any  corrupt  or  fraudu- 
lent conduct  or  practice  in  the  execution  of  the  same,  he  shall 
on  conviction  thereof,  be  adjudged  guilty  of  a  misdemeanor 
and  shall  be  punished  by  imprisonment  in  the  couniy  jail  for 
not  more  than  two  years,  or  by  a  fine  of  not  more  than  two 
hundred  dollars,  or  both. 


Sec.  8.     It  is  hereby  made  the  special  duty  of  the  De- 


Department 

to  notify 

Gen*era1^of     partment  of  Elections  to  notify  the  Attorney  General  of  all 
of*^lct!°"^      violations  under  this  act. 


Sec.  9.    All  Acts  and  parts  of  Acts  supplied  by  or  incon- 
sistent with  this  Act  are  hereby  repealed. 

Approved  May  20,  A.  D.  1898. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  .  337 

AN  ACT  more  clearly  defining  the  duty  of  the  Department  of  -i  ^-  ^- 1^^- 
Elections  in  the  City  of  Wilmington. 

Section  1.    That  the  Department  of  Elections  of  the  City  Powers  and 

privilBg'es  of 

of  Wilmington   shall   have    and   exercise  all  the  powers  and  Department 

•    -1  •  1        •  1  •    1      1     n  1  i?         1       1     1  1  o^  Elections. 

privileges  m  respect  to  elections,  which  shall  hereaiter  be  held 
in  said  city,  which  the  Department  of  Elections  had  and  pos- 
sessed by  virtue  of  an  act  of  the  General  Assembly,  entitled 
' '  An  Act  to  provide  for  the  Registration  of  Voters  in  the  City 
of  Wilmington,"  passed  at  Dover,  May  13,  A.  D.  1891,^  shall 
select  election  places  in  the  respective  districts,  appoint  all 
election  officers  with  power  to  remove  the  same,  and  have  all 
other  powers  and  privileges  exercised  and  possessed  by  said 
Department  of  Elections,  in  respect  to  elections  under  this  act. 

Sec.  2.    Nothing  in  this  act  shall  be  construed  to  repeal  Not  to  im- 
or  impair  any  act  or  part  of  an  act  passed  by  the  present  ses-  fsfws. 
sion  of  the  General  Assembly. 

Approved  June  1,  A.  D.  1898. 


AN  ACT  in  regard  to  General  Election.  i893.  21  d.  ' 

L.  94. 

Section  1.     The  general  election  in  and  for  the  several  General 
counties  of  this  State,  on  the  Tuesday  next  after  the  first  Mon-  ^here'heid. 
daj^  of  November,  shall  be  held  in  the  respective  election  dis- 
tricts of  the  Representative  districts  of  said  counties,  at  the 
places  hereinafter  appointed  for  that  purpose,  that  is  to  say. 

FOR  THE  CITY  OF  WaLMINGTON. 

The  Department  of  Elections  for  the  City  of  Wilmington.  Department 

^  "^  °         '  ot  Elections 

established  by  virtue  of  an  act  of  the  General  Assemblv,  en-  to  designate 

"  '  voting  places 

titled      An  Act  creating  a  Department  of  Elections  for  the  in  wiiming- 
City  of  Wilmington,"  approved  May  20th,  A.  D.  1898,  shall *°"" 
at  the  time  of  dividing  the  said  city  into  election  districts  and 
establishing  the  boundaries  thereof,  designate  some  suitable 
and  proper  place  in  each  election  district  for  holding  the  elec- 
tions therein,  and  all  persons  entitled  to  vote  in  the  said  several  ^^'^^  to  vote. 


1.     For  said  powers  and  duties  see  19  D.  L.  p.  128,  Sec.  3,  et  seq.,  at  p. 
273  of  this  volume. 


338 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


respective  election  districts  thus  established,  shall  vote  at  the 
place  designated  and  appointed  by  the  said  Department  of 
Elections,  for  holding  elections  in  the  said  several  respective 
election  districts. 


Approved  June  1,  A.  D.  1898. 


22  D.  L.  117 


Department 
of  Ellections 
to  be  in- 
creased to 
five  mem- 
bers. 


AN  ACT  in  relation  to  the  Department  of  Elections  for  the 
City  of  Wilmington. 

Section  1.  That  the  Department  of  Elections  for  the 
City  of  Wilmington,  as  established  and  constituted  by  Chapter 
39,  Vol.  19,  Laws  of  Delaware,  and  as  constituted  and  created 
by  Chapter  40,  Volume  21,  Laws  of  Delaware,  be  and  the  same 
is  hereby  enlarged  to,  and  made  to  consist  of  five  members,  («) 
for  all  general  or  special  elections  to  be  hereafter  held  in  said 
City. 

(«)  The  Department  of  Elections,  prior  to  this  Act,  used  to  consist 
of  three  members.  The  jihrase,  ' '  for  all  general  or  special  elections  to 
be  hereafter  held  in  said  city, ' '  raised  a  doubt  as  to  the  powers  of  the 
said  Dei^artment  in  municipal  elections,  the  contention  being,  that  for 
city  elections  the  old  Department  of  three  members  was  still  the  proper 
Department,  and  for  ' '  general  or  special  elections ' '  held  in  said  city, 
the  Department  consisted  of  five  members.  It  was  also  contended,  that 
the  Act  was  passed  by  a  nlajority  vote  only  (not  two-thirds),  and  so  did 
not  apply  to  municipal  elections  in  Wilmington.  The  matter  was  taken 
into  Court,  and  the  Court,  (it  being  the  Court  in  Banc)  decided  that  the 
Department  of  five  members  had  charge  of  all  elections, — general,  special 
and  municipal,  held  in  the  City  of  Wilmington. 

Lore,  C.  J.:  " And  now,  to  wit,  this  fifteenth  day  of  April,  A.  D. 
1903,  the  questions  of  law  arising  in  this  case,  directed 
by  the  Superior  Court,  in  and  for  New  Castle  county,  to  be  heard  by  the 
Court  in  Banc,  having  been  fully  argued  by  counsel  of  the  respective 
parties  and  duly  considered  by  the  Court,  we  are  of  the  opinion  that  the 
defendants,  Jacob  H.  Lewis,  and  Thomas  A.  D.  Hutson,  are  by  virtue  of 
the  provisions  of  the  laws  of  the  State  of  Delaware,  and  their  appoint- 
ments and  commission  by  the  Governor,  members  of  the  Department  of 
Elections  for  the  City  of  Wilmington,  and  as  such,  of  right,  hold,  use  and 
exercise  the  ofiice  of  members  of  said  department,  among  the  rights  and 
duties  of  which  office  is  the  transfer  and  registration  of  voters  prepara- 
tory to  holding  the  municipal  election  in  said  city,  and  that  therefore  the 
demurrer  of  the  plaintitf  should  be  overruled.  It  is  ordered  that  this 
opinion  be  certified  to  the  said  Superior  Court  for  Xew  Castle  county. ' ' 

This  was  signed  by  all  five  judges. 

State  Delaware  ex  rel  Herbert  H.  Ward,  Attorney  General  vs.  Lewis 
and  Hutson.   Unreported  (yr.  1903). 


Sec.  2.  That  the  Governor  be  and  he  is  hereby  author- 


Governor  to 

appoint  two 

persons         ^^^^  ^^^  empowered  to  appoint  and  commission  two  suitable 


ACTS  OF  THE  GENERAL   ASSEMBLY.  339 

persons,  residents  of  the  City  of  Wilmington,  to  be  members  ot 
the  said  enlarged  Department  of  Elections  for  the  City  of  Wil- 
mington. 

Sec.  3.     That  the  term  of  office  of  one  of  the  said  two  One  for  two 

y63,rs   oriG 

members  shall  be  two  years  and  the  term  of  the  other  and  re-  for  three 

maining  member  shall  be  Hhree  years,  and  at  the  expiration  " 

of  said  two  terms  and  thereafter  every  three  years,  the  Gov-  Thereafter 

.      1  1  '  T     ,  .  T  Governor  to 

ernor  shall  appoint  suitable  persons  to  succeed  the  said  mem-  appoint 

8verv  thr66 

bers  for  the  term  of  three  years.  years. 

Sec.  4.     That  the  members  so  appointed  shall  have,  pos-  Powers  of 

^  ^  _  ■    '^         members  so 

sess,  enjoy  and  exercise  all  and  every  the  rights,  powers,  and  appointed. 
privileges  which  are  now  held,  possessed,  enjoyed  and  exer- 
cised by  the  present  members  of  said  Department  and  vested 
in  them  bv  law,  and  shall  ijerform  each  and  every  dutv  which  ^  ^. 

'  ^  c'  .  Duties  and 

the  present  members  of  said  Department  are  now  required  to  compensa- 
perform  by  law ;  and  they  shall  each  receive  the  same  compen- 
sation as  now  fixed  by  law  for  the  other  three  members,  which 
shall  be  paid  by  the  State  Treasurer,  at  the  same  time  and  in 
the  same  way  as  now  provided  by  law  for  the  payment  of  the 
compensation  of  the  present  members  of  said  Department. 

Sec.  5.    That  from  and  after  the  first  day  of  April  A.  D.  S^f/4^°of 
1901,  the  Department  of  Elections  shall  consist  and  be  com-  ^""'^  mem- 

'  ^  bers. 

posed  of  five  members,  to  wit :  the  three  members  who  are  now 
members  of  said  Department  and  the  two  members  appointed 
by  the  Governor;  and  the  said  five  members  shall  constitute 
the  Department  of  Elections  for  the  City  of  Wilmington. 


The  Department  of  Elections  for  the  City  of  Wilmington 

of. 


so  constituted  as  aforesaid,  shall  have  a  full  and  complete  jur-  Ju^'sdiction 
isdiction  over  all  and  every  the  matters  and  things  now  vested 
by  law  in  the  Department  of  Elections  for  the  City  of  Wil- 
mingion,  as  at  present  constituted,  and  shall  exercise  every 
power,  privilege,  right  and  duty  which  now  belongs  to  the  said 


1.  The  terms  of  office  of  all  members  of  the  Department  of  Elections 
are  now  six  years.  See  Act  of  March  9,  1907.  24  D.  L.  p.  153.  (p.  341  of 
this  volume.) 


340 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Department  of  Elections  for  the  City  of  Wilmington,  as  fully 
and  completely  as  the  said  Department  of  Elections  now  by 
law  is  authorized  to  do. 


Organiza- 
tion of. 


To  make 
rules  for 
government. 


Sec.  6.  That  the  Department  of  Elections  for  the  City  of 
Wilmington,  so  constituted  as  aforesaid,  shall  meet  for  organi- 
zation on  the  first  Tuesday  in  April,  A.  D.  1901,  and  after  tak- 
ing the  oath  of  office  prescribed  by  the  Constitution  of  the 
State,  shall  proceed  to  elect  one  of  their  number  to  be  the 
president  of  the  Department  and  shall  also  elect  a  clerk. 
Three  members  shall  be  sufficient  for  the  purpose  of  organiza- 
tion and  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. The  said  Department  shall  have  the  power  to  make  rules 
for  its  government  not  inconsistent  with  the  Constitution  and 
Laws  of  the  State. 


Sec.  7.  That  it  shall  be  the  duty  of  the  present  Depart- 
ment of  Elections  for  the  Cit.v  of  Wilmington,  and  every  mem- 
ber thereof,  and  everv  officer,  clerk  or  agent  thereof,  and  every 

All  records,  .         "^  . 

books,  pa-      other  person  having  possession  or  control  of  anv  records,  books, 

pers,  &c..  to  ^  ^  ^  ^  „  ^      .  "  \        .  ■, 

be  delivered  papers,  or  Other  property  oi  or  relating  to  or  connected  with 

to  president.  ^  .\       '  ^   ^^^,   -^  .  .  n-        i  n  , 

said  Department  oi  Elections,  immediatelj'  alter  the  organi- 
zation of  the  Department  created  by  this  Act,  to  surrender  and 
deposit  the  same  with  the  President  of  the  Department  elected 
pursuant  to  the  provisions  of  Section  6  of  this  Act,  or  with 
such  other  person  as  the  said  President  shall  order  and  direct. 
And  in  case  the  said  members,  officer,  clerk  or  any  other  person 
having  possession  as  aforesaid,  shall  neglect  or  refuse  on  de- 
mand of  the  said  President  to  be  elected  as  aforesaid,  to  deliver 
up  and  surrender  any  of  such  records,  books,  papers  or  other 
property  as  aforesaid,  each  and  every  person  neglecting  or  re- 
fusing as  aforesaid,  shall  be  guilty  of  a  misdemeanor  and  upon 
conviction  thereof,  shall  forfeit  and  pay  a  fine  of  five  hundred 
^fusaif  ^°^  dollars,  and  be  imprisoned  for  a  term  of  one  year,  or  until  the 
said  records,  books,  papers  or  other  property  shall  be  delivered 
into  the  custodv  of  the  said  President. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  341 

Sec.  8.  That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with or  manifesth'  superseded  hereby,  be  and  the  same  are 
hereby  repealed. 

Approved  March  8,  A.  D.  1901. 


^.V  ACT  Making  the  Terms  of  Office  of  all  Memljers  of  The  -'4  d.  l.  153. 
Department  of  Elections  for  the  City  of  Wilmington,  Itere- 
after  Appointed  to  said  Office  for  Full  Terms  under  Chap- 
ter 70,  Volume  22,  Laws  of  Delaware,  Six  Years. 

Section  1.    That,  from  and  after  the  approval  of  this  Act,  Terms  of  of- 

^^  ^  .  _,,         fice  of  De- 

the  terms  of  office  of  all  members  of  The  Department  of  Elec-  partment  of 

.  .      Elections  of 

tions  for  the  City  of  Wilmington,  hereafter  appointed  to  said  Cityof  wii- 
office  for  full  terms,  under  Chapter  70,  Volume  22,  Laws  of  made  six 
Delaware,  shall  be  six  years,  and  said  appointments  shall  be ' 
so  made:  provided,  however,  that  all  appointments,  hereafter 
made  to  said  office  under  said  Chapter  70,  Volume  22,  Laws  of 
Delaware,  to  fill  vacancies  therein,  shall  be  made  for  the  resi- 
due of  the  then  unexpired  term.^ 

Sec.  2.    That  all  provisions  of  law  inconsistent  herewith, 
be  and  the  same  are  hereby  repealed. 

Approved  March  9,  A.  D.  1907. 


AN  ACT  to  provide  for  the  Purity  of  Primary  Elections  in 

'■  '  "^      '  "^  20  D.  L.  37 

New  Castle  County. 

Section  1.  A  primary  election  within  the  meaning  of  e/e^j^'i^ 
this  act  is  an  assemblage  of  voters  who  are  members  of  any  defined. 
political  party,  organization  or  association  duh'  convened  for 
the  purpose  of  nominating  a  candidate  or  candidates  for  pub- 
lic office,  or  for  the  purpose  of  selecting  delegates  or  represent- 
atives to  any  political  convention  thereafter  to  be  held  for  the 
purpose  of  selecting  candidates  as  aforesaid,  which  at  the  last 
general  election  before  the  primary  election  polled  at  least  ten 


1.     This  Act  amends  the  Act  of  March  8,  1901,  22  D.  L.  p.  117,  Sec.  3. 
See  p.  339  of  this  volume. 


342 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


per  centum  of  the  entire  vote  of  the  State,  or  any  division  or 
sub-division  thereof,  for  Avhieh  the  nominations  are  made. 


To  be  by 
ballot. 


Throughout 
county  at 
same  time. 


No  two 
parties  on 
same  day. 


Not  more 
than  two 
days  for 
each  party. 


To  be  held 
by  board  of 
election. 


How  com- 
posed and 
appointed. 


Sec.  2.  That  all  primary  elections  hereafter  to  be  held  by 
any  political  party,  organization  or  association,  for  the  purpose 
of  nominating  or  selecting  candidates  to  be  voted  for  at  any 
subsequent  election,  or  for  the  purpose  of  selecting  delegates 
or  representatives  to  any  political  convention  thereafter  to  be 
held  for  the  purpose  of  selecting  candidates  as  aforesaid,  shall 
be  by  ballot.  The  primary  election  for  any  political  party,  or- 
ganization or  association,  for  the  nomination  of  the  same  class 
of  candidates  to  be  voted  for  at  any  subsequent  election,  or  for 
the  selection  of  delegates  or  representatives  to  any  political 
convention  thereafter  to  be  held  for  the  purpose  of  selecting 
candidates  as  aforesaid,  shall  be  held  in  the  several  hundreds 
at  the  same  time.  Notice  of  the  time  and  places  for  holding  all 
primary  elections  shall  be  given  by  publishing  the  same  once 
each  day  for  at  least  five  days  before  the  time  of  holding  the 
same,  in  one  or  more  daily  newspapers  printed  in  New  Castle 
County.  No  two  political  parties,  organizations  or  associations 
shall  hold  their  primary  election  on  the  same  day.  The  num- 
ber of  days  that  shall  be  allowed  for  holding  primary  elections 
to  nominate  persons  to  be  voted  for  at  a  general  election  and  to 
nominate  persons  to  be  voted  for  at  municipal  elections  in  the 
City  of  Wilmington,  shall  not  exceed  two  for  each  political 
party,  organization  or  association  in  any  one  year. 

Sec.  3.  That  every  primary  election  hereafter  to  be  held 
by  any  political  party,  organization  or  association  for  the  pur- 
pose of  nominating  or  selecting  candidates  by  ballot  to  be 
voted  for  at  any  subsequent  election,  or  for  the  purpose  of  se- 
lecting delegates  or  representatives  to  any  political  convention 
thereafter  to  be  held  for  the  purpose  of  selecting  candidates  as 
aforesaid,  shall  be  held  by  a  Board  of  Election  officers  consist- 
ing of  one  inspector,  who  shall  be  a  .judge  and  the  presiding 
officer,  and  two  other  judges  at  each  voting  precinct ;  and  if  it 
should  so  happen  that  but  one  person  as  presiding  officer  or 
judge  should  have  been  appointed  by  such  political  party,  or- 
ganization or  association  to  hold  such  primary  election,  or  hav- 


ACTS  OP  THE  GENERAL   ASSEMBLY.  343 

ing-  been  appointed  and  being-  absent,  the  electors  there  present 
at  the  hour  appointed  for  opening  such  primary  election  shall 
proceed  without  ballot  to  choose  from  among  the  qualified 
voters  of  the  election  district  there  present  a  presiding  officer, 
judge  or  judges  as  the  case  may  require  and  in  choosing  such 
presiding  officer,  judge  or  judges,  two  qualified  voters  of  the 
district  to  be  nominated  and  appointed  by  the  electors  shall  be 
the  judge  or  judges. 

Sec.  4.    That  the  inspector  of  each  election  district  for  all  inspector. 
primary  elections  hereafter  held  in  New  Castle  county,  (out- 
side the  City  of  Wilmington)  under  the  direction  of  any  po- 
litical party,  organization  or  association  shall  be  the  person  who 
was  the  candidate  of  the  political  party,  organization  or  asso- 
ciation holding  such  primary  election  for  the  office  of  inspector 
at  the  general  election  next  preceding  such  primary  election ; 
provided,  that  in  cases  where  the  primary  election  is  held 
without  regard  to  the  division  of  any  hundred  into  election  dis- 
tricts for  general  election  purposes,  the  person,  who  was  the 
candidate  for  the  office  of  inspector  as  aforesaid,  for  the  elec- 
tion district  in  which  the  place  of  voting  at  such  primary  elec- 
tion is  situated  shall  be  the  inspector  of  such  primary  election. 
The  two  judges,  as  provided  by  Section  3  of  this  act,  shall  be 
appointed  by  the  regularly  organized  and  constituted  County  Appointment 
Committee  or  governing  authorit}^  of  the  political  party,  or-  °^  J"<^ses. 
ganization  or  association  holding  such  primarj'-  election.     The 
inspector  and  judges  of  all  primary  elections  hereafter  held  in  and^udge.s 
the  City  of  Wilmington  shall  be  appointed  by  the  regularly  or-  mi^ton. 
ganized  and  constituted  County  Committee  or  governing  au- 
thority of  the  political  party,  organization,  or  association  hold- 
ing such  primary  election,  from  the  persons  designated  to  con- 
duct the  next  subsequent  general  election.     The  term  of  office  ^^'^^  °^ 
of  said,  inspectors  and  judges  shall  be  for  one  year.    Said  com- 
mittee or  governing  authority  shall  designate  which  person 
shall  act  as  inspector,  and  which  persons  shall  act  as  judges  of 
such  primary  elections.     The  persons  so  appointed  shall  be 
residents  of  the  primary  election  district  for  Avhich  they  are  uons!*^^^' 
appointed.    In  all  cases  when  primary  election  officers  are  ap- 


344 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


Vacancy. 


Primary 
election  of 
party  not 
having'  an 
inspector. 


Refusal  of 
appointee 
to  act. 


Penalty. 


How  recov 
ered. 


What 
deemed  re- 
fusal. 


podnted  as  herein  provided,  representations^  of  the  interest  of 
each  candidate  shall  be  as  nearly  equally  divided  as  possible  as 
to  the  board  of  election  officers.  If  any  person  designated  in 
this  section  to  be  inspector  of  any  primary  election  shall  die, 
remove  from  his  primary  election  district,  or  be  for  any  rea- 
son physically  unable  to  attend  in  his  i:)rimary  election  dis- 
trict at  any  primary  election  held  by  his  political  party,  or- 
ganization or  association,  then  the  regularly  organized  and 
constituted  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  such  pri- 
mary election  shall  appoint  an  inspector  to  fill  the  vacancy 
thereby  created.  If  any  political  party,  association  or  or- 
ganization desires  to  hold  a  primary  election  for  the  purpose 
of  nominating  candidates  for  public  office,  and  there  is  no 
recognized  member  of  said  political  party,  association  or  or- 
ganization among  the  persons  designated  in  this  act  to  serve 
as  inspectors  and  judges  of  such  primary  elections,  or  not  a 
sufficient  number  of  recognized  members  for  said  purpose, 
then  the  regularly  organized  and  constituted  County  Com- 
mittee or  governing  authority  of  such  political  party,  asso- 
ciation or  organization  shall  appoint  the  inspector  and 
judges  to  hold  such  primary  election.  In  case  of  refusal  or 
neglect  on  the  part  of  any  person  designated  by  this  act  or 
appointed  pursuant  to  the  provisions  hereof  to  be  an  inspec- 
tor or  judge,  as  the  ease  may  be,  of  any  primary  election,  to 
qualif}"  according  to  the  requirements  of  this  act,  or  to  serve, 
or  to  act,  he  shall  be  liable  to  a  penalty  of  two  hundred  dol- 
lars, recoverable  by  the  County  Treasurer  of  New  Castle 
Count}",  by  civil  action  in  any  court  of  record,  in  the  name 
of  the  County  Treasurer  and  for  the  use  and  benefit  of  New 
Castle  County;  and  the  failure  on  the  part  of  any  such  per- 
son to  comply  with  any  of  the  requirements  of  this  act,  pre- 
liminary to  opening  the  polls,  or  to  attend  on  the  day  of  any 
primary  election  during  his  term,  unless  prevented  by  sick- 
ness or  other  sufficient  cause,  the  burden  of  proof  of  which 
shall  be  upon  the  delinquent,  shall  be  deemed  a  refusal  with- 
in the  meaning  of  this  act.     The  election  officers  whose  ap- 


So   enrolled. 


ACTS  OF   THE  GENERAL   ASSEMBLY.  345 

pointment  is  provided  for  in  this  section,  shall  be  appointed  appointed 
at  least  two  weeks  before  such  primary  election  is  to  be  held. 

Sec.  5.    That  before  opening  the  election   the  presiding  Oatn  of 

'~~  officci's. 

officers  and  judges  shall  each  take  and  subscribe  an  oath  ac- 
cording to  the  following  form,  viz. :    I  do  solemnly  swear  (or 

affirm)  that  in  the  primary  election  to  be  held  on  the 

day  of A.  D ,1  will  not  knowingly  or 

wilfully  receive  or  consent  to  the  receiving  of  the  vote  of 
any  alien,  and  also  that  I  will  not  receive  or  consent  to  the 
receiving  of  the  vote  of  any  person  whom  I  shall  believe  not 
entitled  to  vote,  unless  my  associates  shall  adjudge  such  per- 
son to  be  entitled  to  vote.  That  I  will  not  receive  or  reject, 
nor  concur  in  receiving  or  rejecting  any  vote  through  par- 
.tiality  or  under  bias  and  that  I  will  determine  ever}'  matter 
that  shall  come  before  me  and  perform  every  act  and  duty 
by  law  required  of  me,  touching  the  said  primary  election, 
truly,  faithfully  and  impartially,  according  to  the  best  of  my 
skill  and  judgment;  that  I  will  cause  the  ballots  that  shall 
be  taken  at  said  primary  election  to  be  fully  read  and  ascer- 
tained, and  a  true  statement  thereof  to  be  made,  according 
to  the  best  of  my  knowledge  and  abilitj' ;  that  I  have  not  re- 
ceived, nor  will  not  receive  directly  or  indirectly  from  or 
through  any  candidate  to  be  voted  for  at  said  primary  elec- 
tion, or  any  representative  of  any  such  candidate  or  other 
person,  any  money,  pay,  or  other  valuable  thing  or  reward; 
that  I  have  not  been  promised,  or  in  any  manner  been  led  to 
believe  that  I  will  at  any  time  directly  or  indirectly  receive 
any  money,  pay,  or  other  valuable  thing  or  reward  from  such 
candidate  or  representative  of  such  candidate  or  other  per- 
son other  than  that  provided  by  this  act,  and  if  I  shall  dis- 
cover any  partiality,  unfairness  or  corruption  in  the  con- 
ducting of  the  said  primary  election,  I  shall  disclose  the  same 
to  the  executive  authority  that  shall  have  directed  the  hold- 
ing of  the  said  primary  election,  and  to  the  Attorney  Gen- 
eral, to  the  end  that  the  subject  may  be  investigated,  so  help 
me  God  (or  so  I  solemnly  affirm).  («) 

(a)  In  the  case  cited  below,  the  defendant  objected  to  the  above 
oath  being  put  in  evidence,  on  the  ground  that  the  oath  contained  in  Art. 
14  of  the  Constitution  -uas  the  only    legal    oath    to    be  taken ;   in  other 


346 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Clerks. 


Oaths. 


words  Art.  14  of  the  Constitution  rei^ealed  Sec.  5  of  the  above  Act.  The 
Court  admitted  the  oath  (Sec.  5)  in  evidence,  v\ithout  deciding  the  ques- 
tion.  (420-422.) 

* '  The  oath  which  the  •primary  election  law  provides  shall  be  admin- 
istered to  election  officers,  is  admissible  in  evidence  although  it  is  not  the 
oath  which  the  Constitution  provides  shall  be  administered  to  public  of- 
ficers. ' ' 

State  vs.  Matlack  et  al,  5  Penn.  401  at  402.   (yr.  1905)     (Syllabus.) 

See  Sec.  5,  "a"  of  this  Act. 

Sec.  6.  That  each  of  the  said  judges,  after  being  duly 
qualified,  shall  choose  one  clerk  of  the  primary  election  to  be 
held,  to  whom  the  presiding  officer  or  one  of  the  judges  who 
is  hereby  authorized  to  administer  the  same,  shall  on  the  day 
of  such  primary  election  administer  the  oath  or  affirmation, 
which  shall  be  subscribed  as  follows,  viz :  I  do  solemnly 
swear  (or  affirm)  that  as  clerk  of  this  primary  election  to  be 
this  day  held,  I  will  not  use  or  assent  to  any  falsehood,  fraud 
or  deceit,  and  that  I  will  keep  the  polls  and  perform  my  du- 
ties truly,  faithfully  and  impartially,  so  help  me  God  (or  so 
I  solemnh'  affirm). 


Qualifier  of 
primary 
election  of- 
ficers. 


Duties. 


Sec.  7.  That  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  any  political 
party,  organization  or  association  holding  such  primary  elec- 
tion shall,  at  any  time  within  ten  days  of  the  day  that  the 
first  primary  election  is  held  in  each  year  of  a  general  elec- 
Appointment  tiou,  appoint  ouc  pcrson  for  each  Levy  Court  district  in  New 
Castle  county  as  a  Qualifier  of  Primary  Election  Officers, 
whose  duty  it  shall  be  to  administer  to  the  inspectors  and 
judges  of  the  primary  elections  held  in  their  respective  dis- 
tricts the  oath  or  affirmation  prescribed  in  Section  five  of 
this  act,  and  shall  deliver  to  the  chairman  of  the  committee 
or  governing  authority  appointing  him  the  oaths  or  affirma- 
tions subscribed  by  the  inspectors  and  judges  as  aforesaid, 
on  or  before  twelve  o  'clock  noon  on  the  day  previous  to  such 
primary  election.  Each  person  so  appointed  shall,  upon  the 
certification  by  the  chairman  of  the  committee  or  governing 
authority  appointing  him,  that  such  person  has  performed 
the  duties  required  of  him  by  this  act.  be  paid  by  the  Levy 
Court  of  the  county  in  which  he  shall  reside  the  sum  of  ten 

Compensa-       t    n 

tion.  dollars. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  347 

In  case  any  inspector  or  judge  is  chosen  by  the  electors  o^*(l^,?^p. 
present  at  the  time  of  opening  the  primary  election,  pursu-  JJaj"orliec- 
ant  to  Section  three  of  this  act,  the  oath  («)  or  affirmation  pre-  tion. 
scribed  in  Section  five  of  this  act  shall  be  administered  to  the  ^fj^g^^;^^^ 
inspector  or  jndge  so  chosen  by  any  officer  of  primary  elec- 
tions there  present  who  has  been  qualified  by  the  Qualifier 
of  Primary  Election  Officers,  the  said  officer  being  hereby  em- 
powered to  administer  said  oath  or  affirmation;  and  in  case 
there  is  no  such  qualified  officer  there  present  the  said  oath 
or  affirmation  shall  be  administered  to  the  judges  by  the  pre- 
siding officer,  and  by  one  of  them  to  him,  each  of  whom  are 
hereby  empowered  and  directed  to  administer  such  oaths  or 
affirmation. 

(a)    See  Sec.  5,  j).  345  of  this  volume.     And  see  the  case  of 
State  vs.  Brand,  2  Marv.  459  at  462.  (yr.  1897) 

Sec.  8.    The  person  appointed  Qualifier  of  Primary  Elec-  oath  of 
tion  Officers,  pursuant  to  the  provisions  of  Section  seven  of  fi^^i'^*^''- 
this  act.  shall  within  two  days  after  the  appointment  and  be- 
fore entering  upon  his  duties,  take  and  subscribe  an  oath  (or 
affirmation)  according  to  the  following  form,  viz: 

I  do  solemnly  swear  (or  affirm)  that,  as  Qualifier  of  Pri- 
mary Election  Officers,  I  will  not  use  or  assent  to  any  false- 
hood, fraud  or  deceit,  and  that  I  will  perform  my  duties 
truly,  faithfully  and  impartially,  so  help  me  God,  (or  so  I 
solemnly  affirm). 

The  oath  or  affirmation  prescribed  in  this  section  shall  Hp'^fi,'^"'''^- 

^  _  istered. 

be  administered  b}^  the  chairman  of  the  regularly  organized  chairman  of 
and  constituted  County  Committee  or  governing  authority  mlttee^may^' 
of  the  political  party,  organization  or  association  for  which  certain^^*'^ 
said  Qualifier  of  Primary  Election  Officers  was  appointed,  o^t^s. 
The  said  chairman  is  hereby  empowered  and  directed  to  ad- 
minister oaths  and  affirmation  pursuant  to  the  provisions  of 
this  act.     Any  person  appointed  Qualifier  of  Primary  Elec-  quaimlr^to 
tion  Officers  who  shall  fail  to  qualify  as  aforesaid,  shall  upon  ^^^^  °^^^- 
conviction  therefor,  be  adjudged  guilty  of  a  misdemeanor.  ^e|no', 
and  shall  be  punished  for  each  such  offence  by  a  fine  not  ex-  punishment, 
ceeding  one  hundred  dollars. 


348  acts  of  the  general  assembly. 

Sfo    9  #*#**#*** 

re^s^tration  ^^^-  ^^-    That  the  time  for  the  ascertainment  and  regis- 

mh^ton  tration,  pursuant  to  the  provisions  of  Chapter  thirty-nine 
Volume  nineteen,  Laws  of  Delaware,  of  the  persons  residing 
in  the  City  of  Wilmington  who  are  or  may  become  qualified 
to  enjoy  the  right  of  an  elector  at  the  general  election,  shall 
hereafter  be  on  three  successive  Saturdays,  beginning  with 
the  second  Saturday  in  August  next  preceding  the  general 
election,  and  on  the  third  Saturday  in  the  October  next  pre- 
fer wn^-^'^^  ceding  the  general  election^^  That  the  inspectors  of  election 
pointed"  ^^''  for  the  City  of  Wilmington  shall  hereafter  be  appointed  by 
the  Department  of  Elections  for  said  city  in  the  month  of 
June  in  each  year  in  which  a  general  election  is  held. 

Voting  books         Sec.  11.    That  the  Sheriff  of  New  Castle  county  shall,  in 

of  qualified  ''  ' 

voters  for       addition  to  the  registers  and  things  he  is  now  required  by 

primary  '^  '^  '  . 

elections        i^w  to  furnish  to  the  registrar  of  each  hundred  or  election 

outside  of  ° 

Wilmington,  district  of  his  county  (outside  of  the  City  of  Wilmington), 
hereafter,  before  the  first  day  of  any  registration  of  voters 
of  said  county  (outside  of  the  Cit}^  of  Wilmington)  made  un- 
der the  provisions  of  Chapter  thirty-eight,  Volume  nineteen, 
Laws  of  Delaware,  as  amended  by  this  act,  prepare  and  fur- 
nish two  books  for  each  of  said  registrars  in  New  Castle 
county  (outside  of  the  City  of  Wilmington)  to  be  known  by 
the  name  of  "Voting  Books  of  Qualified  Voters  for  Primary 
Elections,"  for  alphabetical  lists  of  all  persons  whose  names 
may  be  entered  on  the  registers  pursuant  to  Chapter  thirty- 
eight.  Volume  nineteen.  Laws  of  Delaware.  Said  books  shall 
be  ruled  in  parallel  coliunns  and  so  arranged  as  to  admit  of 

Entries.  tlic  Convenient  entry  in  alphabetical  order  of  the  name  of 
every  person  who  may  be  entered  on  the  register  aforesaid  as 
a  "qualified  voter"  or  "may  become  qualified  voter,"  and 
in  the  parallel  column  opposite  the  name  of  such  person  the 
following  particulars,  to  wit:     First,  his  residence;  second, 

1.  Act  of  May  27,  1898,  21  D.  L.  p.  69.  Sec.  2,  (pp.  301-302  of  this  volume) 
chang'es  registration  days  to  the  first  Saturday  in  August,  the  third  Sat- 
urday in  September  and  the  third  Saturday  next  preceding  the  day  of 
election.  The  time  of  revision  of  registration  for  Municipal  Elections  in 
Wilmington  is  the  fourth  Saturday  previous  to  the  day  of  election.  See 
Sec.  IS  of  this  Act,  as  amended,  p.  352  of  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  349 

his  color  ;^  third,  the  day  of  his  registration.  Said  books 
shall  contain  six  parallel  columns  for  the  entry  of  the  word 
"voted,"  together  with  the  date  of  voting.  When  any  reg- 
istrar or  board  of  registration,  at  any  of  the  sittings  herein- 
before provided,  shall  enter  in  his  register  the  name  of  any 
applicant  for  registration  as  a  "qualified  voter"  or  "may 
become  qualified  voter,"  he  shall  immediately  thereafter 
enter,  in  the  presence  of  such  applicant,  if  he  remains  in  at- 
tendance, in  its  proper  alphabetical  place  in  the  "Voting 
Book  of  Qualified  Voters  for  Primary  Elections"  hereinbe- 
fore provided  for,  the  name  of  such  applicant  and  also  his 
residence,  *  *  *  and  date  of  registration.  The  said 
two  "Voting  Books  of  Qualified  Voters  for  Primary  Elec- 
tions" shall  be  compared  and  certified  on  the  last  day  of  reg-  pared  an^' 
istration  in  the  month  of  August,  in  the  same  manner  and  by  how!^^*^' 
the  same  persons  as  now  required  by  vSection  fifteen  of  Chap- 
ter thirty-eight.  Volume  nineteen,  Laws  of  Delaware.  It 
shall  be  the  duty  of  the  registrar,  within  one  secular  day  af- 
ter the  certification  by  the  board  of  registration  as  herein 
required,  to  deliver  to  the  fSheriff  of  New  Castle  county,  Avho 
shall  safely  keep  the  same,  and  two  "Voting  Books  of  Quali-  eredto 
tied  Voters  for  Primary  Elections"  required  by  this  act. 

Sec.  12.    That  the  Department  of  Elections  for  the  City  Department 

'■  ''of  Elections 

of  Wilmington  shall,  in  addition  to  the  registers  and  things  to  furnish 

°  '  ^  '^     Voting 

they  are  now  required  by  law  to  furnish  to  the  inspectors  of  Books  of 

.....  ^  Qualified 

elections  m  said  citv,  hereafter,  before  the  first  day  of  any  voters  for 

p  "         „        .  »  ^    Primary 

registration  of  voters  of  said  city  made  pursuant  to  the  pro-  Elections  in 

^    /-Ni  T  •  •         \r-r   -,  .  '         -r  o  Wilmington. 

Visions  or  Chapter  thirty-mne.  Volume  nineteen,  Laws  oi 
Delaware,  as  amended  by  this  act,  prepare  and  furnish  to 
the  inspectors  of  elections  in  every  election  district  in  said 
city,  now  existing  or  hereafter  created,  two  "Voting  Books 
of  Qualified  Voters  for  Primary  Elections,"  said  books  being 
in  the  same  form  as  designated  in  Section  eleven  of  this  act.  Form. 
The  said  two  "Voting  Books  of  Qualified  Voters  for  Pri- 
mary Elections,"  shall  be  compared  bv  the  inspectors,  on  ^  ^ 

'■  '  ^  To  be  com- 

tlie  last  day  of  registration  in  the  month  of  August,  to  see  pared. 


1.     Amended.     See  Chapter  64,   Volume   22. 


350 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Corrections. 


Certificate. 


Verified  by 
oatli. 


Books  to  be 
delivered  to 
Department 
of  Elections. 


that  they  agree  with  each  other  iu  every  particular,  and  also 
with  the  register  to  see  that  every  name  entered  on  the  reg- 
ister as  a  "qualified  voter"  or  "may  become  qualified  voter" 
is  entered  in  its  proper  alphabetical  place  on  each  of  the  two 
"Voting  Books  of  Qualified  Voters  for  Primary  Elections," 
together  with  the  residence,  *  *  *  and  date  of  registra- 
tion. And  if  any  name  in  the  registers  which  ought  to  have 
been  entered  on  the  said  alphabetical  list  shall  have  been 
omitted  therefrom,  it  shall  be  the  duty  of  said  inspectors  to 
enter  such  name  in  its  proper  alphabetical  place  on  the  al- 
phabetical list,  together  with  the  proper  entries  as  they  ap- 
pear on  the  said  registers.  And  it  shall  be  the  further  duty, 
in  such  comparison  of  the  alphabetical  list  with  the  regis- 
ters, to  make  such  corrections  in  the  alphabetical  lists  as 
will  make  the  names  and  entries  appearing  on  the  alphabeti- 
cal lists  agree  with  the  same  names  and  entries  as  entered 
on  the  registers.  It  shall  be  the  duty  of  the  said  inspectors, 
immediately  after  their  last  sitting  in  the  month  of  August, 
to  append  to  each  of  said  alphabetical  lists  of  "qualified  vot- 
ers" contained  in  said  "Voting  Books  of  Qualified  Voters 
for  Primary  Elections"  a  certificate,  verified  by  the  oath  or 
affirmation  of  the  inspectors,  or  at  least  two  of  them,  that  the 
said  "Voting  Books  of  Qualified  Voters  for  Primary  Elec- 
tions" contain  a  complete  list  of  the  "qualified  voters"  and 
"may  become  qualified  voters"  of  said  Election  District  as 
the  same  are  entered  in  the  Registers  of  voters  of  such  elec- 
tion district.  After  said  two  "Voting  Books  of  Qualified 
Voters  for  Primary  Elections"  have  been  compared  and  cer- 
tified as  aforesaid,  the  said  inspectors  in  each  of  said  election 
districts  shall,  immediately  after  said  certification,  return 
the  same  to  the  said  Department  of  Elections. 


Department 
of  Elections 
to  compare 
and  correct 
books,  when. 


Person  hav- 
ing regis- 
tered twice 
to  be 
stricken  off. 


Sec.  13.  It  shall  be  the  duty  of  said  Department  of 
Elections  to  compare  and  correct  said  two  "Voting  Books  of 
Qualified  Voters  for  Primary  Elections,"  at  any  time  before 
the  day  the  first  primary  election  is  held  in  the  year  of  a 
general  election,  and,  when  it  shall  appear  by  any  date  in 
their  possession  that  any  person  has  registered  in  more  than 
one  election  district,  they  shall,  upon  due  inquiry,  strike  his 


ACTS  OF  THE  GENERAL  ASSEMBLY.  351 

name  from  the  said  "Voting  Books  of  Qualified  Voters  for 
Primary  Elections"  of  any  and  all  election  districts  in  which 
he  is  not  a  "qualified  voter,"  and  shall,  opposite  his  name, 
state  the  reason  therefor.  Said  two  "Voting  Books  of  Qual- 
ified Voters  for  Primary  Elections,"  in  each  election  district 
of  the  City  of  Wilmington,  shall  be  preserved  and  delivered  ^f^books!°" 
by  said  Department  of  Elections  as  hereinafter  prescribed 
and  directed. 

Sec.  11.     That  from  and  after  the  first  day  of  June,  A.  Terms  of 

office  of  in- 

D.  1898,  the  terms  and  powers  of  office  of  the  inspectors  of  specters  in 

^  .      Wilmington 

elections  for  the  Citv  of  Wilminston,  who  shall  then  be  m  terminated 

after  June 

office,  shall  be  and  the  same   are   hereby   declared  to  be  ter- 1, 189S. 
minated  and  ended. 

Sec.  15.     That  the  division  of  the  City  of  Wilmington  ^j^^il^'j^'^tm, 
into  election  districts,  as  is  directed  by  sub-division  one  of  jo^i^e'bv'^^ '*^^^ 
Section  three  of  Chapter  thirty-nine.  Volume  nineteen.  Laws  J""®  ^■ 
of  Delaware,  shall  hereafter  be  made  on  or  before  the  first 
day  of  June  instead  of  on  or  before  the  first  day  of  Septem- 
ber, as  therein  provided.^ 

Sec.  16.     Every  inspector  of  any  primary  election,  poll  omcer  of 
clerk,  or  other  officer  or  person  having  the  custody  of  any  |{|aiin°-  &c 
"Voting  Book  of  Qualified  Voters  for  Primary  Elections, "  f^J^^^^^jt^o^.^' 
oath,  return  of  votes,  certificate,  poll  list,  or  any  paper,  docu- 
ment, or  evidence  of  any  description  in  this  act  directed  to 
be  made,  filed  or  preserved,  who  is  guilty  of  stealing,  wil- 
fully destroying,  mutilating,  defacing,  falsifying  or  fraudu- 
lently removing  or  secreting  the  whole  or  any  part  thereof, 
or  who  shall  fraudulently  make  any  entry,  erasure  or  altera- 
tion («)  therein,  except  as  allowed  and  directed  by  the  provis- 
ions of  this  act,  or  who  permits  any  other  person  to  do  so 
shall,  upon  conviction  thereof,  be  adjudged  guiltv  of  a  mis-  Misde- 

^  '  .J       !?         o         ^  meaner. 

demeanor  and  shall  be  punished  for  every  such  offence  by 
imprisonment  in  the  county  jail  for  a  period  not  exceeding  Punishment. 


1.     See  note  to  this  section,  viz  Sec.  3.   subdivision  one  of  above  Act, 
p.  331  this  volume. 


352  ACTS  OF  THE  GENERAL  ASSEMBLY. 

two  years,  or  by  a  fine  of  not  more  than  two  hundred  dollars, 
or  both.^ 

(fl)  These  books  in  a  Court  of  law  are  the  best  evidence  of  one's 
right  to  vote,  but  one  can  be  asked  the  question  whether  or  not  he  voted, 
without  the  books  having  to  be  produced. 

State  vs.  Matlack,  5  Penn.  401  at  402.  (yr.  1905)     (Syllabus.) 

Officer  com-  Sec.  17.     EverA'  person  not  an  officer,  such  as  is  men- 

mitting  or  .  .  '  . 

advising.        tioned  in  the  last  preceding  section,  who  is  guilty  of  any  of 

&c..  com-  .^,..,.  &J  J 

mission  of      the  acts  Specified  m  said  section,  or  who  advises,  procures  or 

wrongful  ^  ■      ■  n     ^  c  1 

acts.  abets  the  commission  oi  the  same,  or  any  of  them,  shall,  upon 

Misde-^  conviction  thereof,  be  adjudged  guilty  of   a    misdemeanor, 

and  for  every  such  offence  shall  be  punished  by  imprison- 
Punishment.  mcnt  in  the  county  jail  for  a  period  not  exceeding  two  years, 

or  by  a  fine  of  not  more  than  two  hundred  dollars,  or  both.^ 

Act^of^March  ^^^'-  '^^-     [That  the  time  for  holding  any  primary  elec- 

o'l^^sIs'^     tion  shall  be  after  the  first  day  of  registration  in  the  month 
Time  for        of  August,  for  the  eusuiug  general  election,  and  the  time  for 

holding  pri-     .     ,  ,.  .  ,         .  •        i       /-w-  c-  -.-tt-i 

maryeiec-  holding  primary  elections  m  the  City  ot  Wilmington  to  nom- 
inate candidates  to  be  voted  for  at  a  municipal  election  shall 
be  in  the  month  of  May  after  the  day  for  the  revision  of  the 

Time  for  re-  registration  of  voters.    The  time  for  the  revision  of  the  reg- 

Vision  of  .  .  ,,  •  i  /-i-  />    -nr-i        •  (»  -n  r  •     •         1 

registration    istratiou  ot  votcrs  in  the  City  ot  \\  ilmmgton  lor  Municipal 
mington.        election  shall  be  and  the  same  is  hereby  made  the  fourth  Sat- 
urday previous  to  the  day  set  for  holding  the  election  for 

municipal  officers  in  the  said  city.  The  members  of  the  De- 
Department  .  1         /-■•  P    -T-i-r-l       •  •  T  T 

of  Elections,  partmcnt  01  Elections  lor  the  City  ot  W  ilmmgton,  m  addi- 
Duties  of  ^ion  to  the  duties  now  required  of  them  by  law,  shall  de- 
mand of  the  Clerk  of  the  Peace  of  New  Castle  County  be- 
tween the  fifth  and  tenth  of  April  of  any  year  in  which  a 
municipal  election  is  held,  and  it  shall  be  the  duty  of  the 
said  Clerk  of  the  Peace,  to  deliver  to  the  said  Department  of 
Elections  for  the  City  of  Wilmington,  within  two  days  after 
said  demand,  the  original  "Voting  Books  of  Qualified  Vot- 
ers" and  "Kegisters"  for  all  the  election  districts  in  the 
City  of  Wilmington ;  and  it  shall  be  the  duty  of  the  Depart- 


1.  See  Act  May  1.3.   1891.  19  D.  L.  p.   154.   Sec.   40.    (p.   296  of  this  vol- 
ume.) 

2.  See  Sec.   41  of  above  Act,  p.   297   of  this  volume. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  353 

ment  of  Elections  for  the  City  of  Wilmington  to  revise  and 
prepare  the  "Voting  Books  of  Qualified  Voters"  as  provided 
for  General  Elections,  and  all  persons  and  only  they  whose 
names  appear  on  the  said  "Voting  Books  of  Qualified  Vot- ^^^°^^'^j_ 
ers"  («)  shall  be  entitled  to  vote  at  a  primary  election  to  nomi-  J^ary'^eiec- 
nate  candidates  to  be  voted  for  at  the  subsequent  municipal  '^ion- 
election  in  the  City  of  Wilmington,  nor  shall  any  person 
whose  name  is  on  the  said  "Voting  Books  of  Qualified  Vot- 
ers" be  disqualified  from  voting  at  the  municipal  election  or 
be  compelled  to  re-register  because  of  the  fact  that  he  failed 
to  vote  at  the  previous  general  election.    The  time  for  open-  ^j^^^  ^^^ 
ing  the  polls  for  the  purpose  of  conducting  the  primary  elec-  p^i®g_^"^ 
tion  under  the  provisions  of  this  Act  shall  be  one  o'clock  in 
the  afternoon,  and  the  time  for  closing  the  polls  at  such  pri-  c/c^ing-?^ 
mary  election  shall  be  seven  o'clock  in  the  evening.] 

Sec.  19.   [That  whenever  a  political  partj',  organization  or  Amendment, 

^.  ,111  •  i-'p  1  -A-ct  of  March 

association  desires  to  hold  a  primary  election  tor  the  purpose  24, 1903,  22 
mentioned  in  Section  2  of  Chapter  393,  the  chairman  or  sec-  Notice  of  de- 
retary  of  the  regularly  organized  and  constituted  county  or  primary °^*^ 
city  committee    or    governing    authority    of    such-  political  ^i'?ction. 

''  &  o  J  Jr'  Chairman  or 

party,  organization  or  association,  shall  notify  by  letter  the  secretary  of 

.  .  .  J       J  political 

respective  parties  having  the  custody  of  the  "Voting  Books  party  to  no- 
of  Qualified  Voters  for  Primary  Elections"  or  the  "Voting  dians  of 

T  r-     1  voting  books, 

Books  of  Qualified  Voters     in  this  Act  and  in  Chapter  393,  etc. 
Volume  20,  Laws  of  Delaware,  provided,  of  their  intention 
of  holding  a  Primary  election,  stating  the  day  on  which  they 
desire  the  election  held,  which  notification  shall  be  at  least 

'  Notification 

two  weeks  prior  to  the  time  for  holding  such  primary  elec-  —two  weeks 
tion.  If  no  previous  notice  shall  have  been  received  by  the  election, 
said  parties  from  no  other  political  party  of  its  intention  to 
hold  a  primary'  election  on  that  day,  the  said  party  shall,  on 
or  before  twelve  o'clock  of  the  day  for  holding  such  primary 
elections  for  that  political  party,  organization  or  association, 
deliver  the  two  "Voting  Books  of  Qualified  Voters  for  Pri-  ^  ,. 

"^  ^  Delivery  of 

mary  Elections"  provided  for  in  Chapter  393,  Volume  20,  voting  books. 
Laws  of  Delaware,  in  case  of  a  County  Primary  Election,  or 
the  two  "Voting  Books  of  Qualified  Voters"  in  case  of  a  mu- 


354 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Duty  of 
inspectors. 


Neglect. 


Misde- 
meanor. 


Penalty. 


nicipal  primary  election,  for  each  general  district  that  may 
be  contained  in  the  primary  election  in  the  hundred  or  elec- 
tion district  of  the  County  or  of  the  City  of  Wilmington  to 
which  such  ''Voting  Books  of  Qualified  Voters  for  Primary 
Elections"  or  "Voting  Books  for  Qualified  Voters"  shall 
apply.  And  it  shall  be  the  duty  of  the  said  inspector  to  have 
the  same  at  the  place  of  holding  the  primary  election  at  the 
time  of  opening  the  polls  on  primary  election  day.  If  any  in- 
spector shall  refuse,  neglect  or  fail  to  have  the  said  "Voting 
Books  of  Qualified  Voters  for  Primary  Elections"  at  the 
place  of  holding  the  primary  elections  for  any  general  or 
special  election  in  the  County,  or  the  "Voting  Books  for 
Qualified  Voters,"  at  the  place  of  holding  the  primary  elec- 
tion for  any  municipal  election  in  the  City  of  Wilmington, 
at  the  time  designated  in  this  Act,  he  shall,  upon  conviction 
therefor,  be  adjudged  guilty  of  a  misdemeanor,  and  shall  be 
punished  for  each  such  offense  by  imprisonment  in  the 
county  jail  for  a  period  not  exceeding  ninety  days,  or  by  a 
fine  not  exceeding  one  hundred  dollars,  or  both.] 


Method  of 

receiving 

votes. 


Amendment. 
Act  of  March 
24.  1903,  22 
D.  L.  p.  595. 
Voters  to 
vote  at  the 
primary 
election  of 
only  one  po- 
litical party. 


Sec.  20.  The  qualification  of  electors  under  this  act  shall 
be  such  as  the  political  party,  organization  or  association  au- 
thorizing such  election  may  prescribe  and  publish,  and  in  de- 
fault of  any  prescribed  or  published  rule,  the  past  usages  of 
such  political  party  or  organization  shall  be  recognized  and 
adopted,  and  ignorance  of  such  past  usages  shall  be  no  defence 
against  any  of  the  penalties  of  this  act.  As  each  person  shall 
apply  to  vote  at  any  primary  election, 

[For  any  general  or  special  election  in  the  county,  the  offi- 
cers thereof  shall  examine  the  "Voting  Books  of  Qualified 
Voters  for  Primary  Elections"  provided  by  Chapter  393,  Vol- 
ume 20,  Laws  of  Delaware,  and  as  each  person  shall  apply  to 
vote  at  any  primary  elections  held  for  any  municipal  election, 
the  officer  thereof  shall  examine  the  "Voting  Books  of  Quali- 
fied Voters"  provided  by  this  Act,  and  if  they  find  thereon  the 
name  of  the  person  applying  to  vote  and  be  satisfied  that  he  is 


ACTS  OF  THE  GENERAL  ASSEMBLY.  355 

the  peraon  whose  name  is  so  registered,  they  shall  enter  the 
word  "voted"  after  his  name  and  such  voter  shall  not  be  per- 
mitted to  vote  at  any  succeeding  primary  election  held  for  that 
particular  election,  by  any  other  political  party,  organization 
or  association.     The  entry  of  the  word  "voted"  as  aforesaid 
shall  be  in  such  a  manner  as  to  indicate  at  what  party  primary 
election  the  voter  has  voted.    No  person  whose  name  is  not  con-  tlon^of*^^" 
tained  in  the  "Voting  Books  of  Qualified  Voters  for  Primary  "^'oters. 
Elections, ' '  shall  be  allowed  to  vote  or  participate  in  any  pri- 
mary election  for  au^y  general  or  special  county  election  here- 
inafter held,  aud  no  person  whose  name  is  not  contained  in  the 
"Voting  Books  of  Qualified  Voters"  shall  be  allowed  to  vote 
or  participate  in  any  primary  election  for  any  municipal  elec- 
tion hereafter  held.    It  shall  be  the  duty  of  the  inspector  with-  inspectors 
m  two  days  after  the  day  of  the  primary  election  to  return  the  books^to^ 
said  "Voting  Books   of   Qualified  Voters   for  Primary  E lee- ^^f;\°*  "'^ 
tions"  or  "Voting  Books  of  Qualified  Voters,"  used  by  him  at 
any  primary  election,  to  the  person  or  persons  from  whom  he 
received  the  same,  who  shall  preserve  them,  and  in  case  of  the 
"Voting  Books  of  Qualified  Voters,"  within  ten  days  after 
they  have  been  returned  to  the  Department  of  Elections  for 
the  City  of  Wilmington,  the  said  Department  shall  deliver  the 
said  Books  and  Registers  to  the  Clerk  of  the  Peace  of  New 
Castle  County,  taking  from  them  a  receipt.     If  any  inspector 
shall  neglect,  refuse  or  fail  to  return  said  "Voting  Books"  as  duty.^° 
directed  in  this  section,  the  said  inspector  so  neglecting,  fail- 
ing or  refusing  shall,  upon  conviction  therefor,  be  adjudged 
guilty  of  a  misdemeanor  and  shall  for  everj^  such  offense  bcmeanor. 
punished  by  a  fine  not  exceeding  one  hundred  dollars  or  by 
imprisonment  in  the  county  jail  for  a  period  not  exceeding 
thirty  days,  or  both.] 

Sec.  21.  If  at  any  primary  election,  the  presiding  officer  j^g^^gjj^g 
and  judge  shall  knowingly  and  wilfully  receive,  («)  or  advise,  ^^^^^  ^'^^^' 
or  consent  to  the  receiving  of  the  vote  of  any  person  not  en- 
titled to  vote  at  such  primary  election  or  if  such  presiding  offi- 
cer or  judge  shall  knowingly  and  wilfully  refuse  (^)  to  receive 
the  vote  of  any  person  entitled  to  vote  at  such  primary  election, 
every  such  presiding  officer  or  judge  shall,  for  every  such  of- 


356 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Penalty. 


Misde- 
meanor. 


Punishment. 


Voting  or 
attempting 
to  vote 
illegally. 


Receiving  or 

soliciting 

reward. 


"Voting  at 
primary 
election  of 
more  than 
one  party. 


fence,  forfeit  and  pay  the  sum  of  one  hundred  dollars  to  any 
person  who  will  sue  for  the  same,  or  shall,  for  every  such  of- 
fence, upon  conviction  therefor,  be  adjudged  guilty  of  a  mis- 
demeanor, and  be  fined  not  less  than  one  hundred  dollars,  and, 
in  either  case,  be  imprisoned  until  the  fines,  forfeitures  and 
costs  are  paid  in  full  or  discharged  by  the  court. 

(a)  In  the  case  below  cited,  an  election  officer  was  indicted  for 
"knowingly  and  wilfully  taking  an  illegal  vote."    (555) 

The  Court :     ' '  Did  the  defendant  take  the  vote  knowing  it  to  be  an 

illegal  vote?     Defendant  acted  in  a  judicial  capacity, 

and  is  not  to  be  held  liable  criminally  for  a  mere  error  of  judgment.    *    * 

But  if  such  officer,  hnoicing  a  vote  to  be  illegal,  takes  it  corruptly,  his 

position  cannot  protect  him  from  the  just  punishment  of  his  offence. ' ' 

State  vs.  M 'Donald,  4  Har.  555  at  556.   (yr.  1847) 

State  vs.  Frest,  4  Har.  558.  (yr.  1847) 

(6)   For  refusing  to  take  a  legal  vote,  see  the  case  of 
State  vs.  Porter,  4  Har.  556  at  557.   (yr.  1847) 

Sec.  22.  If  at  any  primary  election  hereafter  held  by 
any  political  party,  organization,  or  association,  as  provided  in 
this  act,  any  person  falsely  personate  any  elector  or  other  per- 
son, and  vote  or  attempt  or  ofl:'er  to  vote  in  or  upon  the  name 
of  any  person,  whether  living  or  dead,  or  in  or  upon  any  false, 
assumed  or  fictitious  name,  or  in  or  upon  any  name  not  his 
own,  or  shall  knowingly,  willingly  or  fraudulently  vote  more 
than  once  for  any  candidate  for  the  same  office,  or  shall  vote 
in  any  other  primary  election  district  than  the  one  in  which 
he  is  a  bona  fide  resident,  or  vote  or  attempt  to  vote  more  than 
one  ballot  at  any  primary  election  district,  or  shall  solicit  from 
any  candidate  or  from  any  other  person,  or  shall  receive,  di- 
rectly or  indirectly,  from  such  candidate  or  from  any  other 
person  any  money,  or  promise  of  place  or  position,  or  any  valu- 
able consideration  of  any  kind,  for  his  vote  or  support,  or  if 
any  person  shall  vote  at  the  primary  election  of  more  than 
one  political  party,  organization  or  association,  held  for  the 
purpose  of  nominating  or  selecting  a  candidate  or  candidates 
to  be  voted  for  at  any  subsequent  general  election,  or  for  the 
purpose  of  selecting  delegates  or  representatives  to  any  po- 
litical convention  thereafter  to  be  held  for  the  purpose  of  se- 
lecting candidates  as  aforesaid,  before  any  one  general  elec- 
tion, or  shall  vote  or  attempt  to  offer  to  vote  in  any  primary 
election  district,  or  having  once  voted  shall  attempt  or  offer 


ACTS  OF  THE  GENERAL  ASSEMBLY.  357 

to  vote  again,  or  shall  knowinojly,  wilfully  or  fraudulentlv  Attempting 

o  '  o   .;  ;  .'  .     f^j^y  unlaw- 

do  any  unlawful  act  to  secure  an  opportunity'  for  himself  or  fui  act. 
for  any  other  person  to  vote,  or  shall  by  force,  threat,  men- 
ace, intimidation,  bribery  or  reward  or  offer  to  or  promise  («) 
thereof,  or  otherwise  unlawfully  either  directly  or  indirectly 
influence  or  attempt  to  influence  any  elector  in  giving  his  influencing 
vote,  or  shall  promise  any  place  or  position  for  the  purpose  '^oter. 
of  securing  any  voter's  support  or  prevent  or  hinder  or  at- 
tempt to  prevent  or  hinder  any  qualified  voter  from  freely 
exercising  the  rights  of  suffrage,  or  any  such  means  induce 
or  attempt  to  induce  any  such  voter  to  refuse  to  exercise  any 
such  right,  or  shall,  by  any  such  means  or  otherwise,  compel 
or  induce  or  attempt  to  compel  or  induce  any  inspector  of  influencing 
any  primary  election  or  other  ojfficer  of  any  primary  election  gi^^tlon^to 
■  in  any  primary  election  district  to  receive  the  vote  of  any  ^^°t*^^®^^^ 
person  not  legally  qualified  or  entitled  to  vote  at  the  said 
primary  election  in  such  district,  or  shall  knowingly,  wil- 
fully or  fraudulently  interfere  with,  delay  or  hinder  in  any  ^^l^e^ec-"^^ 
manner  any  inspector  of  any  primary  election,  poll  clerk  or  t'o'^- 
other  officer  of  any  primary  election  in  the  discharge  of  his 
duty,  or  by  any  such  means  or  other  unlawful  means,  know- 
ingly, wilfully  or  fraudulently  counsel,  advise,  induce  or  at-  Advising  or 
tempt  to  induce  any  inspector  of  any  primary  election,  poll  ^^qq^q^^^^ 
clerk  or  other  officer  of  any  primary  election,  whose  duty  it  ^^'^^f'-^^  ^^f ' 
is  to  ascertain,  proclaim,  announce  or  declare  the  result  of 
any  such  primary  election,  or  to  give  or  make  any  certificate, 
document,  report,  return  or  other  evidence  in  relation  there- 
to, to  refuse  or  neglect  to  comply  with  his  duty,  or  to  violate 
any  law  regulating  the  same,  or  to  receive  the  vote  of  any 
person  in  any  primary  election  district  not  errtitled  to  vote 
therein  or  to  refuse  to  receive  the  vote  of  any  person  entitled 
to  vote  therein,  or  shall  aid,  counsel,  or  advise,  procure  or  as- 
sist any  voter,  person  or  inspector  of  any  primary  election. 
or  other  officer  of  such  primary  election,  to  do  any  act  by  law 
forbidden,  or  in  this  act  constituted  an  offence,  or  to  omit  to 
do  any  act  by  law  directed  to'  be  done,  every  such  person 
shall,  upon  conviction  thereof,  be  adjudged  guilty  of  a  mis- 
demeanor, and  shall,  when  not  herein  otherwise  particularly 
specified,  be  punished  for  every  offence  by  imprisonment  in  meanor. 


358 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Punishment,  ^^q  coimty  jail  for  not  more  than  two  years,  or  by  a  fine  of 
not  more  than  two  hundred  dollars,  or  both. 

(a)   Booth,  C.  J.:     "To  offer  it,  is  to  present  it  for  acceptance  or 
rejection;  to  promise  it,  is  to  make  a  declaration 
or  engagement  that  it  shall  be  given. ' ' 

State  vs.  Barker,  4  Har.  559  at  561.   (yr.  1847) 
Godwin  vs.  State,  1  Boyce  173  at  182.   (yr.  1910) 


Other  of- 
fences. 


Punishment. 


Any  act  or  deed  declared  an  offence  by  the  general  laws 
of  this  State  concerning  elections  and  not  herein  particularly 
mentioned,  shall  also  be  an  offence  in  all  primary  elections, 
and  shall  be  punished  in  the  same  form  and  manner  as  is 
provided  for  the  punishment  of  similar  offences  by  the  gen- 
eral laws ;  and  all  the  penalties  and  provisions  of  the  general 
laws  shall  apply  in  such  cases  with  equal  force,  and  shall  be 
as  effective  as  though  fully  set  out  in  this  act. 


Sec.  23.  That  the  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political 
party,  organization  or  association  holding  any  primary  elec- 
tion shall,  at  least  two  weeks  before  such  primary  election  is 
held,  determine  what  territory  shall  comprise  a  primary 
election  district ;  provided,  that  such  primary  election  dis- 
tricts shall  be  so  formed  that  the  whole  of  each  election  dis- 
trict for  the  general  election  shall  be  in  one  primary  elec- 
tion district.  They  shall  also  designate  the  place  for  holding 
the  primary  election  in  each  primary  election  district  and  se- 
cure the  room  for  holding  the  same.  Said  room,  in  all  cases 
where  one  primary  election  district  comprises  more  than  one 
general  election  district,  shall  be  in  the  general  election  dis- 
trict where  the  greatest  number  of  votes  were  polled  by  the 
political  party,  organization  or  association  holding  such  pri- 
mary election  at  the  general  election  next  preceding  the  said 
primary  election.  They  shall  also  designate  each  of  said  dis- 
tricts by  appropriate  titles  or  distinctions.  No  primary 
election  shall  be  held  under  the  provisions  of  this  act  in  a 
pace  or  building  where  intoxicating  liquor  is  sold. 

Krtment  ^^c.  24.     If  the    Sheriff    of   New   Castle  county  or  the 

or  sheriff  to    iiiembers  of  the  Department  of  Elections  for  the  City  of  Wil- 
inR^books°*'    ^^i^igton  shall  wilfully  neglect,  refuse  or  fail  to  deliver  to 


Territory  in 
primary 
election  dis- 
trict. 


General  elec- 
tion district 
not  to  be 
divided. 


Place  of 

holding 

election. 


Designation 
of  districts. 


Not  to  be 
held  where 
intoxicating 
liquors  sold. 


ACTS  OF  THE  GENEKAL  ASSEMBLY.  359 

each  inspector  of  primary  elections  the  "Voting  Books  of 
Qualified  Voters  for  Primary  Elections"  or  "Voting  Books  Amemimem^ 
of  Qualified  Voters"  in  his  or  their  custody,  for  each  general  '^'^^^^^^ 
election  district  that  may  be  contained  in  the  primary  elec- 
tion district  for  which  he  is  appointed,  [or  the  Clerk  of  the 
Peace  shall  lawfully  neglect,  refuse  or  fail  to  deliver^  to  the  ^j^^Jf^*  of  ^ 
Department  of  Elections  for  the  City  of  Wilmington  the  said  Peace. 
"Voting  Books  of  Qualified  Voters,"]   then  in  that  case  the 
said  Sheriff  or  any  member  of  said  Department  of  Elections;  Amendment 
[or  the  Clerk  of  the  Peace  of  New  Castle  county]   so  neg-  f^^^gos-'^f.^^ 
lecting,  failing  or  refusing  shall,  upon  conviction  therefor,  d.  l.  596. 
be  adjudged  guiltv  of  a   misdemeanor   and    shall  for  every  Misde- 
such  offence  be  punished  by  imprisonment  in  the  county  jail        . 
for  a  period  not  exceeding  one  year,  or  by  a  fine  of  not  more 
than  two  hundred  dollars,  or  both,  and  such  conviction  shall 
of  itself  w^ork  a  forfeiture  of  his  office.  Forfeiture 

of  office. 

Sec.  25.     Whoever,  during  the  time  that  any  primary  Taking  in- 
election  is  in  progress  in  any  primary  election  district  in  New  liquors  into 
Castle  county  or  during  the  time  the  ballots  cast  thereat  are  election. 
being  counted,  shall  bring,  take,  order  or  send  into,  or  at- 
tempt to  bring,  take  or  send  into  any  place  of  holding  any 
primary  election,  any  intoxicating  liquors  whatever,  or  shall  toxicating" 
at  any  such  time  and  place  drink  or  partake  of  any  such  in-  ^'''^°^- 
toxicating  liquors,  he  or  they  shall,  upon  conviction  therefor 
be  adjudged  guilty  of  a   misdemeanor    and    shall  for  every 
such  offence  be  punished  by  a  fine  of  not  less  than  five  dol- 
lars, and  not  exceeding  ten  dollars. 


Misde- 
meanor. 


Punishment. 


Ballot  boxes 


Sec.  26.  That  the  sheriff  of  New  Castle  county  shall 
provide  and  deliver,  or  cause  to  be  provided  and  delivered 
to  the  officers  at  every  polling  place  in  the  county  outside  of  ^^^j^l  p''°" 
the  City  of  Wilmington  (and  the  Department  of  Elections  to 
perform  the  same  duties  in  the  City  of  Wilmington),  where 
a  primary  election  is  to  be  held,  a  ballot  box,  the  same  to  be 
provided  with  a  lock  and  key ;  the  said  ballot  box  to  be  not 
less  than  tw^elve  inches  long,  nine  and  one-half  inches  wide.  Description. 


1.     For  time  of  demand  by  the  Department  of  Elections  of  said  books 
see  Sec.  18  of  this  Act,  p.  352  of  this  volume. 


360 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Other  box. 


and  nine  inches  high ;  both  sides  of  said  box  shall  be  entirely 
of  clear  glass  and  shall  have  a  lid  so  constructed  that  the 
said  lid  will  slide  with  ease.  The  lid  of  said  ballot  box  shall 
have  an  opening  in  the  top  not  more  than  one  inch  long  and 
not  more  than  three-sixteenths  of  an  inch  wide ;  the  opening 
to  be  entirely  enclosed  with  iron,  steel  or  tin,  which  material 
shall  be  securely  fastened  to  the  lid.  He  shall  also  furnish 
to  the  officers  holding  any  primary  election  a  box  of  sufficient 
size  to  hold  the  ballots  cast  at  such  primary  election. 


Ballot  box 
where  placed 


Locked  dur- 
ing election. 


Sec.  27.  That  part  of  the  ballot  box  composed  of  glass 
shall  be  so  placed  during  the  time  that  any  primary  election 
is  in  progress  that  it  can  be  seen  at  all  times  by  the  persons 
on  the  outside  of  the  polling  places.  The  lid  of  the  ballot 
box  shall  be  securely  locked  during  the  time  that  the  pri- 
mary election  is  being  conducted,  and  shall  not  be  unlocked 
until  the  polls  are  closed. 


Number  of 
votes  cagt 
to  be  an- 
nounced at 
close  of 
election. 


Reading  of 
ballots. 


Custody  of 
same. 


Clerks  to 
keep  tally. 


Sec.  28.  That  at  the  time  for  closing  the  polls  at  a  pri- 
mary election  held  under  the  provisions  of  this  act,  the  pre- 
siding officer  shall  publicly  proclaim  in  a  clear  and  distinct 
voice  the  number  of  votes  that  have  been  cast  at  such  pri- 
mary election  as  shown  by  the  poll  books  kept  by  the  clerks. 
After  closing  the  polls  at  a  primary  election,  the  presiding  of- 
ficer and  judges  shall  openly  and  publicly  remove  the  lid  of 
the  box  containing  the  ballots.  The  ballots  shall  be  taken 
separately  from  the  box.  One  of  the  judges  shall  keep  in  his 
custody  the  said  box  while  the  other  judge  shall  publicly  in 
the  presence  of  the  watchers,  hereinafter  provided  for,  take 
the  ballots  one  by  one  from  the  box  and  read  the  same.  («) 
When  a  ballot  shall  be  read  it  shall  be  submitted  to  each  of  the 
other  judges  for  inspection  and  put  in  the  other  box  direct- 
ly to  be  procured  in  Section  twenty-four  of  this  act,  it  being 
first  seen  that  the  said  box  is  empty ;  two  clerks  at  least  shall 
keep  an  accurate  account  of  the  ballots  as  they  are  read, 
which  shall  be  done  on  the  tally  sheets  hereinafter  provided 
to  be  furnished,  by  writing  the  name  of  every  person  voted 
for  in  the  margin  under  a  designation  of  the  office  for  which 
the  vote  is  given  to  him.  The  clerk  shall  make  a  distinct 
mark  with  a  pen  and  ink  in  the  row  opposite  such  name  for 


ACTS  OF  THE  GENERAL  ASSEMBLY.  361 

every  vote  such  person  shall  receive  for  the  same  office.    At 

the  close  of  the  canvass  of  the  ballots  cast  for  each  candi-  Rf'suit  of 

canvass  to 

date,  the  inspector  shall  publicly  announce  the  vote  and  the  ^®  ^^-  ^ 

'  ^  X  ^  nounced 

result  (^)  of  the  canvass.  when  count 

^    '  completed. 

(a)  In  the  case  below  cited,  the  indictment  charged  that  ballots  cast 
for  one  person  were  read  for  another  person. 

State  vs.  Matlack,  5  Penn.  401  at  403-4-5-6.   (jr.  1905) 

(b)  The  indictment,  in  the  case  below  cited,  charged,  that  the  officer 
' '  did  not  *  *  cause  a  true  statement  of  the  ballots  *  *  taken 
*     *     to  be  made." 

State  vs.  Matlack,  5  Penn.  401  at  403-4-5-6.   (yr.  1905) 

Sec.  29.     After  having  counted  the  ballots  cast  at  any  Taiiy  sheets 
primary  election,    the    officers    holding    such    election  shall  cates'to  be 
forthwith  fill  out  and  sign  two  tally  sheets  and  two  certifi-  p'^^p^^''^*^- 
cates,  («)  hereinafter  provided  to  be  furnished,  with  the  num- 
'ber  of  votes  in  words  at  length  entered  thereon  that  have  been 
cast  for  each  and  every  candidate  at  such  primary  election, 
and  the  exact  time  that  said  canvass  was  completed.    One  of 
said  certificates,  together  with  one  of  said  tally  sheets  and 
one  poll  list,  shall  be  delivered  by  the  inspector  outside  of 
the  City  of  "Wilmington,  on  the  first  secular  day  following 
such  primary  election,  to  the  chairman  of  the  regularly  or- 
ganized and  constituted  County  Committee  or  governing  au- 
thority of  the    political    party,    organization  or  association 
holding  such  primary  election.     One  of  said  certificates,  to-  Disposition 

of    S3.m6 

gether  with  one  of  said  tally  sheets  and  one  poll  list,  shall  be 
delivered  by  the  inspectors  in  the  City  of  Wilmington  to  the 
chairman  of  the  regularly  organized  and  constituted  Coxinty 
Committee  or  governing  authority  of  the  political  party,  or- 
ganization or  association  holding  such  primary  election, 
within  one  hour  from  the  time  that  the  canvass  of  the  votes 
has  been  completed.      The    said    ballots,    after  having  been  Disposition 

'  '^  of  ballots. 

counted,  shall  be  deposited  in  the  box  furnished  for  that 
purpose,  together  with  the  other  said  certificates,  tally  sheets 
and  poll  lists.  The  lid  of  said  box  shall  be  secured  by  tape 
crossed  and  sealed  in  sealing  wax  by  one  of  judges  not  be- 
ing the  inspector,  and  shall  be  delivered  by  the  inspector  on 
the  first  secular  day  following  such  primary  election,  to  the 
Sheriff  of  New  Castle  county  who  shall  make  such  disposi- 
tion of  the  same  as  the  regularlv  organized  and  constituted 


362 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Blank  tally 
sheets,  &c., 
by  whom 
furnished. 


Printed  in- 
structions to 
officers. 


Poll  books. 


Voting. 


When  re- 
quested 
number  of 
votes  cast 
must  be  an- 
nounced. 


County  Committee  or  governing  a^^thority  of  the  political 
party,  organization  or  association  holding  such  primary 
election  may  direct.  The  regularly  organized  County  Com- 
mittee or  governing  authority  of  the  political  party,  organi- 
zation or  association  holding  any  primary  election  shall  fur- 
nish at  every  polling  place  in  the  county  where  a  primary 
election  is  to  be  held,  blank  tally  sheets,  blank  certificates, 
blank  poll  books  and  stationery  sufficient  for  the  use  of  the 
officers  holding  such  primary  election.  They  shall  also  fur- 
nish to  the  primary  election  officers  printed  instructions  of 
the  parts  of  this  act  that  in  the  judgment  of  the  said  com- 
mittee is  necessary  for  the  proper  performance  of  their 
duties. 

(a)   In  regard  to  the  duties  of  election  officers  as  to  certificates,  and 
Ijartieularly  in  regard  to  their  having  no  power  to  alter  the  same,  see 
Knight  &  Kennedy  vs.  Ferris,  6  Houst.  2S3  at  328.   (yr.  1881) 
State  ex  rel  Wright  vs.  Warren,  1  Houst.. 39  at  44.   (yr.  1855) 
State  vs.  Clark,  2  Marv.  456.   (yr.  1896)   syllabus. 
State  vs.  Brand,  2  Marv.  459  at  462.  (yr.  1897) 

Sec.  30.  The  poll  books  used  at  any  primary  election 
hereafter  held  shall  have  every  line  therein  numbered,  com- 
mencing with  the  figure  1,  and  continuing  serially.  On  of- 
fering to  vote  at  a  primary  election  the  voter  shall  deliver  to 
the  presiding  officer  a  single  ballot  containing  the  name  or 
names  of  the  person  or  persons  for  whom  he  desires  to  vote. 
He  shall  announce  his  name  and  residence,  and,  if  he  is  quali- 
fied as  heretofore  provided,  his  vote  shall  be  received  and  de- 
posited in  the  ballot-box  having  the  glass  sides,  and  his  name 
and  residence  entered  on  the  poll  book  on  the  line  directly 
opposite  the  first  unoccupied  number  in  order  that  the  elec- 
tion officers  may,  at  any  time  during  the  progress  of  the  pri- 
mary election  know  the  exact  number  of  votes  that  have 
been  cast.  The  election  officers  of  such  primary  election 
shall  at  any  time  announce  to  any  person  who  is  in  the  act 
of  voting  and  so  inquiring,  the  number  of  votes  that  have 
been  cast  up  to  that  time. 


Rope  or  Sec.  31.    The  Sheriff  of  New  Castle  county  shall  furnish 

furnished       at  cvcry  polling  place  where  a  primary  election  is  held,  out- 
pface.^°  '"^    side  of  the  City  of  Wilmington,  and  the  Department  of  Elec- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  363 

tions  to  perform  the  same  duty  in  the  City  of  Wilmington, 
two  pieces  of  rope  or  chain.     The  officers  holding  such  pri- 
mary election  shall  place  tiie  said  rope  or  chain  at  a  distance  ^^^^  "*5^*^^- 
not  less  than  six  feet  on  either  side  of  the  window  or  door 
where  a  primary  election  is  held ;  the  said  rope  or  chain  shall 
be  at  least  twelve  feet  in  length,  and  shall  be  at  least  twenty- 
four  inches  from  the  ground  and  shall  so  remain  during  the 
time  such  primary  election  is  in  progress.     No  person  shall  m?tted  with- 
be  permitted  to  be  on  the  inside  of  said  rope  or  chain  except-  exceptTo"^^ 
ing  to  cast  his  ballot,  after  which  he  shall  immediately  re-  "^'°^®- 
tire.     Any  person  violating  the  provisions  of  this  Section  violation. 
shall,  upon  conviction  therefor,  be  adjudged  guilty  of  a  mis- 
demeanor, and  shall  for  every  such  offense  be  punished  by  a  Punishment. 
fine  of  ten  dollars. 

Sec.  32.  That  each  candidate  for  nomination  at  any  v^atchers. 
primary  election  hereafter  held  shall  have  the  right  to  ap- 
point one  qualified  elector  as  watcher,  who  shall  be  entitled 
to  be  in  the  room  where  such  primary  election  is  held,  from 
the  commencement  to  the  close  of  such  primary  election  and 
signing  of  the  certificates  thereof.  If  any  person  appointed  ^f^onduct"' 
watcher  shall  so  conduct  himself  as  to  interfere  with  the  pro- 
gress of  any  primary  election  he  may,  upon  complaint  made 
by  the  primary  election  officers  to  the  chairman  of  the  regu- 
larly organized  and  constituted  County  Committee  or  gov- 
erning authority  of  the  political  party,  organization  or  asso- 
ciation holding  such  primary  election,  or  to  any  member 
thereof  from  the  hundred  wherein  such  interference  occurs 
at  the  direction  of  the  said  chairman  or  member  aforesaid, 
be  removed  from  the  room  where  such  primary  election  is 
being  held,  and  the  candidate  whose  representative  the 
watcher  so  removed  was  shall  be  without  representation  dur- 
ing the  continuance  of  said  primary  election.  If  any  person  ^xl^^de  *° 
shall  exclude  or  attempt  to  exclude  any  elector,  except  in  the  ^^meanor?''^' 
manner  hereinbefore  provided,  who  has  been  appointed 
watcher,  from  the  room  where  any  primary  election  is  being 
held,  he  shall,  upon  conviction  therefor,  be  adjudged  guilty 
of  a  misdemeanor,  and  shall  for  every  such  offence  be  pun- 
ished by  a  fine  of  one  hundred  dollars,  or  by  imprisonment  punishment. 


364 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


in  the  county  jail  for  a  period  not  exceeding  ninety  days,  or 
both. 


Challenge 
to  vote. 


Decision. 


May  require 
oath  of 
voter. 


Form. 


After  oath 
vote  to  be 
received. 


Decision  on 
challenged 
vote  not  to 
delay  other 
votes. 


Challenging 
vote  for  de- 
lay misde- 
meanor. 


Sec.  33.  That  anj^  recognized  member  of  the  political 
party,  organization  or  association  in  whose  interest  any  pri- 
mary election  is  held,  may  challenge  the  right  of  any  person 
offering  to  vote  at  such  primary  election ;  and  the  board  of 
election  officers  holding  the  same  shall  determine  whether 
the  person  so  offering  is  entitled  to  vote,  and  shall  receive  or 
reject  such  vote,  as  the  evidence  for  or  against  the  right  of 
the  person  to  vote  shall  w^arrant.  The  officers  may,  of  their 
own  motion,  or  in  case  of  challenge  if  there  be  doubt  of  the 
propriety  of  receiving  the  offered  vote,  require  of  the  person 
so  offering  to  vote,  his  oath  or  affirmation,  which  shall  be  ad- 
ministered by  the  presiding  officer,  who  is  hereby  authorized 
to  administer  the  same  in  the  following  form,  viz :  Do  you 
solemnly  swear  (or  affirm)  that  you  are  a  legally  qualified 

voter  under  the  rules  of  the party  authorizing 

this  primary  election;  that  you  will  be  legally  qualified  to 
vote  at  the  following  election  for  which  candidates  are  now 
being  selected  to  be  voted  for;  that  you  are  at  this  time  a 
bona  fide  resident  of  this  primary  election  district ;  that  you 
have  not  voted,  or  you  will  not  vote  at  any  other  voting  place 
this  day ;  that  you  have  not  voted  or  you  will  not  vote  at  the 
primary  election  of  any  other  political  party,  organization 
or  association  held  for  the  purpose  of  nominating  or  select- 
ing candidates  to  be  voted  for  at  the  ensuing  election,  so 
help  you  God  (or  so  you  solemnly  affirm.)  After  the  voter 
has  taken  the  said  oath  or  affirmation,  the  ballot  of  such 
voter  shall  be  received  and  deposited  in  the  ballot  box ;  and 
if  any  person  offering  to  vote  at  any  primary  election  decline 
to  make  the  oath  or  affirmation  demanded,  his  vote  shall  be 
rejected.  If  at  the  time  a  person  proposes  to  vote  he  is  chal- 
lenged and  there  are  several  persons  waiting  their  turn  to 
vote,  said  challenged  person  shall  stand  to  one  side  until  un- 
challenged voters  have  had  an  opportunity  to  vote,  when  his 
case  shall  be  taken  up  and  disposed  of ;  Provided,  that  if  any 
person  shall  challenge  a  qualified  voter,  resident  of  such  pri- 
mary election  district,  well  known  as  a  member  of  the  po- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  365 

litieal  party,  organization  or  association  holding  such  pri- 
mary election,  for  the  purpose  of  annoying  or  delaying  vot- 
ers he  shall,  upon  conviction  therefor,  be  adjudged  guilty  of 
a  misdemeanor,  and  shall  for  each  and  every  such  offence  be 
punished  by  fine  of  one  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  for  a  period  not  exceeding  six  months,  or  Punishment. 
both. 

Sec.  34.    That  each  of  the  officers  of  any  primary  elec-  f°^t^^^/Jf. 
tion  hereafter  held  is  clothed  with  the  powers  and  duties  of  fleers. 
a  county  constable,  and  is  required  to  see  that  good  order  is 
preserved  at  such  election,  and  may  arrest  and  present  for 
commitment  to  any  justice  of  the  peace  any  and  all  persons 
guilty  of  any  unlawful  conduct. 

Sec.  35.     The  compensation  of  the  officers  and  clerk  of  fjo^  of  eiec- 
holding  primary  elections  under  the  provisions  of  this  act  tion  officers. 
shall  be  two  -dollars  and  fifty  cents  for  each  judge  and  clerk 
and  three  dollars  for  each  inspector  at  each  primary  election 
so  held.     The  expenses  for  holding  primary  elections  under 
the  provisions  of  this  act  including  stationery,  pay  of  officers 
and  clerks,  shall  be  paid  by  the  Levy  Court  of  the  county  How  paid, 
wherein  such  primary  election  is  held  to  nominate  persons 
to  be  voted  for  at  a  subsequent  general  election  and  by  the 
Mayor  and  Council  of  Wiknington  in  any  year  when  a  pri- 
mary election  is  held  in  the  City  of  Wilmington  to  nominate 
officers  to  be  voted  for  at  the  subsequent  municipal  election 
in  the  said  city. 

Sec.  36.     If  any   person   appointed    to   hold  a  primary 

.  .  .    ,      .  „  n  Election  of- 

election  shall  conduct  such  election  in  violation  oi  any  ot  Acer  acting 

„.  -Ti  I.-    unlawfully 

the  provisions  of  this  act,  the  regularly  organized  and  consti-  may  be  re- 
futed County  Committee  or  governing  authority  of  the  po- 
litical party,  organization  or  association  holding  such  pri- 
mary election  is  hereby  empowered  and  directed  to  remove 
such  officer  or  officers  and  substitute  others  in  their  stead, 
and  the  person  so  substituted  shall  take  the  oath  or  affirma-  substitutes, 
tion  prescribed  by  Section  five  of  this  act,  which  said  oath 
or  affirmation  shall  be  administered  by  any  qualified  inspec- 


366 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


tor  or  judge  who  is    hereby    authorized    to    administer  the 
same. 


Who  de- 
clared nomi- 
nated. 


Vacancy. 


Sec.  37.  In  all  cases  the  candidate  receiving  the  highest 
number  of  votes  shall  be  declared  the  nominee  of  the  polit- 
ical party,  organization  or  association  holding  such  primary 
election.  In  case  of  death,  resignation  or  removal  of  any 
candidate  subsequent  to  a  nomination  the  political  party,  or- 
ganization or  association  in  which  such  vacancy  exists,  shall 
provide  the  manner  in  which  such  vacancy  shall  be  filled. 


Nominee 
how  ascer- 
tained. 


Tie  votes  or 
contests. 


How 
decided. 


Form  of 
proceedings. 


Sec.  38.  The  regularly  organized  and  constituted 
County  Committee  or  governing  authority  of  the  political 
party,  organization  or  association  holding  any  primary  elec- 
tion is  hereby  empowered  to  calculate  the  aggregate  number 
of  all  the  votes  that  shall  have  been  cast,  in  all  the  hundreds 
of  the  county  or  any  subdivision  thereof,  for  every  person 
voted  for  for  any  one  office  at  such  primary  election,  and  to 
declare  the  candidate  or  candidates  in  cases  where  candi- 
dates for  more  than  one  office  are  to  be  nominated,  receiving 
the  highest  number  of  votes  the  nominee  or  nominees  of  such 
political  party,  organization  or  association  for  the  office  for 
which  he  was  voted  for  at  such  primary  election.  In  all 
cases  of  a  tie  vote  or  of  contests,  the  regularly  organized  and 
oonstituted  County  Committee  or  governing  authority  of  the 
political  party,  organization  or  association  holding  at  such 
primary  election  shall  have  the  power  to  hear  and  determine 
such  contests,  and  to  decide  who  shall  be  entitled  to  the 
nomination.  The  proceedings  in  such  cases  shall  be  in  such 
form  and  manner  as  the  said  committee  or  governing  au- 
thority shall  determine  upon.  Before  entering  upon  the  dis- 
charge of  the  duties  set  forth  in  this  section  the  members  of 
the  committee  or  governing  authority  aforesaid,  shall  be 
sworn  by  a  notary  public  to  faithfully  and  honestly  dis- 
charge the  duties  herein  imposed  and  the  failure  upon  the 
part  of  any  member  of  the  said  committee  or  governing  au- 
thority to  discharge  such  duties  faithfully  and  honestly  shall 
be  deemed  a  misdemeanor,  and  the  person  so  offending  shall, 
upon  conviction  therefor,  be  fined  not  less  than  one  hundred 


ACTS  OF  THE  GENERAL   ASSEMBLY.  367 

dollars  nor  more  than  five  hundred  dollars,  and  be  impris- 
oned in  the  county  jail  for  a  period  of  not  less  than  sixty 
days  nor  more  than  one  year. 

Sec.  39.    That  the  ballots  used  at  any  primary  election  Printing  of 

.  ballots. 

hereafter  held  shall  be  printed  by  the  regularly  organized 
and  constituted  County  Committee  or  governing  authority 
of  the  political  party,  organization  or  association  holding 
such  primary  election.    The  names  of  all  candidates  for  nomi-  Form  of 

.  .  .      ballot. 

nation  for  the  same  office  shall  be  placed  under  the  title  of  said 
office,  the  surname  of  candidates  to  be  placed  in  alphabetical 
order  and  shall  not  be  separate  one  from  another  by  any  other 
matter.     Where  there  are  several  candidates  for  the  nomina- 
tion for  the  same  office,  the  elector  shall  indicate  his  choice  by  ^ow  voted, 
crossing  out  the  name  of  all  the  candidates  except  those  for 
whom  he  desires  to  vote,  and  in  case  an  elector  has  omitted  to 
cross  out  the  names  on  his  ballot  as  aforesaid,  the  said  ballot 
shall  not  be  counted   for   any  such   candidate  or  candidates. 
Any  person  desiring  to  be  voted  for  as  a  candidate  for  nomi-  person  de- 
nation  at  any  primary  election  hereafter  to  be  held  shall  notify  voted  fm-'^^ 
the  regularly  organized  and  constituted  County  Committee  or  ^^^th^oriues 
governing  authority  of  the  political  party,  organization  or  as- 
sociation of  which  he  is  a  member  in  writing  of  such  desire  at 
least  ten  days  before  such  primary  election  is  to  be  held.    The 
said  ballots  shall  be  printed  and  ready  for  distribution  at  least  pi^jnted 
five  days  before  the  day  of  such  primary  election.  when. 

^Sec.  40.    That  the  provisions  of  this  act  shall  not  apply  pucabie^o' 
to  any  primary  election  held  for  the  election  of  delegates  to  delegates  to 
any  State  convention  called  for  the  purpose  of  electing  dele-  com°e"ft\on. 
gates  or  representatives  to  any  national  [or  State]  political  ;^^^i[iarch^^' 
convention ;  Provided,  however,  that  the  regularlv  organized  26,  i903, 22 

'  '  '  °  "  °  D.  L.  o97. 

County  Committee  or  governing  authority  of  the  political 
party,  organization  or  association  by  or  for  which  the  pri- 
mary election  is  held  for   the    election   of   delegates  to  any 
State  convention  held  for  the  election  of  delegates  to  any  A^^Mi^ch"*^' 
national  [or  State]   political  convention,  shall  bear  the  ^'^- ^' ^^i^' 


1.     Amended.     See  Chapter  286,  Volume  22. 


368 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


this  Section.     And,  provided  further,  that  the  said  govern- 


f "be  at^ex*-°"  P®^^®  for  Conducting  such  primary  election  as  set  forth  in 

pense  of 
party. 

Also  election  ing  authority  ordering  or  issuing  the  call  for  a  primary  elec- 

of  cl&lG£r3.t8S 

to  other  con-  tion  to  elcct  delegates  or  representatives  to  any  *  *  * 
Amendment,  couuty  or  city  couventiou,  shall  bear  all  the  expense  in- 
le'^'igot^lt      curred  by  reason  of  such  election. 

b.  L.  597. 


Act  appli- 
cable to  N. 
C.  Co.  only. 

Sale  of  in- 
toxicating 
liquors  not 
prohibited 
on  day  of 
primary 
election. 


Sec.  41.  That  this  act  shall  apply  solely  to  New  Castle 
county,  and  the  laws  now  in  force  prohibiting  the  sale  of  in- 
toxicating liquors  on  the  day  of  any  general,  special  or  mu- 
nicipal election  are  hereby  excepted,  and  shall  not  apply  to 
any  election  contemplated  by  this  act. 

Passed  at  Dover,  May  27,  1897. 


19  D.  L.  So.     AX  ACT  to  provide  for  the  Secrecy  and  Purity  of  the  Ballot. 

Section  1.  That  hereafter  it  shall  be  the  duty  of  each  in- 
spector of  elections  in  this  State,  outside  of  the  City  of  Wil- 
mington, to  provide  a  room  for  the  holding  of  any  general  or 
special  election  («)  in  his  hundred  or  election  district  which 
shall  be  adapted  to  the  requirements  of  this  Act.  Said  room 
shall  be  at  the  place  now  or  which  may  hereafter  be  established 
by  law  in  each  hundred  or  election  district  for  the  holding  of 
elections,  or  in  as  close  proximity  thereto  as  practicable,  having 
due  regard  to  the  convenience  of  the  voters;^  provided,  how- 
ever, that  if  any  inspector  shall  select  a  place  for  the  holding 
of  any  general  or  special  election  in  his  hundred  or  election 
district  other  than  the  one  established  by  law,  he  shall  do  it  in 
time  to  give  the  notice  of  holding  such  election  required  by 
law.  Said  room  shall  have  a  door  or  entrance  of  easy  or  con- 
venient access,  and  if  practicable  a  separate  means  of  "exit.  It 
shall  be  provided  on  the  outside  with  a  passage  at  least  four 
feet  wide  and  with  a  railing,  rope  or  wire  on  each  side  com- 
mencing at  least  thirty  feet  away  from  and  leading  to  the  en- 
trance to  such  place  of  election  and  passing  the  place  assigned 


Duty  of  in- 
spector to 
provide  a 
room  for 
holding  elec- 
tions. 

Place  of 
holding 
elections. 


Notice  of 
change  of 
place  of 
holding  elec- 
tions. 


Plan  of 
room  and 
entrance. 


1.     See  Act  June  1,  1898,   21  D.  L.  at  109,   Sec.   2;  see  also  p.  114,   Sec. 
of  the  same  Act. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  369 

for  the  challengers  and  thence  to  the  entrance  of  the  room  in 
which  the  election  is  held. 

(a)  This  is  the  uniform  ballot  law,  undei-  which  all  elections  are  held 
all  over  the  State,  principally  the  election  held  on  the  Tuesday  next  after 
the  first  Monday  in  the  month  of  jSTovember  as  provided  for  by  the  Con- 
stitution. The  Court  referred  to  it,  and  the  meaning  of  an  election,  as 
follows : 

Lore,  C.  J.:  "  The  election  of  November  3rd  *  was  held  under  the 
provisions  of  the  Constitution  naming  the  day  and  pre- 
scribing the  mode  by  ballot.  Art.  4,  Sec.  1.  *  *  The  Constitution  of 
this  State  provides  for  the  election  of  Governor,  Senators,  and  other  of- 
ficers named,  and  prescribes  for  the  purity  and  freedom  of  the  elections; 
and  the  bill  of  rights  provides  that  all  elections  shall  be  free  and  equal. 
*  *  Under  our  form  of  government,  therefore,  an  election  is  the  Con- 
stitutional expression  of  the  sovereign  will  of  the  people,  as  to  who  shall 
be  their  accredited  agents  to  execute  the  laws,  and  to  preserve  their  rights 
and  liberties. ' ' 

State  vs.  McCoy  et  al,  2  Marv.  576  at  587.   (yr.  1S97) 

The  inspector  shall  provide  for  the  room  a  railing  therein  ^^j^^^j.°'g^i^." 
separating  the  part  of  the  room  to  be  occupied  by  the  election  ^oom. 
officers  from  the  remainder  of  the  room.     He  shall  also  pro- 
vide a  suitable  table  and  chairs  for  the  use  of  the  election  offi- 
cers.   The  table  shall  occupy  such  a  position  in  said  room  as  to 
enable  the  election  officers  and  the  challengers  hereinafter  pro- 
vided .  for  to  easily  communicate  with  each  other.     He  shall 
cause  to  be  constructed  in  the  room  at  least  one  booth  for  every  Booths. 
one  hundred  and  fifty  voters  or  fractional  part  thereof  in  each 
hundred  or  election  district ;  provided,  that  there  shall  not  be 
less  than  three  booths  at  any  one  hundred  or  election  district. 
The  booths  shall  be  at  least  three  feet  square  and  six  feet  high  fangement ' 
if  ceiling  will  admit  it.    They  shall  each  contain  a  shelf  prop-  °^  ^°°'^hs. 
erly  constructed     *     *     *     *     *     *i     and    they   shall  be  so  ac?  Maixh  2, 
constructed  and  arranged  that  all  the  election  officers  in  the  L.'^iofi's^c.  2. 
room  can  see  whether  more  than  one  voter  enters  any  one  of 
them  at  any  one  time.    In  the  City  of  Wilmington  it  shall  be  Eejar'tment 
the  duty  of  the  Department  of  Elections  to  select  the  voting fi^  ollcity^ 
place^  in  each  election  district  within  the  city  and  to  pro\nde  toi^topro^" 
the  room  in  which  the  election  is  to  be  held  and  to  protect  the  iences°fOT '^" 
same  with  the  required  railing  or  rope  and  to  construct  there-  elections. 


1.  Instead  of  pen  and  ink,  which  the  above  section  provided  for,  it  is 
now  "an  indelible  black  lead  pencil,  or  indelible  back  crayon."  Act  March 
2,   1901,   22  D.   L.   p.   107.    (p.   395   of  this  volume.) 

2.  See  the  two  Acts  of  June  1,^1898,  21  D.  L.  pp.  94  and  146.  (p.  337  of 
this  volume.) 


370 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


in  the  necessary  number  of  booths,  and  to  do  all  other  things 
required  to  be  done  by  the  inspectors  of  election  outside  of  the 
City  of  Wihnington  in  and  about  the  furnishing  and  fitting 
up  of  said  room/ 

Challengers.  Sec.  '2.'    Eacli  of  the  political  parties  may  select  and  ac- 

credit some  suitable  person  as  a  challenger  to  stand  without 
the  door  or  entrance  of  the  room  in  which  the  election  is  to  be 
held,  and  by  the  side  of  the  passage  hereinbefore  provided 
for;  and  in  case  of  failure  of  any  or  all  of  the  political  parties 
to  select  such  person  or  persons  as  challenger  or  challengers  it 
shall  be  the  duty  of  the  inspector  and  judges  to  make  such 
selection  or  selections ;  provided,  that  the  challengers  may  be 
changed  and  their  places  filled  in  like  manner  during  the  day.^ 


What  shall 
constitute  a 
political 
party  under 
this  Act. 


Clerk  of  the 
Peace  may 
demand 
certificate 
of  organiza- 
tion. 


Sec.  3.  A  political  party  within  the  meaning  of  this  Act 
shall  be  an  organization  of  bona  fide  citizens  and  voters  of 
any  county  in  this  State,  which  shall  by  means  of  a  convention, 
primary  election  or  otherwise,  nominate  candidates  for  public 
offices  to  be  filled  by  the  people  at  any  general  or  special  elec- 
tion within  the  State.  No  organization  shall  be  regarded  as  a 
political  party  that  does  not  represent  at  least  one  hundred 
bona  fide  citizens  and  voters  of  the  county  in  which  it  exists. 
If  the  Clerk  of  the  Peace  should  have  any  doubt  as  to  the  suf-. 
ficiency  of  the  number  of  bona  fide  voters  represented  by  any 
organization  in  any  county,  he  may  demand  a  certificate  of 
twenty-five  voters  belonging  to  such  an  organization  as  to  that 
fact. 


Clerks  of  the  g^Q^  4     The  Clcrks  of  the  Peace  for  the  several  counties 

Peace  to 

print  ballots,  shall  causc  to  be  printed  on  the  ballots  herein  provided  for,  the 


1.  For  the  time  of  opening  the  polls,  see  Act  March  20,  1905,  23  D.  L. 
p.  91;  and  for  time  of  closing  election,  see  Act  June  1,  1898,  21  D.  L.  p.  120, 
Sec.  20. 

2.  See  Sec.   17  of  this  Act,  p.   379. 

3.  See  Act  May  13,  1891,  19  D.  L.  p.  145,  Sec.  14,  (p.  284  this  volume) 
where  it  states  the  challenger  shall  stand  inside  the  window.  And  Act 
May  20,  1897,  20  D.  L.  p.  404,  Sec.  3,  (p.  388  this  volume),  as  to  challengers, 
which  provides  that  the  challengers  shall  act  as  Clerks  of  Election  in  the 
City  of  Wilmington. 

The  Judges  now  name  the  clerks.  The  A^ct  authorizing  the  Judges  to 
name  the  clerks  is  the  Act  of  June  1,  1*898,  21  D.  L.  p.  116,  Sec.  13. 


ACTS  OF  THE  GENERAL   ASSEMBLY.  371 

names  of  the  candidates  nominated  by  the  parties  recognized 
by  them  as  political  parties  within  the  meaning  of  this  Act. 
The  nomination  of  the  candidates  for  the  office  of  Governor, 
Representatives  in  Congress  and  Presidential  Electors  shall  be  S^^^ctrti'-" 
certified  to  the  several  Clerks  of  the  Peace  by  the  presiding  of  the  Pelcl 
officer  and  secretary  of  the  several  State  party  conventions  or 
committees,  and  the  nominations  of  the  candidates  for  the 
connty,  hundred  and  district  offices  shall  be  certified  to  the 
respective  Clerks  of  the  Peace  of  the  county  in  and  for  which 
such  nominations  have  been  made  by  the  presiding  officer  and 
secretary  of  the  proper  party  convention  or  committee.  The 
certificate  shall  be  in  writing  and  shall  contain  the  name  of  ce°rtmcate. 
each  person  nominated,  his  residence  and  the  office  for  which 
he  is  nominated.  The  persons  making  such  certificate  shall 
add  to  their  signatures  their  respective  places  of  residence  and 
shall  acknowledge  said  certificate  before  an  oi^cer  duly  au- 
thorized to  take  acknowledgments  of  deeds,  and  a  certificate  of 
such  acknowledgment  shall  be  affixed  to  the  instrument. 

The  certificate  shall  also  designate  a  title  for  the  partv  certificate 

,  .   ,  ,  .  .  .to  designate 

which  such  convention  or  committee  represents,  together  w^ith  figure  or  de- 
an}^ simple  figure  or  device  by  which  its  list  of  candidates  may 
be  designated  on  the  ballot;  provided,  that  the  figure  or  title 
or  device  selected  and  designated  by  the  State  convention  or 
committee  of  Q.nj  party  shall  be  used  by  that  party  throughout 
the  State.  Only  one  figure  or  device  shall  be  used  by  a  party 
at  anv  election.    The  same  title,  figure  or  device  shall  not  be  Figures  or 

'  .      .  devices  of 

used  by  more  than  one  party,  and  the  party  first  certifying  a  parties. 
name,  title,  figure  or  device  to  the  Clerks  of  the  Peace  shall 
have  the  prior  right  to  use  the  same.     Such  figure  or  device  „^^  ^  ^ 

^  '^  '^  What  figures 

may  be  the  figure  of  a  star,  an  eagle,  a  plow,  or  some  such  ap-  or  devices 

•^  ^  )  o     )       ir-         .  1     j^g^y  ijg  used. 

propriate  symbol,  but  the  coat  of  arms  or  seal  of  the  State,  or 

of  the  United  States,  or  the  flag  of  the  United  States,  shall  not  what  shaii 

'  not  be  used. 

be  used  as  such  figure  or  device. 

In  case  of  death,  resignation  or  removal  of  any  candidate^  Death,  resig- 

_         _  _       "^  nation  or  re- 

subsequent  to  nomination  a  supplemental  certificate  of  nomi-  movai  of 

^  candidates. 


1.     See  Sec.  9  of  this  Act,  p.  374.     In  case  of  death  while  in  office,  see 
Art.  Ill,  Sec.  9  of  the  Constitution. 


372  ACTS  OP  THE  GENERAL  ASSEMBLY. 

nation  may  be  filed  by  the  proper  officers  of  the  State,  county, 
division°and  district  or  hundred  committees.  In  case  of  a  division  in  any 
*art^s^who  P^^^y  and  claim  by  tv/o  or  more  factions  to  the  same  party 
^arty^flgure  ^^^®  ^^  title,  figure  or  device,  if  the  division  occurs  at  a  State 
or  device.  convention,  or  extends  throughout  the  State,  the  Clerks  of  the 
Peace  of  the  several  counties  shall,  within  ten  days  after  any 
one  of  them  has  received  the  certificates  of  the  contending  fac- 
How  decided  ^ions,  assemble  in  the  office  of  the  Clerk  of  the  Peace  at  Dover 
and  determine  which  faction  the  name,  title  or  figure  properly 
belongs  to,  giving  the  preference  to  the  convention  held  at  the 
time  and  place  designated  in  the  call  of  the  regularly  consti- 
tuted party  authorities ;  and  if  within  five  days^  thereafter  the 
other  faction  shall  present  no  other  party  name  or  title,  figure 
or  device  and  certify  the  same  to  the  Clerks  of  the  Peace  the 
latter  shall  again  immediately  assemble  and  select  some  suit- 
able title,  figure  or  device  for  said  faction  and  the  same  shall 
be  placed  above  the  list  of  their  candidates  on  the  ballots.  If 
the  certificate  of  the  contending  factions  shall  not  be  received 
by  the  Clerks  of  the  Peace  in  time  for  them  to  assemble  at  Do- 
ver before  publishing  the  device  and  list  of  candidates  in  the 
newspapers,  then  and  in  that  case,  each  Clerk  of  the  Peace 
shall  determine  for  himself  which  faction  shall  be  entitled  to 
the  name,  title,  figure  or  device  and  shall  select  a  name,  title, 
figure  or  device  for  the  other  faction.  Provided^  that  in  case 
of  division  in  any  party  extending  only  throughout  a  countj^, 
district  or  hundred,  the  Clerk  of  the  Peace  of  the  county  in 
which  such  division  occurs,  upon  the  receipt  of  certificates 
from  the  contending  factions  shall  determine  which  faction  is 
entitled  to  the  party  name,  figure  or  device  and  to  have  their 
nominations  printed  in  the  proper  party  column,  and  should 
the  other  faction  fail  to  do  so  the  Clerk  of  the  Peace  shall  se- 
lect for  them  a  name  or  title,  figure  or  device. 

Peace  to  pre-  Sec.  5.     The  Clcrks  of  the  Peace  of  the  several  counties 

tiflcates  of  '  shall  cause  to  be  preserved  in  their  respective  offices  all  certifi- 

nominations. 

1.  The  Clerk  of  the  Peace  for  outside  of  Wilmington  publishes  in 
newspapers  the  ballots  10  days  before  the  day  of  election.  See  Sec.  7  of 
this  Act,  p.  373. 

The  Department  of  Elections  performs  the  same  act  for  the  City  of 
Wilmington.  See  Act  April  6,  1S93,  19  D.  L.  at  p.  986,  Sec.  S;  and  see  also 
Sec.  10  of  the  same  Act,  pp.   401-402  of  this  volume. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  378 

cates  of  nominations  filed  under  the  provisions  of  this  Act  for 
six  months  after  the  date  of  the  filing  thereof. 

Sec.  6.     Certificates  of  nominations  herein  directed  to  be  Time  of  m- 

insT  CGrtifi- 

filed  with  the  Clerks  of  the  Peace  shall  be  filed  not  less  than  cates  of 
twenty  days  before  the  day  fixed  by  law  for  the  election  of  the 
persons  in  nomination.^ 

Sec.  7.     At  least  ten  days  before  an  election  to  fill  any  publication 
public  office  the  Clerk  of  the  Peace  of  each  county  shall  cause  tions!""^^' 
to  be  published  in  at  least  two  newspapers  within  his  county 
the  nominations  to  office  certified  to  him  as  directed  in  Section 
4.-     He  shall  make  no  less  than  two  publications  in  each  of 
such  newspapers  before  election.     Such  publications  shall  be  in  what 
■  made  in  two  newspapers  representing  the  two  principal  politi- published.^ ^ 
cal  parties.    Provided,  that  in  all  cities  where  a  daily  news- 
paper is  published  such  notice  shall  also  be  published  in  two 
daily  papers  representing  such  political  parties,  if  such  there 
be.     The  lists  of  nominations  published  by  the  Clerk  of  the  Arrange - 
Peace  shall  be  arranged  as  far  as  practicable  in  the  order  and  ^minations 
form  in  which  they  will  be  printed  upon  the  ballots  and  shall 
designate  the  devices  under  which  the  lists  of  candidates  of 
each  party  will  be  printed.    The  Clerk  of  the  Peace  shall  not 
include  in  the  publication  to  be  made  according  to  this  section  nations  siiaii 
the  name  of  any  candidate   whose   certificate   of   nomination  from  pubi*!- 
shall  have  been  filed  in  his  office  who  shall  have  notified  him  fi^om 'tife" 
in  writing  duly  signed  and  acknowledged  that  he  will  not  ac-  ^^^^^°*^^- 
cept  the  nomination.    The  names  of  such  candidates  shall  not 
be  included  in  the  names  of  the  candidates  to  be  printed  on 
the  ballot  as  hereinafter  provided. 

Sec.  8.    The  Clerk  of  the  Peace  in  each  county  shall  cause  cierks  of  the 
the  names  of  all  candidates  to  be  voted  for  in  his  county  and  prinf ballots, 
the  several  hundreds  or  districts  in  the  same  to  be  printed  in 
parallel  columns  on  one  ballot,  all  nominations  of  any  party 
being  placed  under  the  title  and  device  of  such  party  as  desig- 

1.  As  to  municipal  elections  see  Act  April  6,  1893,  19  D.  L.  at  p.  988. 
Sec.  10,  par.  5,  which  provides  it  shall  be  10  days  before  election,  (p.  402 
ot  this  volume.) 

2.  As  to  notice  of  time  and  place  of  holding  election,  see  Act  June 
1,  1898,  21  D.  L.  p.  114,  Sec.  8. 


374 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Size,  form, 
style  and 
color  of 
ballots. 


nated  by  its  authorized  agent  or  agents  in  the  certificate  or 
certificates ;  or  if  none  be  designated,  under  some  suitable  title 
and  device  to  be  selected  by  the  Clerk  of  the  Peace.  The  bal- 
lots shall  be  of  uniform  size  and  of  the  same  quality  and  color 
of  paper  and  sufficiently  thick  that  the  printing  cannot  be  dis- 
tinguished from  the  back.  The  arrangement  of  the  ballot  shall 
in  general  conform  as  nearly  as  possible  to  the  plan  hereinafter 
given  and  the  device  named  and  chosen  and  the  list  of  candi- 
dates of  the  Democratic  party  shall  be  placed  in  the  first  col- 
umn on  the  left  hand  side  of  said  ballot;  of  the  Republican 
party  in  the  second  column,  and  of  any  other  party  in  such 
order  as  the  Clerk  of  the  Peace  shall  decide.^ 


Arrange- 
ment of 
ballots. 

Act  May  20, 
1897,  20  D.L. 
403,  Sec.  2. 


Device 

Democratic 

Ticket. 

For  Governor : 

A.  B. 

For  Representative 

in  Congress : 

CD. 


Device 
Republican 

Ticket. 

For  Grovernor : 

E.  F. 

For  Representative 

in  Congress : 

G.  H. 


Death,  re- 
moval or 
resignation 
of  candi- 
dates after 
printing  of 
ballots. 


New  nomina- 
tion, pasters 
etc. 


Sec.  9.  In  case  of  the  death,  removal  or  resignation  of 
any  candidate  after  the  printing  of  such  ballots  and  before 
such  election,-  it  shall  be  lawful  for  the  chairman  of  the  State, 
county,  hundred  or  district  political  organization  by  which 
such  candidate  was  nominated,  to  make  a  nomination  to  fill 
such  vacancy ,'and  to  provide  the  election  officers  of  each  elec- 
tion district  in  which  such  candidate  is  to  be  voted  for  with  a 
number  of  pasters  containing  only  the  name  of  such  candi- 
date at  least  ecpial  to  the  number  of  ballots  provided  for  each 
election  district,  but  no  pasters  shall  be  given  to  or  received  by 
any  one  except  such  election  officers  and  such  chairman,  and  it 


1.  Clerk  of  the  Peace  also  to  fold  ballots,  so  the  face  thereof  will  not 
show.  See  Act  May  20,  1897,  20  D.  L.  p.  405,  Sec.  8,  p.  391,  Sec.  8  of  this 
volume. 

2.  See  Sec.  4.  par.  3  of  this  Act,  and  seeAct  April  6,  1893,  p.  990,  Sec. 
17  as  to  a  similar  provision  in  the  municipal  election  law  of  the  City  of 
"Wilmington,   p.   406  of  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  375 

shall  be  the  duty  of  the  clerks  of  election  to  put  one  of  such  ^e*J<,°of 
pasters  in  a  careful  and  proper  manner  and  in  the  proper  ^3^^*'°  uch 
place  in  each  ballot  before  they  shall  sign  their  initials  there-  pasters. 
on. 

Sec.  10.    If  the  printer  of  such  ballots  or  any  person  em-  Printer  of 
ployed  in  printing  the  same  shall  give  or  deliver  or  knowingly  low  no  bai'- 
permit  to  be  taken  any  of  said  ballots  by  any  person  other  taken  out. 
than  the  Clerk  of  the  Peace  for  whom  such  ballots  are  being  fnan^  other 
printed,  or  shall  print,  or  cause  or  permit  to  be  printed  any 
ballot  in  any  other  form  than  the  one  prescribed  by  this  Act  or 
with  any  other  names  thereon  than  those  authorized  by  the 
Clerk  of  the  Peace  or  with  the  names  spelled  or  the  names  or 
devices  thereon  arranged  in  any  other  way  than  that  author- 
ized and  directed  by  the  said  Clerk  of  the  Peace,  he  shall  be 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be 
fined  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  not  less 
than  one  nor  more  than  five  years  or  both  at  the  discretion  of  Penalty, 
the  court. ^ 

Sec.  11.     The  Clerk  of  the  Peace  in  each  county  shall  Number  of 

ballots  to  be 

cause  to  be  printed  withm  the  State  of  Delaware  m  the  form  printed, 
hereinbefore  provided  four  ballots  for  every  voter  in  each  hun- 
dred or  election  district  in  his   county,   and   the  number  of 
voters  shall  be  ascertained  in  each  hundred  or  election  district 
bv  reference  to  the  highest  number  of  votes  polled  therein  at 

'^  ^  ,  Number  of 

any  preceding  election  with  due  allowance  for  any  estimated  voters,  how 

^  ...  3.SC6rt3.1IlGtl. 

increase  thereof.  If  a  new  election  district  has  been  estab- 
lished in  his  county  the  number  shall  be  estimated  by  said 
Clerk  of  the  Peace  according  to  the  best  information  he  can 
obtain. 

The  Clerk  of  the  Peace  shall  cause  the  ballots  for  each  Packages  of 
hundred  or  election  district  to  be  carefully'  wrapped  and  tied 
in  two  packages  each  containing  the  same  number  of  ballots. 


1.  For  a  similar  provision  in  the  municipal  election  law  of  the  City 
of  Wilmington  see  Act  April  C,  1893,  19  D.  L.  p.  990,  Sec.  17.  (p.  406  of  this 
volume.) 


376  ACTS  OF  THE  GENERAL  ASSEMBLY, 

Lead  pencil    ^ziiich  packasres  shall  be  plainly  marked  and  securely  sealed 

or  cravon.  ir'  o  i  ,.'  ^ 

?cT^!i1-'ch2,^ith  wax/       -  ........ 

l^-^^."---        *.*.*-****- 

J^D^c^to^/s^of  Sec.  12.    It  shall  be  the  duty  of  each  inspector  of  election 

appearVt°  outside  of  the  Cit}'  of  Wilmington  to  appear  at  the  office  of  the 
the  c^rk  of  Clerk  of  the  Peace  of  his  county  on  the  day  preceding  the  elec- 
receivT bai*-°  ^^^^  before  the  hour  of  three  o  'clock  in  the  afternoon,  and  the 
b°efor  "eiec-  Clerk  of  the  Peace  shall  deliver  to  him  one  of  the  sealed  pack- 
tion.  jjg,gg  Qf  ballots*     *     *     for  his  hundred  or  election  district, 

Repealed,  "^  p  ■,      ^  t  •  -,  •,  -\ 

22  D.  L.  108,    and  the  said  inspector  shall  safely  keep  the  said  package  and 

To  keep         produce  the  same  at  the  place  of  election  and  at  the  time  of 

^^^^'  the  opening  of  the  election,  provided,  however,  that  in  case 

there  shall  be  a  vacancy  in  the  office  of  any  inspector  on  the 

day  preceding  the  election,  or  anj^  inspector  for  any  cause 

Failure  of      shall  iiot  apply  to  the  proper  Clerk  of  the  Peace  for  the  pack- 

to^caif for  °^  age  of  tickets  printed  for  his  hundred  or  election  district  by 

cferk  of  the   the  hour  of  three  o'clock  in  the  afternoon  of  the  day  preceding 

uver*to°  ^^'  the  election,  the  said  Clerk  of  the  Peace  shall  deliver  said  pack- 

whom.  ^gg  ^^  some  trusty  person,  who  shall  deliver  it  on  the  day  of 

the  election  to  the  inspector  of  election  of  such  hundred  or 

election  district  at  the  place  of  election  and  immediately  upon 

the  qualification  of  the  election  officers. 

To  whom  In  the  City  of  "Wilmington  it  shall  be  the  duty  of  the 

ei^ed^in  the^'  President  of  the  Department  of  Elections,  or  in.  case  he  cannot 
mfngton  ' '  attend  some  other  member  of  the  Department  of  Elections  au- 
thorized in  writing  by  the  President  of  the  Department  of 
Elections  to  appear  at  the  office  of  the  Clerk  of  the  Peace  of 
New  Castle  County  on  the  day  preceding  each  election,  on  or 
before  the  hour  of  three  o  'clock  in  the  afternoon,  and  the  said 
Clerk  of  the  Peace  shall  deliver  to  him  one  of  the  sealed  pack- 
Repealed,       ages     *     *     *     *     for  each  election  district  in  the  City  of 

p9T~)T       TOR 

See's.  '      '   Wilmington.     And   the    said   Department  of  Elections  shall 


1.  The  Clerk  of  the  Peace  shall  also  fold  the  ballots.  Act  IMay  20, 
1897,  20  D.  L.  p.  405,  Sec.  8,  p.  391,  Sec.  8  this  volume. 

2.  The  Clerk  of  the  Peace  now  supplies  one  dozen  indelible  black 
lead  pencils  or  indelible  black  crayons  for  each  election  district  (instead 
of  stamps  as  heretofore).  Act  March  2,  1901.  22  D.  L.  p.  108,  Sec.  3,  p.  395 
this  volume. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  377 

safely  keep  the  same  and  deliver  to  each  board  of  election  offi- 
cers at  the  polling-  place  on  the  day  of  the  election,  at  the  time 
provided  by  law  for  .the  delivery  of  the  ballot  boxes/  the  bal- 
lots intended  for  their  several  and  respective  districts. 

Sec.  13.     Any  inspector  or  any  other  election  officer  or  Penalty  of 
any  other  person  whatever  who  shall  break  any  package  con-  fleer  or  other 

*'  -"^  _  „  person 

tainina-  ballots     '*     *     *     *^     or  take  any  ballot  therefrom,  breaking 

°  p  ■  £  package  con- 

or  suffer  the  same  to  be  done  by  another,  before  the  openmg  oi  tainingbai- 

.  .  -,  lots,  before 

the  election,  shall  be  deemed  gnilty  of  a  misdemeanor  and  opening  of 

.  inij^Tii         election. 

upon  conviction  thereof  by  indictment  shall  be  lined  not  less  Repealed. 

22  D.  L.  107, 

than  three  hundred  dollars  nor  more  than  five  hundred  dol-  see.  3. 
lars,  and  may  at  the  discretion  of  the  court  be  imprisoned  for 
a  term  not  less  than  one  year  nor  more  than  two  years. 

Sec.  14.    If  by  accident  or  casualty  the  ballots  delivered  ^ogs  or  de- 
to  any  inspector  or  other  person  by  any  Clerk  of  the  Peace  bauots?^^  °^ 
shall  be  lost  or  destroyed,  it  shall  be  the  duty  of  such  person 
having  such  packages  in  his  custody  to  report  the  loss  at  once 
to  the  Clerk  of  the  Peace  from  whom  the  same  were  obtained 
and  make  affidavit  of  the  circumstances  of  the  loss,  whereupon 
such  Clerk  of  the  Peace  shall  at  once  re-supply  such  person.  o?banots!  ^ 
In  case  such  person  having  in  custody  said  package  fails  or  re- 
fuses to  report  and  make  proof  of  the  loss,  any  qualified  elec- 
tor may  do  so,  and  thereupon  such  Clerk  of  the  Peace  shall  at 
once  send  a  new  supply  by  some  trusty  person  as  provided  in 
other  cases.    In  case,  for  any  reason,  there  should  be  found  no  election  of- 
ballots  or  other  necessary  means  or  contrivances  for  voting,  at  ballots  or 
the  opening  of  the  election,  it  shall  be  the  duty  of  the  election  ^ottnl  at 
officers  at  such  election  place  to  secure  the  same  as  speedily  as  ^  ^°  '°"' 
possible,  and,  if  necessary,  such  election  officers  shall  have  bal- 
lots printed  or  written ;  provided,  however,  that  such  ballots  proviso, 
shall  conform  as  nearly  as  possible  to  the  official  ballots,  and 
the  printing  and  the  preparation  and  the  care  of  the  same 

1.  The  ballot  boxes  are  delivered  a  week  or  ten  days  before  election. 
The  ballots  the  day  preceding  the  election.  See  Act  June  1,  1S98,  21  D.  L. 
p.  109,  See.  3;  and  see  Sec.  8  of  Act  of  April  6,  1893,  19  D.  L.  p.  986  as  to 
municipal  elections,  (p.  401  of  this  volume.)  See  also  Act  May  15,  1891,  19 
D.  L.  p.  91,  Sec.  12,  p.  376. 

2.  Indelible  black  lead  pencils  or  indelible  black  crayons.  See  Act 
March  2,  1901,  22  D.  L.  p.  108.  (pp.  394-395  of  this  volume.) 


378 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Opening  of 
package  of 
ballots. 


Repealed. 
22  D.  L.  107. 
Sec.  3. 
Duty  of 
clerk  of 
election. 


Delivery  of 
ballots. 


.shall  be  under  the  same  provisions  and  penalties  as  the  print- 
ing- and  the  care  of  the  other  ballots  prescribed  in  this  Act. 

Sec.  15.  At  the  opening  of  the  election,  after  the  quali- 
fication of  the  several  officers,  and  in  the  presence  of  the  others, 
the  inspector  or  the  chairman  of  the  board  of  inspectors  shall 
open  the  package  of  ballots  in  such  a  manner  as  to  preserve  the 
seals  intact.  He  shall  then  deliver  to  the  clerk  of  the  election 
of  the  opposite  political  party  from  his  ovm,  twenty-five  of  the 
ballots     *     *     *     *     ******     #**#*^i 

The  clerks  of  the  election  shall  at  once  proceed  to  write  their 
initials,  in  ink,  on  the  ******  back  of  each  of 
the  said  ballots.-  in  their  ordinary  handwriting,  and  without 
any  distinguishing  mark  of  any  kind.  As  each  successive 
elector  calls  for  a  ballot  the  clerk  of  the  election  having  the 
custody  of  the  ballots  shall  deliver  to  him  the  first  signed  of 
the  twenty-five  ballots,  and  the  inspector  shall  immediately  de- 
liver to  the  said  clerk  of  the  election  another  ballot  which  the 
clerks  of  the  election  shall  at  once  countersign,  as  before,  and 
add  to  the  ballots  already  countersigned,  so  that  it  shall  be  de- 
livered for  voting  after  all  of  those  theretofore  countersigned. 


Instructions         '  Sec.  16.     The  Clerk  of  the  Peace  of  each  countv  shall 

for  voting.  .  i-i  t-t-iti't 

cause  to  be  printed  m  large  t^i^e  on  cards,  m  Lnglish  and  such 
other  language  as  he  may  deem  necessary,  instructions  for  the 
gmidance  of  electors  in  preparing  their  ballots.  He  shall  fur- 
nish twelve  of  such  cards  in  each  of  the  languages  determined 
upon  by  him  to  each  of  the  election  inspectors  at  the  same  time 
he  delivers  to  him  the  ballots  for  his  hundred  or  election  dis- 
inspectors  to  trict.     Each  inspector  shall  cause  to  be  posted  one  of  each  of 

have  cards 

posted.  said  cards  in  each  place  or  compartment    provided    for    the 

preparation  of  ballots,  and  one  of  each  kind  of  such  cards  at 
or  near  to  the  outer  end  of  the  enclosure  leading  to  the  polling 
place,  and  not  nearer  than  thirty  feet  of  the  polling  place,  and 
not  less  than  three  of  each  of  such  cards,  and  three  samples  of 


1.  Same  as  not  2,  p.   377. 

2.  The  clerks  now  write  the  initials  "in  ink  across  the  back  of  the 
ballot  as  folded,  and  near  the  middle  thereof."  Act  May  20,  1897,  20  D. 
L.  at  p.  406,  Sec.  9.   (p.  391,  Sec.  9  of  this  volume.) 


ACTS  OF  THE  GENERxVL  ASSEMBLY,  379 

each  of  the  ballots  in  and  about  the  polling  place  at  the  open- 
ing of  the  polls  on  the  day  of  election,  which  sample  ballots 
shall  be  printed  on  different  colored  paper  than  the  genuine 
ballots.  Said  cards  shall  contain  full  instructions  to  the  voters  ^^^^  ^j  .^_ 
as  to  what  must  be  done :  First,  to  obtain  ballots  for  voting ;  struction. 
second,  to  prepare  the  ballots  for  voting;  third,  to  obtain  a 
new  ballot  in  place  of  one  accidentally  defaced,  mutilated  or 
spoiled,  also  copies  of  Sections  24,  32,  33,  34  and  35  of  this  Act. 

Sec.  17.    One   challenger   appointed   and   designated  by 
each  political  party  as  hereinbefore  provided  shall  be  entitled  where  to 
to  stand  at  the  side  of  the  passage  and  near  the  entrance  to  the 
room.^    No  other  person  shall  remain  within  thirty  feet  of  said  No  other 

^  .  ,  "^  persons,  ex- 

entrance  except  for  the  purpose  of  offering  his  vote,  and  voters  cept  to  vote, 

.  '       .  .        to  be  within 

shall  approach  and  enter  the  passage  in  the  order  m  which  so  feet  of 

n  •  -r  p  ne      •         entrance. 

they  appear  for  the  purpose  of  voting.  If  any  person  offering 
to  vote  shall  be  challenged  by  one  of  such  challengers  or  by  Challengers. 
any  one  of  the  election  oiScers,  his  right  to  vote  shall  be  at 
once  determined  by  the  proper  officers'-  and  if  his  vote  is  re- 
fused he  shall  immediately  stand  aside  and  give  place  to  the 
person  next  in  line,  and  retire  without  delay  from  within  the 
thirty  feet  space  around  the  entrance  to  the  room. 

o-io<?j*  -«:  sji  -14  ^  ik  -s:  *  *  Repealed, 

Sec.  18.^      *->^^*=*=:*w        *ActMav2o, 

1897.  20  D.  L. 
**##=:;:*****##  403,  Sec.  1. 

Sec.  19.     When  a  voter  shall  have  been  passed  by  the  ^f*\™ter'to 
challengers  he  shall  be  admitted  to  the  election  room,"*  pro-  room'°" 


1.  See'  notes   to  Sec.   2   of  this  Act. 

2.  If  a  person's  name  be  found  in  the  Book  of  Registered  Voters,  he 
shall  be  permitted  to  vote  unless  a  majority  of  the  election  officers  decide 
he  is  not  the  person  whose  name  appears  on  the  book;  or  that  he  has  be- 
come disqualified  since  he  registered.  If  the  objection  or  challenge  is  on 
the  charge  of  bribery,  he  is  sworn,  and  his  oath  is  conclusive.  Act  June 
1,  189S.  21  D.  L.  p.  119.  Sec.  19.  See  also  Sees.  23  and  50.  Act  of  May  13, 
1891.  19  D.  L.  at  pp  148  and  157.   (pp.  287  and  300  of  this  volume.) 

3.  The  Act  of  May  20,  1897,  20  D.  L.  p.  403,  Sec.  1.  repealed  the  office 
of  Voters  Assistant,  and  the  Act  of  March  8,  1901,  22  D.  L.  p.  109,  re-en- 
acted it.     See  pp.  387  and  396  of  this  volume. 

(The  above  section  referred  to  Voters'  Assistant;  but  it  is  not  ap- 
plicable.    The  law  of  1901  applies.)  p.  396  of  this  volume. 

4.  The  clerks,  now,  are  the  challengers,  and  they  are  in  the  election 
room.  See  note  3  to  Sec.  2  of  this  Act.  (The  question  of  challengers  is 
one  of  doubt.) 


380  ACTS  OF  THE  GENERAL  ASSEMBLY. 

vided,  however,  that  there  shall  not  be  in  the  room  at  any 
vote^s^ad°/  °^®  ^^^®  more  than  one  voter  for  each  booth  therein.  On 
e?ect!on°  entering  the  room  the  voter  shall  announce  his  name  to  the 
room.  clerks  of  election  who  shall  register  it.     The  clerk  holding 

Ballot  and  ^^^  ballots  shall  deliver  to  him  one  ballot,  and  the  other 
lead  pencil     derk  shall  deliver  to   him  a     ^*     *     *     *     *     2*     *     *     * 

by  whom 

Repealed'  ^^  deemed  necessary,  by  unanimous  consent  of  the  election 
le?'4'^'''o  d"  officers  an  interpreter  may  be  called.  The  voter  shall  then, 
L.  404,  Sec.  1.  and  without  leaving  the  room,  go  alone  into  any  of  the 
voter.  booths  wliicli  may  be  unoccupied  and  indicate  the  candidates 

Preparing  for  whoiii  he  desires  to  vote  [in  the  manner  following.^  * 
Repealed,  **********]  Before  leaving  the  booth 
1897,^0  1)!°'  or  compartment  the  voter  shall  fold  his  ballot  so  that  no  part 
L.  403  Sec.  2.  ^^  ^j-^g  ^^^^  thereof  shall  be  exposed,  and  so  that  the  initials 

Ballots,  how  '-  ' 

folded.  of  the  clerks  of  the  election  shall  be  exposed  and  on  leaving 

Repealed.       the  booth  or  Compartment  shall  return  the     *     *     **     ^.^  ^j^g 

Act  March  2,  ^ 

1901.  22  D.  L.  clerk  of  the  election  and  deliver  the  ballot  to  the  inspector 

108,  Sec.  4.  .  _  •*■ 

or  to  the  judge  who  may  temporarily  be  authorized  to  act 

for  the  inspector,  who  shall  forthwith  in  the  presence  of  the 

Howde-        voter  and  of  the  other  election  officers  deposit  the  same  in 

posited.  '- 

^  ,     ,         the  ballot  box ;  and  the  clerks  of  the  election  shall  write  the 

Duty  of  ' 

clerks.  word  ' '  voted"  («)  ^  after  the  name  of  the  voter  on  the  poll  list ; 

Proviso.        provided,  Jiowever,  that  if  any  elector  shall  show  (*)  his  ballot, 
or  any  part  thereof  to  any  other  person  after  the  same  shall 
What  ballot    ^^^"^^  been  marked,  so  as  to  disclose  any  of  the  candidates 
le'jositeV^^    votcd  for,  sucli  ballot  shall  not  be  deposited  in  the  ballot 


1.  The  clerk  now  delivers  an  indelible  black  lead  pencil  or  an  indeli- 
ble black  crayon  instead  of  a  stamp.  Act  March  2,  1901,  22  D.  L.  p.  108, 
Sec.  4,  p.  395  this  volume. 

2.  Act  May  20,  1897,  20  D.  L.  p.  403,  Sec.  1  abolished  office  of  Voters' 
Assistant,  p.  387  this  volume.  Act  March  8,  1901,  22  D.  L.  p.  109,  re-en- 
acted  it.     P.    396   this    volume. 

3.  The  method  of  voting  is  set  out  in  the  Act  of  May  20,  1897,  20  D. 
L.  p.  403,  Sec.  2.  p.  387  this  volume,  and  the  Act  of  March  2,  1901,  22  D.  L. 
p.  107,  Sec.  2,  paragraph  2,  p.  394  this  volume. 

4.  The  voter  before  he  leaves  the  booth  must  return  the  lead  pencil 
or  crayon.  Act  March  2  1901,  22  D.  L.  108,  Sec.  4.  (It  used  to  be  the 
stamp.)    (p.    395    of    this    volume.) 

5.  The  name  of  the  voter  is  called  out,  and  it  is  entered  on  the  list 
of  polls,  and  the  word  "voted"  is  written  opposite  the  name  in  the  "Book 
of  Registered  Voters."     Act  June  1,  1898,  21  D.  L.  p.  118,  Sec.  18. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  381 

box.  A  minute  of  such  occurrence  shall  be  made  on  the 
poll  list  and  such  person  shall  not  be  allowed  to  vote  there- 
after. The  voter  shall  immediately  after  voting  leave  the 
room  and  upon  his  refusal  to  do  so  may  be  ejected  there- 
from, but  no  voter  to  whom  a  ballot  *  *  *  or  either,  ^o^d^^l'^'ios 
have  been  delivered  shall  be  permitted  to  leave  the  room  ^ec  4. 

.-,.  11P1      No  voter  to 

Without  voting  the  ballot  or  returning^  it  to  the  clerk  oi  the  leave  the 

«.^^-4,4t4t4tp  1  1  -T-j.    I'oom  with 

election,     *******     irom  whom  he  received  it.  baiiot. 
Any  voter  who  shall  attempt  to  leave  the  room  with  the  bal-  II^d^^k'i'os, 


xv^u     *     *     *     in  his  possession  shall  be  at  once  arrested  on  f,®*^,  ^' 

J.  O  D©  ct 

demand  of  an  election  officer.-  rested. 


(a)  The  notes  to  this  section  indicate  the  changes  in  the  method  of 
voting.  This  section  sho^vs,  step  by  step,  however,  what  the  voter  must 
do  in  voting,  and  unless  he  comply,  &c.,  he  cannot  vote,  for  voting  is  not 
a  "right"  but  a  "privilege."  Prior  to  1897  he  used  to  have  to  pay  a 
tax,  then  a  dollar  registration  fee;  now  he  simply  gets  registered. 

Comegys,  C.  J.:  "There  is  no  natural  right  to  vote.  (59)  *  * 
"Pay  your  tax  and  you  may  vote."  (65)  The 
whole  idea  of  our  original  government — that  before  1776 — was  that  only 
those  who  paid  taxes  should  vote ;  not  that  all  should  vote,  but  only  those 
who  helped  to  support  the  government.  It  was  a  privilege  conferred 
upon  such,  and  such  only. ' ' 

Frieszleben  vs.  Shallcross  et  al,  9  Houst.  1  at  59-60.  (yr.  1890) 

(&)  This  provision  does  not  allow  a  voter  to  sliow  his  ballot.  In  the 
case  below  cited  a  person  was  asked  lioiv  lie  voted.  Upon  objection  being 
made,  the  Court  said : 

Lore,  C.  J.:  " We  think  that  the  provision  for  secrecy  attending  the 
voting  gives  the  voter  the  privilege  of  disclosing  how 
he  voted  or  not,  as  he  wishes.  There  is  nothing  to  prevent  his  disclosing 
how  he  voted  if  he  sees  proper  to  do  so.  We  think  the  testimony  is  per- 
fectly competent  to  prove  how  he  voted. ' ' 

State  vs.  Matlack,  5  Penn.  401  at  417.   (yr.  1905) 

Sec.  20.     Not  more  than  one  person  shall  be  permitted  ^,     ^      ^ 

'■  ^  Number  of 

to  occupy  any  booth  at  one  time ;  and  no  person  shall  remain  persons  in 

^  ''         ^  7  J-  room  at  one 

in  or  occupy  a  booth  longer  than  may  be  necessary  to  pre-  time. 
pare  his  ballot,  and  in  no  event  longer  than  three  minutes. 
No  more  than  one  person  for  each  booth  in  the  room  other 
than  the  election  officers  shall  be  permitted  to  enter  or  be  in  ^. 

,  _    ^  Time  for 

the  election  room  at  any  one  time,  and  no  voter  or  person  voting. 


1.  See  Sec.   24  of  this  Act.   p.   382. 

2.  As  to  references  to  stamps,  and  for  penalty  for  carrying-  away  lead 
pencil  or  craj-on,  see  Act  March  2,  1901,  22  D.  L.  p.  108,  Sees.  2,  3  and  4. 
(pp.  394-395  of  this  volume.) 


382 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Conversa- 
tion. 


offering  to  vote  shall  hold  any  conversation  or  communicate 
with  any  other  person  than  an  election  officer  while  in  the 
election  room. 


Defaced  or  Sec.  21.     Any  pcrson  who  shall  by  accident  or  mistake 

mutilated  .,    ■      »  -i  -in 

ballots.  spoil,  deface  or  mutilate  his  ballot   may,    on   returning  the 

same  to  the  clerks  of  the  election  and  satisfying  them  that 
such  spoiling,  defacing  or  mutilation  was  not  intentional,  re- 
ceive another  in  place  thereof,  and  such  clerk  shall  make  a 
minute  of  the  facts  on  the  poll  lists  at  the  time,  and  the  mu- 
tilated ballot  shall  then  be  destroyed  by  the  elector  in  the 
presence  of  the  election  officers. 


Repealed, 
Act  May  20, 
1897,  20  D.  L. 
403,  Sec.  1. 


What  ballots 
not  de- 
posited. 


Sec.  22.^ 


Sec.  23.  No  inspector  of  election,  or  judge  acting  for 
the  inspector,  shall  deposit  any  ballot  upon  which  the  initials 
of  the  clerks  of  the  election  as  hereinbefore  provided  for  does 
not  appear  or  any  ballot  on  which  appears  externally  any 
distinguishing  mark,  defacement  or  mutilation. 


Penalty  for 
removing  or 
attempting 
to  remove 
ballots  from 
room,  or 
having  any 
ballot  out- 
side election 
room. 


Sec.  24.  Any  person  who  shall  remove-  or  attempt  to 
remove  a  ballot  *  *  *  from  the  election  room,  or  have 
in  his  possession  outside  of  the  election  room  any  ballot 
*  *  *  either  genuine  or  counterfeit,  during  the  election, 
shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
by  indictment,  shall  be  fined  not  less  than  two  hundred  dol- 
lars and  not  more  than  five  hundred  dollars  or  may  be  im- 
prisoned for  a  term  not  exceeding  two  years  and  not  less 
than  one. 


1.  Office  of  Voters'  Assistant  repealed  by  Act  May  20,  1897,  20  D.  L. 
p.  403,  Sec.  1.  (p.  387  of  this  volume.)  It  was  re-enacted  March  8,  1901,  22 
D.  L.  p.  109.   (p.  396  of  this  volume.) 

Sec.  1  of  the  Act  of  May  20,  1897,  contains  a  provision  as  to  physical 
disability  (to  which  the  above  section  referred)  and  provides  for  the  call- 
ing in  of  an  elector  or  electors,  but  on  this  question  see  Sec.  2  of  the  new 
Voters'  Assistant  Act  above,   (pp.  387  and  396  of  this  volume.) 

2.  For  penalty  for  removing  lead  pencil  or  crayon,  see  Act  March  2, 
1901,  22  D.  L.  p.  108,  Sec.  3.  (p.  395  of  this  volume.)  It  is  different  from 
the  penalty  in  the  above  section,  which  referred  to  stamps. 


ACTS  OF  TtlE  GENERAL  ASSEMBLY.  383 

Sec.  25.    That  the  election  officers,     *     *     *     *     before  ^^%%^l 
entering  upon  the  duties  of  their  office  shall  each  take  an  j^^l^^j^^ 
oath  that  he  will  not  disclose  the  name  of  any  voter  who  l^^-j^-  *'^^' 
may  change  or  alter  his  ballot  or  for  whom  he  voted  or  how 
he  marked  his  ballot  ;^  that  he  Avill  not  in   any   manner  at- 
tempt to  influence,  intimidate,  persuade,  bribe  or  coerce  any 
voter  in  the  marking  of  his  ballot  or  in  the  making  of  the 
choice  of  the  person  or  persons  for  whom  he  votes,  and  any 
election  officer     *     *     *     who  shall  violate  his  oath  in  any  l^o^^Ef^L^ibs 
of  these  particulars  shall  be  guilty  of  wilful  and  deliberate  ^^^- 1- 
perjury  and  upon  conviction  thereof  by  indictment  he  shall  ^°h^**°'^  °^ 
in  addition  to  the  penalties  and  disabilities  annexed  to  such  penalty. 
crime  be  fined  not  more  than  five  hundred  dollars  and  may 
at  the  discretion  of  the  court  be  imprisoned  not  exceeding 
two  years. 

^^^-  ^"-  Obsolete. 

Sec.  27.    In  the  counting  of  the  votes  anj^  ballot  which  is  wiiat  ballots 
not  endorsed  with  the  initials  of  the  clerks  of  the  election  as 
provided  in  this  Act,  and  any  ballot  which  shall  bear  any  dis- 
tinguishing mark  shall  be  void  and  shall  not  be  counted,  and 
any  ballot  or  part  of  a  ballot  from  which  it  is  impossible  to 
determine   the    elector's   choice   of    candidates    shall  not    be 
counted  as  to  the  candidate  or  candidates  affected  thereby ;-  Proviso. 
provided,  however,  that  such  ballots  and  all  disputed  ballots  Disputed 
shall  be  preserved  by  the  inspector  and  at  the  close  of  the  preserved. 
count  placed  with  the  seals  of  the  ballot  packages  in  the  box 
into  which  the  ballots  shall  have  been  put  when  read.     The 
election  officers  shall  also  record  on  the  tally  list  memoranda  Memoranda. 
of  such  ballots  and  the  condition  of  the  seal  of  the  ballot  pack- 
ages ;  and  in  any  contest  of  election  such  ballot  and  seals  may 
be  submitted  in  evidence.    Immediately  on  closing  the  polls  all 
the  ballots  remaining  imvotecl  or  unused  shall  be  counted  and 


1.  See  Act  May  20,  1897,  20  D.  L.  at  p.  406,  Sees.  10  and  11;  (pp.  391- 
392  of  this  volume)  and  see  Sec.  19  of  this  Act,  p.  379. 

2.  As  to  ballots  not  to  be  received  or  deposited  In  the  ballot  box,  see 
Act  of  June  1,  1898,  21  D.  L.  p.  118,  Sec.  19;  and  as  to  a  ballot  marked  in  a 
certain  way,  being  a  marked  ballot,  and  not  to  be  counted,  see  Act  of 
May  20,  1897,  20  D.  L.  pp.  403-404,  Sec.  2.  (p.  388  of  this  volume.) 


384 


ACTS  OF  TPIE  GENERAL  ASSEMBLY. 


baiiats"de-     clestrovecl  by  the  election  officers  of  the  several  hundreds  or 
stroyed.how.  election  districts  by  totally  consuming  by  fire,  and  the  elec- 
tion officers  shall  certify  the  number  of  ballots  so  destroj^ed  by 
them  on  the  respective  tally  lists. ^ 

Clerks  of  the  The  scvcral  Clerks  of  the  Peace  shall  preserve  the  ballots 

Peace  to  de-        „  .  .  „  . 

stroy  ballots  left  over  in  their  hands  after  supplvmo-  the  hundreds  and  elec- 

left  over.  .  .  T       *~ 

tion  districts,  as  hereinbefore  provided,  until  six  o'clock  P.  M. 
of  the  day  of  election,  and  shall  then  count  and  destroy,  by 
totally"  consuming  by  fire,  all  of  such  ballots  but  one,  which  he 
shall  preserve  in  his  office  as  a  record  together  with  his  certifi- 
cate of  the  number  of  ballots  counted  and  destroyed  by  him. 


Penalty  f  or 
neg-lect  or 
refusal  of 
Clerk  of  the 
Peace  to 
perform  the 
duties  under 
this  act. 
Repealed. 
22  D.  L.  108, 
Sec.  3. 


Sec.  28.  If  any  Clerk  of  the  Peace  or  his  clerk  or  any  one 
acting  for  him  shall  neglect  or  refuse  to  have  the  ballots 
*  *  *  *-  printed  and  prepared  according  to  the  provis- 
ions of  this  Act  f  or  shall  neglect  or  refuse  to  deliver  them  in 
time  to  the  parties  properly  entitled  to  receive  them,  or  shall 
neglect  or  refuse  to  do  or  perform  any  other  duty  in  and  about 
the  preparation  and  distribution  of  the  ballots  *  *  *  re- 
quired to  be  done  and  performed  by  him  by  the  provisions  of 
this  Act.  he  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  fined  not  less  than  one  nor  more  than  five  thousand  dollars 
and  he  may  in  the  discretion  of  the  court  be  imprisoned  for 
not  less  than  one  nor  more  than  five  vears. 


Penalty  for 
election  of- 
ficers reveal- 
ing certain 
knowledge. 
Repealed. 
Act  May  20. 
1897.  20  D.  L. 
403. 


Sec.  29.  If  any  person  being  an  election  officer  *  *  * 
shall  reveal  to  anj^  person  how  any  elector  has  voted  or  what 
person  or  persons  were  voted  for  by  him  on  any  ballot  or  give 
any  information  concerning  the  appearance  of  any  ballot 
voted,  such  person  or  persons  so  offending  shall  be  guilty  of  a 
misdemeanor  and  on  conviction  thereof  by  indictment  shall  be 
fined  not  more  than  five  hundred  dollars  and  be  imprisoned 
not  less  than  two  vears  and  not  more  than  five  vears.* 


1.  As  to  the  bollots  voted  and  the  ballot  boxes,  see  Act  June  1,  1S98, 
21  D.  L.  p.  122,  Sec.  23;  and  also  p.  132,  Sec.  30. 

2.  See  Act  March  2,  1901,  22  D.  L.  108,   Sec.  3  as  to  lead  pencils  and 
crayons,   (p.   395  of  this  volume.) 

3.  See  Sec.  8  of  this  Act,  p.  373. 

4.  See  note  to  Sec.   25  of  this  Act,  p.  383. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  385 

Sec.  30.    Any  person  who  shall  falsely  make  or  fraudu-  f^iseiy^or"^ 
lently  deface  or  fraudulently  destroy  any  certificate  of  nomi-  ^'g^g^royfng!^ 
nation  or  any  part  hereof ;  or  file  any  certificate  of  nomina-  certiffcate  of 
tion  kno\^ang  the  same  or  any  part  thereof  to  be  falsely  made ;  nominations. 
or  suppress  any  certificate  of  nomination  which  has  been  duly 
filed  or  any  part  thereof ;  or  forge  or  falsely  make  the  official 
indorsement  of  any  ballot  ;^  or  print  or  cause  to  be  printed  any 
imitation  ballot  or  circulate  the  same ;  or  conspire  with  others 
to  do  any  of  said  acts,  or  induce  or  attempt  to  induce  any 
other  person  to  do  any  of  said  acts,  whether  or  not  said  acts  or 
any  of  them  be  committed  or  attempted  to  be  committed,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  there- 
of shall  be  fined  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars  or  imprisoned  in  the  discretion  of  the 
court  not  more  than  five  years. 

Sec.  31.    If  any  Clerk  of  the  Peace,  inspector  of  election,  penaitvfor 
clerk    of   election    or    judge    of    elections    or    trusty    person  ^ny^pro^is- 
*     *     *-     shall  willfully  violate  any  of  the  provisions  of  this  J^^^   of  this 
Act  in  the  performance  of  any  duty  herein  imposed  upon  him  ^^]^^ l^4'o3 
for  the  violation  of  which  no  other  punishment  is  herein  pro-  See.  i. 
vided  he  shall  be  deemed  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  shall  be  fined  not  less  than  three  nor  more 
than  five  hundred  dollars  and  may  in  the  discretion  of  the 
court  be  imprisoned  for  a  term  not  exceeding  three  years.'' 

Sec.  32.     The  Sheriff  shall  make  the  ballot  boxes  and  the 

Duty  of 

tally  lists  and  all  other  papers  to  be  delivered  to  the  several  in-  sheriff. 
spectors  conform  to  the  requirements  of  this  Act."*     The  in- 
spector or  the  trusty  person  for  his  services  in  receiving  and 

"^    ^  "^  Compensa- 

delivering  at  the  place  of  holding  the  election  as  aforesaid  the  tion  of  in- 

.     .  .,,  .  spector  or 

packages  containing  the  ballots     *     *     *     shall  receive  two  trusty  person 
dollars. 


1.  See  Act  April  6,  1893  19  D.  L.  p  990,  Sec  17.  (p.  406  of  this  volume.) 

2.  OfHce  of  Voters'  Assistant  abolished.  Act  May  20,  1897,  20  D.  L. 
p.  403,  Sec.  1.  (p.  387  of  this  volume).  The  office  was  re-enacted  by  Act 
March  8,   1901,  22  D.  L.  p.  109.   (p.  396  of  this  volume.) 

3.  See  Act  May  20,  1897,  20  D.  L.  p.  407,  Sec.  13,  which  provides  the 
penalty  shall  not  exceed  two  years.  (This  section  included  a  challenger, 
also.)   p.  392  this  volume. 

4.  See  Act  June  1,  1898,   21  D.  L.  p.  109,   Sees.  3  and  4. 


386 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Penalty  for 
entering  or 
attempting 
to  enter  elec- 
tion room  or 
railing  con- 
trary to  this 
Act. 


Sec.  33.  If  any  person  not  herein  authorized  so  to  do 
shall  enter  or  attempt  to  enter  the  election  room,  or  enter  or 
attempt  to  enter  within  the  railing  leading  to  the  entrance  of 
the  election  room,  or  shall  remain  within  thirty  feet^  of  the 
polling  place  contrary  to  the  provisions  hereinbefore  made,  he 
shall  be  guilty  of  a  misdemeanor  and  on  conviction  thereof  be 
fined  not  more  than  two  hundred  dollars.- 


Distinguish- 
ing  marks 
on  ballot. 


Penalty  for 
making. 


Sec.  34.  If  any  person  shall  induce  or  attempt  to  induce 
any  elector  to  write,  paste  or  otherwise  place  on  his  ballot  the 
name  of  any  person  or  any  sign  or  device  of  any  kind  as  a  dis- 
tinguishing mark  by  which  to  indicate  to  any  other  person  how 
such  elector  has  voted,  or  shall  enter  into  or  attempt  to  form 
any  agreement  or  conspiracy  with  any  other  person  to  induce 
or  attempt  to  induce  electors  or  any  electors  to  so  place  any 
distinguishing  mark  or  name  on  his  'ballot  whether  or  not  said 
act  be  committed  or  attempted  to  be  committed,  such  person  so 
offending  shall  be  guilty  of  a  misdemeanor  and  on  conviction 
be  imprisoned  for  not  exceeding  two  years. 


Inducing 
election  of- 
ficers to  vio- 
late the  pro- 
visions of 
this  Act. 


Duty  of 
inspector. 


Oath  of 
election 
officers. 


Sec.  35.  If  any  person  shall  induce  or  attempt  to  induce 
any  election  officer  to  violate  any  of  the  provisions  of  this  Act 
whether  or  not  such  election  officer  shall  violate  or  attempt  to 
violate  any  of  the  provisions  of  this  Act,  such  person  so  offend- 
ing shall  be  guilty  of  a  misdemeanor  and  on  conviction  shall  be 
imprisoned  for  a  term  not  exceeding  five  years.  It  shall  be  the 
duty  of  each  inspector  to  distinctly  read  this  and  the  preced- 
ing section  to  the  election  officers  at  the  opening  of  the  polls 
and  each  member  thereof  shall  thereupon  take  an  oath  that 
he  has  not  violated  and  will  not  violate  the  provisions  of  said 
sections. 


Penalty  for 
tearing  down 
or  destroy- 
ing conven- 
iences at 
voting 
place. 


Sec.  36.  Any  person  who  shall  during  the  election  remove 
or  destroy  any  of  the  supplies  or  other  conveniences  placed  in 
the  booths  as  aforesaid  or  delivered  to  the  voter  for  the  pur- 
pose of  enabling  the  voter  to  prepare  his  ballot,  or  shall  dur- 


1.  See  Act  May  20,  1897,  20  D.  L.  p.  405,   Sec.  6;  p.  390  this  volume. 

2.  See  Act  June  1,  1898,  21  D.  L.  p.  117,  Sees.  15  and  16,  and  Sees.  17. 
19  and  20  of  this  Act.  See  also  Act  of  May  20,  1897,  20  D.  L.  p.  405,  Sec.  7; 
p.  390  of  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  387 

ing  an  election  remove,  tear  down  or  deface  the  cards  printed 
for  the  instruction  of  the  voters,  or  shall  during  an  election  de- 
stroy or  remove  any  booth,  railing  or  other  convenience  pro- 
vided for  such  election,  or  shall  induce  or  attempt  to  induce 
any  person  to  commit  any  of  such  acts  whether  or  not  any 
such  acts  are  committed  or  attempted  to  be  committed,  shall  be 
guilty  of  a  misdemeanor  and  on  conviction  shall  be  punished 
by  imprisonment  for  not  less  than  six  months  nor  more  than 
one  year/ 

Q„_,    Q7  *********  Expenses, 

^^^-  ^'-  how  paid. 

All  necessary  costs  and  expenses  incurred  by  the  inspector  and 
Clerks  of  the  Peace  in  carrying  into  effect  the  provisions  of 
this  Act  shall  be  paid  as  other  county  expenses  are  paid. 

Sec.  38.     This  Act  shall  apply  to  all  municipal  elections  to  what 
held  in  the   City  of  Wilmington,     ********  pro^viSs^o^f 
but  it  shall  not  apply    ************  ^"^iSj^^^ 
***********     to  the  election  for  mem- 
bers of  the  Board  of  Education  in  the  City  of  Wilmington. 

Sec.  39.    All  Acts  or  parts  of  Acts  inconsistent  with  this  ^c^ts"re-**^'^'^ 
Act  are  hereby  repealed.  peaied. 

Passed  at  Dover,  May  15,  1891. 


-AN  ACT  to  Further  Provide  for  the  Secrecy  and  Purity  0/ 20  d.  L.403. 

the  Ballot. 

Section  l.^      (*)         *         *         *         *         *         *         *  Abolished. 
Provided,  that  any  person  who  shall  be  physically  unable  to  ^,j^^  ^     ^^ 
prepare,     *     *     *     or  fold  his  ballot  by  reason  of  such  defec-  assisted. 
tive  eyesight,  or  the  loss  of  the  use  of  one  or  both  hands,  or  in- 


1.  See  Act  May  13,  1891,  19  D.  L.  p.  156,  Sec.  49;  p.  300  of  this  volume. 

2.  This  Act  is  expressly  made  applicable  to  all  municipal  elections 
held  in  the  City  of  V^ilming-ton  by  Act  of  May  27,  1897,  20  D.  L.  407.  See 
p.   414  this  volume. 

3.  The  office  of  Voters'  Assistant  repealed  by  this  Act,  was  re-en- 
acted by  Act  of  March  8,  1901,  22  D.  L.  p.  109,  p.  396  this  volume. 

Under  this  Act  (Sec.  2  thereof)  the  voter  takes  the  Voters'  Assistants 
in  the  booth  upon  mere  request  regardless  of  physical  disability,  i.  e.,  un- 
der the  Act  of  1901. 


388 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Feigning 
physical  de- 
fects, misde- 
meanor. 

Punishment. 


ability  to  walk  with  safety  without  assistance,  as  manifestly 
renders  him  unable  to  prepare,  *  *  *  or  fold  his  bal- 
lot, or  to  reach  the  pollings  place  alone  with  safety,  shall 
be  permitted  to  bring  with  him  into  the  election  room  and 
booth  any  elector  (or  two  electors  if  the  nature  of  the  disabil- 
ity manifestl}''  requires  more  than  one,  such  as  a  total  disabil- 
ity to  walk)  of  the  polling  district  for  the  purpose  of  render- 
ing him  the  necessary  assistance.  In  case  any  elector  shall 
feign  any  of  such  physical  defects  he  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  by  indictment  shall  be 
fined  one  hundred  dollars  and  shall  be  imprisoned  for  noc 
more  than  two  vears. 


Printing  of 
ballots. 


Marking 
ballot; 


Changing 
ballot. 


Marked 
ballot. 


Sec.  2.  That  all  ballots  hereafter  to  be  printed  under  au- 
thority of  any  law  of  this  State  for  use  at  any  general  or  spe- 
cial election  shall  be  so  printed  that  no  small  square  shall  be 
placed  opposite  the  name  of  any  person  on  any  ballot,  and 
any  elector  desiring  to  vote  at  any  such  election  shall  stamp^ 
his  ballot  in  the  large  square  enclosing  the  device  at  the  head 
of  any  ticket  printed  on  the  official  ballot,  and  may  cross  out 
the  name  of  any  person  appearing  on  the  said  ticket  under  the 
square  so  stamped  by  him.  and  if  he  so  desires,  may  insert  in 
lieu  of  the  name  so  crossed  out  the  name  of.  any  other  person 
nominated  for  the  same  office  as  the  person  whose  name  is 
crossed  out,  using  only  a  black  lead  pencil-  for  such  purpose. 
And  it  is  hereby  expressly  provided  that  if  in  lieu  of  the  name 
of  any  person  so  crossed  out  the  name  of  any  person  not  nomi- 
nated for  the  office  for  which  he  is  thus  voted  and  whose  name 
is  not  printed  on  said  ballot,  the  ballot  containing  such  name 
shall  be  treated  as  and  is  hereby  declared  to  be  a  marked  ballot 
and  void  and  shall  not  be  counted. 


Challengers  ggc.  3.    That  the  challengers  of  the  Democratic  and  Re- 

to  have  ° 

powers  of      publican  parties,  respectively,  chosen  for  any  general  or  spe- 

p63/C6  or  ~ 

cers.  cial  election  hereafter  to  be  held,  shall  be  Peace  Officers  of 

the  State  with  the  same  powers  for  preserving  the  peace  as 


1.  Electors  now  "mark"   their  ballots.     See  note  following. 

2.  An  indelible  black  lead  pencil  or  indelible  black  crayon  is  now  re- 
quired by  Act  of  March  2,  1901.  22  D.  L.  p.  107,  Sees.  1  and  2;  p.  394  this 
volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  389 

Inspectors  of  Election  now  have,  and  in  the  election  districts  Not  to  enter 

^  '  polling 

outside  the  City  of  Wilmington  the  challengers  shall  be  sta-  places. 
tioned  outside  the  entrance  to  the  polling  room,  and  shall 
not  be  allowed  inside  of  said  room.     Any  person  resisting  j^pgig^i,.,™ 
such  challenger  or  challengers,  shall  be  deemed  gxiilty  of  a  ^^|j|"^*^''^ 
misdemeanor  and  upon    conviction    thereof    by  indictment  meaner, 
shall  be  fined  not  more  than  one  hundred  dollars  and  may, 
at  the  discretion  of  the  court,  be  imprisoned  for  a  term  not 
exceeding  one  year ;  and  in  the  City  of  Wilmington  the  said  j^^  ^-uming- 
challengers  shall  act  as  Clerks^  of  Election  and  perform  all  [gngert^shaii 
the  duties  now  incumbent  upon  the  Clerks  of  Election,  and  ^^t  as  clerks 

^  '  of  election. 

before  entering  upon  such  duties  shall  be  sworn  as  Clerks  of 
Election  are  now  required  to  be  sworn  to  perform  their  du-  oath. 
ties  as  Clerks  of  Election,  and  receive  compensation  as  such. 
Such  Clerks  of  Election  and  challengers  in  the  City  of  Wil- 
mington shall  be  appointed-  by  the  respective  County  Com- 
mittees of  the  Democratic  and  Republican  parties,  and  the 
challengers  in  the  election  districts  outside  of  the  City  of  jj^^ 
Wilmington  shall  be  selected  and  named  by  the  County  Com-  appointed, 
mittees  of  the  said  parties. 

Sec.  4.  The  County  Committees  of  the  Democratic  and  judges,  how 
Republican  parties  in  each  county  shall  name  and  select  each  ^®  ®°  ® 
a  Judge^  of  Election  for  each  election  district  outside  of  the 
City  of  Wilmington,  who  shall  be  appointed  and  qualified  at 
the  time  and  perform  the  duties  as  now  provided  by  law  of 
Judges  of  Election  in  the  districts  for  which  they  are  chosen 
respectively. 

Sec.  5.  That  wherever  in  the  laws  of  this  State  relating  words  de- 
to  general  or  special  elections  the  words  "principal  political 
parties"  now  occur,  or  words  equivalent  thereto  or  so  desig- 
nating parties  shall  be  used,  the  same  shall  be  taken  to  des- 
ignate and  are  hereby  declared  to  designate  the  Democratic 
party  and  the  Republican  party. 


1.  See  Act  June  1,  1898,  21  D.  L.  p.  116,  Sec.  13.  which  provides  that 
each  Judge  shall  choose  one  clei-k  of  the  election. 

2.  ■  See  above  note  1,  and  note  3,  p.  370  of  this  volume. 

3.  Supplied  by  Sec.  10  of  above  Act.     21  D.  L.  at  p.   114. 


390  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Special  of-  ggc.  6.     That  the  Democratic  and  Republican  County 

trance  of        Committees  may  each  select  and  designate  one  suitable,  re- 

pollmg  place.  "^  _      ^^  ' 

putable  and  sober  person  as  a  special  officer  to  stand  at  the 
entrance  of  the  polling  place,  to  be  not  less  than  thirty  feet 
away  from  the  entrance  to  the  voting  room  as  now  provided 
by  law,  to  regulate  the  admission  of  persons  to  the  polling 
place,  and  while  so  stationed  and  performing  their  duties  as 
herein  provided,  the  persons  so  designated  shall  be  clothed 
with  all  the  powers  of  officers  of  the  peace  as  those  now 
given  by  law  to  inspectors  of  election,  and  any  person  resist- 
ing such  special  officer  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  by  indictment,  shall  be 
fined  not  more  than  one  hundred  dollars  and  may,  at  the  dis- 
cretion of  the  court,  be  imprisoned  for  a  term  not  exceeding 
one  year. 

Unlawfully  ggc,  7/    Before  the  hour  of  opening  the  polls  on  the  day 

entering  x  o  x 

voting  room   of  election  and  at  the  time  of  opening  the  election  and  after- 

or  doing  any  j.  o 

unlawful  act.  wards  at  any  time  during  the  day  of  the  election  and  before 
the  hour  of  closing  the  election,  if  any  person  or  persons 
shall  enter  the  voting  room  or  attempt  to  enter  the  same  for 
the  purpose  of  interfering  with  the  election  officers  in  the 
discharge  of  their  duties  as  such  or  for  any  purpose,  or  shall 
attempt  to  molest,  disturb  or  prevent  the  election  officers 
from  proceeding  regularly  with  any  general  or  special  elec- 
tion, or  shall  take  charge  of  or  attempt  to  take  charge  of 
any  voting  room  within  in  the  time  herein  mentioned  for  the 
purpose  of  preventing  or  delaying  an  election  or  for  any 
other  purpose  on  election  day,  shall  be  deemed  guilty  of  a 
yiis&e-  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 

meaner.  jggg  than  three  nor  more  than  five  hundred  dollars,  and  shall 
Punishment,  i-jg  imprisoned  for  a  term  not  exceeding  three  years,  pro- 
Each  party  videcl,  that  a  single  representative  of  each  political  party, 
resented  at'  leaving  nominated  a  ticket,  and  such  party  being  represented 
tkfn^foTand  °^  ^^^  ballot  then  printed  for  any  general  or  special  election, 
efeetion^^      may  at  the  opening  of  the  election  be  present  to  aid  in  the. 


1.     This   section  is   supplied  in  almost  similar  language   in  Sec.   16   of 
Act  of  June  1,  1898,   21  D.  L.  p.  117. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  391 

proper  qualification  of  the  several  election  officers,  and  to 
see  that  the  ballot  boxes,  tickets,  blanks,  etc.,  are  all  in 
proper  condition ;  but  as  soon  as  the  election  officers  shall  be 
qualified  and  ready  to  open  the  elections,  the  proper  hour 
therefor  having  arrived,  such  representatives  of  each  politi- 
cal party  shall  immediately  retire  from  the  election  room ; 
provided,  further,  that  such  persons  may  first  vote  before 
retiring  if  they  shall  so  desire. 

Sec.  8.    That  in  addition  to  the  duties  now  required  of  ^^(^rVi  of 

'■  _        Peace  to 

the  Clerk  of  the  Peace  in  said  county  relative  to  the  printing  have  ballots 

folded. 

and  delivering  of  the  ballots,  each  of  said  Clerks  of  the 
Peace  shall,  before  delivering  said  ballots  to  the  several  in- 
spectors of  his  county  as  now  required  by  law,  cause  said 
ballots  to  be  folded  in  one  uniform  manner  in  his  county,  in 
convenient  form  to  be  deposited  in  the  ballot  boxes,  and  so 
folded  that  no  part  of  the  face  of  the  ballot  shall  be  ex- 
posed.^ 

Sec.  9.    That  the  clerks  of  the  elections  shall  write  their  initials  of 

clerks  of 

initials  in  ink  across  the  back  of  the  ballot  as  folded,  and  election  on 

.  1  .  back  of 

near  the  middle  thereof,  m  lieu  of  the  manner  m  which  they  ballots. 
have  heretofore  been  required  to  do ;  and  the  voter  before 
leaving  the  booth  or  compartment  shall  fold  his  ballot  as_  ,^. 

'^  ^  .  .  Folding 

near  as  he  can  in  the  same  manner  in  which  it  was  handed  baiiot  by 

voter. 

to  him ;  but  failing  to  do  this  he  must  fold  it  so  that  no  part 
of  the  face  thereof  shall  be  exposed^  and  so  that  the  initials 
of  the  clerks  of  the  election  shall  be  exposed. 

Sec.  10.     In  case  any  elector  who  may  be  selected  to  as-  Eie9tor  as- 

"^  sistmg  voter 

sist  any  person  by  reason  of  the  physical  defects  hereinabove  disclosing 
mentioned  shall  reveal  how  such  elector  has  voted  or  what  vote. 
person  or  persons  were  voted  for  by  him  on  any  ballot  or 
give  any  information  concerning  the  appearance  of  any  bal- 


1.  These  duties  are  performed  by  Department  of  Elections  as  to 
Municipal  Elections  in  Wilmington.  See  Act  of  April  6,  1893,  19  D.  L.  p. 
986,  Sec.  8,  at  p.  401  this  volume. 

2.  There  shall  be  no  examination  of  a  ballot  except  to  see  that  it  is 
single.     Act  June  1,  1S98.  21  D.  L.  p.  118,  Sec.  18. 


392 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


lot  voted,  such  elector  or  electors  so  offending  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  by  indictment 
Punishment  ^hall  be  fined  one  hundred  dollars  and  shall  be  imprisoned 
not  less  than  one  nor  more  than  three  years/ 


Misde- 
meanor. 


Officer  of 
election  com- 
mitting un- 
lawful act. 


Misde- 
meanor. 


Punishment. 


Sec.  11.  That  if  any  inspector  of  election,  judge  of 
election,  clerk  of  election  or  challenger,  shall  in  any  way  or 
manner  or  by  any  means  or  device  whatsoever  make  kno^vn 
or  communicate  by  any  means  whatsoever  or  shall  attempt 
to  make  known  or  communicate  by  any  means  whatso- 
ever, to  any  person  or  persons  on  election  day  while  the 
election  is  in  progress,  or  at  any  time  thereafter,  how  any 
elector  has  or  shall  have  voted,  he  shall  be  guilty  of  a  mis- 
demeanor and  upon  conviction  thereof  he  shall  be  fined  not 
less  than  one  hundred  dollars  and  may,  in  the  discretion  of 
the  court,  be  imprisoned  for  a  term  not  exceeding  one  year.^ 


Secreting 
one's  self  in 
election 
room. 


Sec.  12.  That  if  any  person  other  than  the  election  of- 
ficers shall  secrete  or  attempt  to  secrete  himself  in  any  part 
of  the  polling  room  during  the  hours  of  election  for  any  pur- 
pose whatsoever,  he  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  he  shall  be  fined  not  less  than 
Punishment,  ^^g  hundred  dollars,  and  may  in  the  discretion  of  the  court 
be  imprisoned  for  a  term  not  exceeding  one  year. 


Misde- 
meanor. 


Any  viola- 
tion of  this 
act. 


Misde- 
meanor. 


Punishment. 


Sec.  13.  If  any  clerk  of  the  peace,  inspector  of  election, 
judge  of  election,  clerk  of  election  or  challenger,  shall  wil- 
fully violate  any  of  the  provisions  of  this  act  in  the  perform- 
ance of  any  duty  herein  imposed  upon  him  for  the  violation 
of  which  no  other  punishment  is  now  provided  by  law,  he 
shall  be  deemed  guilty  of  a  misdemeanor  and  upon  convic- 
tion thereof  he  shall  be  fined  not  less  (than)  three  nor  more 
than  five  hundred  dollars  and  maj'  in  the  discretion  of  the 
court  be  imprisoned  for  a  term  not  exceeding  two  years. 


1.  See  note  to  Sec.   11  of  this  Act. 

2.  See  Act  May  15.  1891.  19  D.  L.  85.  Sees.  25  and  29  at  pp.  97  and  99; 
(pp.   383-384   of  this  volume.) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  393 

Sec.  1-1.    That  all  acts  or  parts  of  acts  inconsistent  with 
this  act  are  hereby  repealed. 

Passed  at  Dover,  May  20,  1897. 


A  FURTHER  SUPPLEMENT  to  the  act  entitled  ''An  Acf  lo?;^.  pp. 
Regulating  the  General  Election." 
Section  1.    That  if  any  person  shall,  either  for  himself  or  fejiaity  for 

^    ^  '  betting  on 

for  another  or  others,  at  any  time  either  before  or  pending  any  elections. 
election  in  this  State  for  public  officers  or  during  the  reading 
out  and  tallying  the  votes,  lay  any  wager  or  bet  («)  on  the  re- 
sult of  such  election  or  on  the  election  or  defeat  of  any  candi- 
date or  person  voted  for  at  such  election,  every  person  so  of- 
fending shall  forfeit  and  pay  to  any  person  who  will  sue  for 
the  same,  double  the  amount  of  such  wager  or  bet,  or  double 
the  value  of  the  thing  betted ;  to  be  recovered  with  costs  by 
any  person  who  will  sue  for  the  same  in  his  own  name  by  an 
action  of  debt  as  other  actions  for  a  like  amount  are  recover- 
able by  law.  The  stake-holder  shall  in  all  cases  be  a  competent  fom^fiteift^'" 
witness  to  prove  such  illegal  wager.  .  witness. 

(a)  "The  bet  was  between  Alexander  Porter,  the  pi 'tiff,  and  a  cer- 
tain Joseph  Williams,  of  fifty  dollars,  on  each  side,  and  was  in  these 
M'ords :  ' '  that  if  Michael  Downey  should  receive  more  votes  in  the  City  of 
Wilmington  and  hundred  of  Christiana  *  *  than  Joseph  Williams 
would  receive  in  the  whole  county,  then  Porter  was  to  win;  otherwise 
William  to  win."  (517.) 

Chief  Justice:  "On  another  ground,  also,  this  bet  seems  to  us  to  be 
objectionable,  that  of  improperly  interfering  with 
the  private  rights  and  the  feelings  of  third  persons.  Upon  what  principle 
had  the  parties  here  the  right  to  bet  on  the  personal  popularity  of  Michael 
Downy  or  of  Joseph  Williams.  These  individuals  had  the  right  to  stand 
before  the  public,  and  to  have  their  claims  to  office  tested  without  such 
an  interference  by  third  persons  as  must  necessarily  have  some  effect  on 
the  result.     Our  opinion,  therefore,  is,  that  the  bet  is  illegal. ' ' 

Porter  vs.  Sawyer,  1  Har.  517  at  519.   (yr.  1835) 

' '  The  action  below  was  on  a  wager  on  the  result  of  the  general  elec- 
tion in  New  Castle  County,  and  the  bet  was  made  on  the  election  day, 
after  the  polls  were  closed^  but  before  the  votes  were  canvassed. 

The  only  question  was,  whether  such  a  wager  could  be  recovered  in 
a  court  of  justice.  The  Court  decided  that  the  matter  was  within  the 
policy  prohibiting  betting  on  elections,  and  that  the  case  was  within  the 
principle  of  Porter  vs.  Sawyer,  1  Har.  517. ' ' 

Gardner,  d.  b.  a.  vs.  Nolen,  p.  b.  r.  3  Har.  420.   (yr.  1842) 

Sec.  2.    If  any  stake-holder  («)  or  person  with  whom  anv  Penalty  on 
money  or  thing  so  illegally  betted  shall  be  deposited,  shall  at  paying  over. 


394 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Persons  bet- 
ting to  be 
competent 
witnesses. 


any  time  either  before  or  after  the  bet  shall  have  been  decided, 
pay  over  or  deliver  to  either  or  both  of  the  persons  betting  the 
same,  or  to  any  other  person  by  the  order  or  for  the  use  of 
them  or  either  of  them,  every  such  stake-holder  or  depository 
shall  be  deemed  equally  guilty  with  the  person  so  betting,  and 
shall  be  liable  to  the  same  forfeitures,  to  be  sued  for  and  re- 
covered in  like  manner — and  either  of  the  persons  betting  shall 
be  a  competent  witness  against  him. 

(a)   Eecovery  cannot  be  had  against  a  stakeholder. 
Gardner  vs.  Grubb,  4  Houst.  448.  (yr.  1872) 
Porter  vs.  Sawyer,  1  Har."  517  at  519.   (yr.  1835) 


Sec.  3.        *        *^        *        *        * 
Passed  at  Dover,  February  11,  1845. 


22  D.  L.  107.  AN  ACT  providing  that  the  official  ballots  shall  hereafter  he 
marked  hy  the  Voter  when  indicating  his  Choice  of  Can- 
didates with  an  indelible  black  lead  pencil  or  indelible 
black  crayon. 

Section  1.  That  whenever,  under  any  provision  of  the 
laws  of  this  State,  any  voter  or  elector,  at  any  election  here- 
after to  be  held  in  this  State,  is  required  to  indicate  on  the  of- 
ficial ballot  the  candidates  for  whom  he- desires  to  vote  at  such 
election,  by  marking  his  ballot  in  such  manner  as  to  indicate 
for  whom  he  casts  his  vote,  every  such  voter  or  elector,  at  any 
election  aforesaid,  shall  indicate  his  choice  of  candidates  afore- 
said by  marking  his  ballot  with  an  indelible  black  lead  pencil 
or  indelible  black  crayon,  and  shall  not  use  any  other  means  or 
instrumentality  for  such  purpose. 


To  mark  the 

official 

ballot. 


What  to  be 
used. 


Sec.  2.    That  any  and  all  mark  or  marks  uoav  required  by 

the  laws  of  this  State,  to  be  made  on  any  official  ballot,  used  at 

^,   „  any  election  hereafter  held  in  this  State,  shall  be  made  by  the 

Shall  use  ^  . 

black  pencil    use  of  the  pencil  or  crayon  mentioned  in  Section  1  of  this  Act. 

or  crayon.  "^ 

Any  elector  desiring  to  vote  at  any  such  election  shall 
make  a  mark,  crossing  two  lines  with  the  pencil  or  crayon 
aforesaid,  in  the  large  square  enclosing  the  device  at  the  head 
or  top  of  any  ticket  printed  on  the  official  ballot,  in  lieu  of  any 


Mark  made 
shall  be  two 
crossed  lines 
in  the 
square. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  395 

mark  now  required  to  be  made  with  a  stamp ;  provided,  how-  ^nffmTof^ 
ever,  that  any  voter  mav  cross  out,  or  scratch  off,  the  name  of  ^"f  ^t"'Ji' 

'•'•''  '  date,  but 

any  person  appearing  on  the  said  ballot  under  the  square  so  ^j^J^j^^'g^cii 
marked  by  him,  and  in  lieu  thereof  may  or  may  not  write  in  aforesaid, 
said   ballot   immediately   over  the   name   so   crossed   out   or  not  write  in 
scratched  off,  the  name  of  any  other  person  who  is  a  candidate  other  candi- 
for  the  same  office  at  said  election,  and  the  said  changes  shall  change  to  be 
be  made  with  the  pencil  or  crayon  aforesaid.  ™en*cu^r*^ 

crayon 
aforesaid. 

Sec.  3.     That  it  shall  be  the  duty  of  the  several  persons 

.       ^  Duty  of 

who,  at  the  time  this  Act  becomes  a  law,  are  required  by  the  those  re- 

.,,„.,  jf  ^      quired  to 

laws  of  this  State  to  provide  and  furnish  any  stamp  tor  the  furnish 

.  •  T    '        T    f»  •   1       •      nieans  for 

use  of  the  voters  at  any  election,  to  provide  and  lurnish,  m  marking  bai- 

lieu  thereof,  at  least  one  dozen  indelible  black  lead  pencils  or 

black  crayons  for  and  to  each  and  every  election  district,  in 

which  any  election  as  aforesaid  is  to  be  held,  for  the  use  of  the 

voters  in  said  election  district  at  any  such  election.     If  any  Penalty  for 

removing  or 

person  shall  mutilate,  destroy,  cancel  or  take  away^  irom  any  mutilating 

\        .  -,.        .  T  .,  -ITT  pencils  or 

election  district  any  such  pencil  or  crayon,  so  provided  and  crayons, 
furnished  as  aforesaid,  before  or  during  the  time  any  election 
mentioned  in  this  Act  is  being  held,  he,  she  or  they,  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  not  exceeding  five  Fine 

.  therefor. 

hundred  dollars  or  imprisoned  not  exceeding  one  year,  or  both, 
in  the  discretion  of  the  Court. 

Sec.  4.    That  it  shall  be  the  duty  of  the  several  clerks  of  ^^ty  of 
the  election  in  the  several  election  districts  in  this  State  who  cilriV tofur- 
were  heretofore  required  to  deliver  to  the  electors  or  voters,  ^Tth  pe^ncii 
the  stamp  heretofore  required,  to   deliver  and  hand  to  each  gtlmp^  °' 
voter  thereat  one  of  the  said  pencils  for  the  purpose  of  mark- 
ing his  ballot,  and  it  shall  be  the  duty  of  every  such  voter  at 
any  election  mentioned  in  this  Act  at  the  time  of  handing  his 
ballot  to  the  Inspector  of  Election  or  other  person  authorized  ^°rn  pencfi' 
by  law  to  receive  his  ballot,  to  return  to  the  said  clerics  of  elec-  cierk^after  ^ 
tion  the  said  pencil  or  craj^on  furnished  him  as  aforesaid.  votmg. 

Sec.  5.     That  if  any  person  shall  violate  any  of  the  pro-  violation  of 

tills  S.CL  LO 

visions  of  this  Act,  not  herein  specially  provided  for,  he,  she  be  a  misde- 

'  X  ^    r-  J        J  meanor. 

1.     See  Act  May  15,  1891,  19  D.  L.  94,  Sec.  19;  p.  379  this  volume.     See 
also  p.  388,    (Sec.   2). 


396 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


or  they  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  not  exceeding  five  hundred  dollars  or  im- 
prisoned not  exceeding  one  year,  or  both,  in  the  discretion  of 
the  Court. 


Sec.  6.    That  all  provisions  of  law  in  conflict  with  the  pro- 
visions of  this  Act  are  hereby  repealed. 

Approved  March  2,  A.  D.  1901. 


22  D.  L.  109.   ^^^  ACT  creating  the  office  of  Voters'  Assistant  and  prescrib- 
ing the  Duties  thereof. 

Section  1.  That  on  or  before  the  tenth  day  of  October  in 
each  and  every  j'ear  in  which  a  general  election  is  held  in  this 
State,  it  shall  be  the  duty  of  the  Governor  to  select,  appoint 
and  commission  an  honest  and  capable  man  from  each  of  the 
two  principal  political  parties  in  each  and  every  election  dis- 
trict in  this  State,  including  the  districts  in  the  City  of  Wil- 
mington, who  shall  be  known  as  Voters '  Assistants. 


Governor  to 
appoint  vot- 
ers' assist- 
ants on  or 
before  Oc- 
tober lOtli. 


The  county- 
committees 
of  the  two 
parties  hav- 
ing highest 
and  next 
hig-hest  num- 
ber of  votes 
to  submit 
list  of  names. 


If  none  are 
submitted 
Governor  to 
appoint. 


The  County  Committees  of  the  two  principal  political  par- 
ties, which  at  the  general  election  next  preceding  cast  the  high- 
est and  next  highest,  number  of  votes  respectively,  in  such 
County,  shall  each  submit  to  the  Governor  the  names  of  three 
men  for  such  appointment  and  from  said  names  the  Governor 
shall  select  one  to  represent  each  party,  but  in  no  case  no  name 
or  names  is  or  are  submitted  by  either  or  both,  the  Governor 
shall  then  make  such  appointment  or  appointments  as  he  may 
see  fit. 


Voters'  as- 
sistants to 
be  in  elec- 
tion room. 

Shall  assist 
voter  when 
requested. 


Sec.  2.  That  the  Voters'  Assistants  shall  be  stationed 
within  the  room  where  the  election  is  being  held,  and  shall, 
when  requested  by  any  voter  assist  such  voter  to  mark,  alter, 
change,  scratch,  or  fold  his  ballot  in  the  presence  of  the  voter 
and  of  each  other,  and  shall  also,  when  requested  by  the  voter, 
read  over  to  him  the  names  of  the  candidates  on  the  ballot 
which  he  desires  to  vote.^ 


1.  See  Sec.  1  of  the  Act  of  May  20.  1897,  20  D.  L.  403  (which  Act  re- 
pealed the  first  Voters'  Assistant  law)  which  provides  that,  in  case  of 
physical  disability  the  voter  may  take  an  elector,  or,  if  necessary,  two  of 
them,  into  the  booth  with  him.     P.  387  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  397 

Sec.  3.  That  if  any  Voters'  Assistant  make  a  false  dee- f^enaityjor 
laration  to  any  voter  he  shall  upon  conviction  be  fined  one  hun-  laration. 
dred  dollars,  and  any  Voters'  Assistant  who  shall  decline  any 
voter  in  anj^  way  shall  be  guilty  of  a  misdemeanor,  and  on  con- 
viction, shall  be  fined  not  less  than  Two  hundred  dollars  nor 
more  than  Five  hundred  dollars,  and  may  in  the  discretion  of 
the  Court  be  imprisoned  for  a  term  not  exceeding  five  years. 

Sec.  4.    That  all  Acts  or  parts  of  Acts  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 

Approved  March  8,  A.  D.  1901. 


AN  ACT  to  Ameud  Chapter  418,  Volume  14,  Laws  of  DeZa- 25  d.  l.  229. 
ware,  entitled  "An  Act  Regulating  the  Sale  of  Intoxicat- 
ing Liquors." 

Section  1.    That  Chapter  -118,  A^olume  14,  Laws  of  Dela-  Chap.  41s, 

.  Vol.  14. 

ware,  be  and  the  same  is  hereby  amended  by  striking  out  the  amended 
words  ' '  and  no  person  licensed  to  sell  liquors  shall  sell,  give  the  sale  of 

-, .  •     ,       •      J  •         1  •  j_i        T  £  intoxicating 

away,  or  dispense  any  intoxicating  liquors  on  the  day  01  any  nquors. 
general,  special  or  municipal-  election  within  one  mile  of  the 
place  where  the  same  is  held"  in  the  eleventh,  twelfth,  thir- 
teenth and  fourteenth  lines  of  Section  14  of  said  Chapter  and 
inserting  in  lieu  thereof  ' '  And  no  person  licensed  to  sell  liquor 
shall  sell,  give  away,  or  dispense  any  intoxicating  liquors  on 
the  day  of  any  general  election ;  nor  shall  any  person  licensed 
to  sell  liquor,  sell,  give  away,  or  dispense  any  intoxicating  liq- 
uors on  the  day  of  any  special  or  municipal  election  within  one  ^ 
mile  of  the  place  where  the  said  special  or  municipal  election 
is  held." 

Approved  April  5,  A.  D.  1909. 


AN  ACT  in  relation  to  Municipal  Elections  to  he  held  in  the  19  d.  l.  984. 
City  of  Wilmington. 

Section  1.    That  Chapter  194,  Volume  18,  Laws  of  Del-  j^^^^ 
aware,  entitled  ''An  Act  to  amend  an  Act  entitled  'An  Act ^^p^^^®*^- 
to  revise  and  consolidate  the  Statutes  relating  to  the  City  of 
Wilmington,' "  as  amended    by    Chapter    668,    Volume  18,  ^^  °- ^- ^^'^^ 


398  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Laws  of  Delaware,  entitled  ''An  Act  to  amend  Chapter  194 
of  Volume  18  of  the  Laws  of- Delaware,"  and  as  published  as 
amended,  in  Chapter  669,  Volume  18,  Laws  of  Delaware,  en- 
18D.  L.  896.  titled  "An  Act  to  amend  an  Act  entitled  'An  Act  to  revise 
and  consolidate  the  Statutes  relating  to  the  City  of  Wil- 
is d  l  904  mington, '  as  amended  April  25,  1889,"  be  and  the  same  is 
hereby  repealed. 

City^of  wiu  ^^^-  2-    That  from  and  after  the  passage  of  this  Act,  at 

mington.  q^^  elections  held  in  the  City  of  Wilmington,  excepting  elec- 
Exceptions.  ^ions  for  members  "The  Board  of  Public  Education  in  Wil- 
Re°-istration  mington,"  the  registration,  election  and  canvass  of  the  vote 
and  canvass.  ^^^^^  thereat  shall  in  allVespects  be  conducted  in  conformity 
jjQ.^^  with  the  provisions  of  the  election  and  registration  laws  gov- 

conducted.  erning  general  elections  (^)  in  the  City  of  Wilmington,  except 
as  in  this  Act  otherwise  provided.^ 

(a)  This  section  expressly  applies  the  old  registration  law  of  May 
13,  1891,  and  the  ballot  law  of  May  15,  1891,  to  municipal  elections,  ex- 
cept as  otherwise  provided  for  in  the  Act.  The  above  mentioned  Ballot 
law,  in  Sec.  38  thereof,  also  expressly  applies  that  law  to  municipal  elec- 
tions in  Wilmington.  The  Eegistration  Act  of  1898  does  not  expressly 
make  its  provisions  applicable  to  municipal  elections,  and  whether  Sec.  2 
of  this  Act  can  be  given  a  prospective  application  is  a  question.  The  law, 
generally,  as  to  general  statutes  aj^plying  to  municii^alities,  is  as  follows : 

Layton,  Justice:  "  *  it  is  a  principle  of  law,  that  a  general  law  does 
not  atfect  corporations  or  corporate  rights,  unless 
they  are  expressly  mentioned  in  terms  in  the  law.  The  election  laws  refer 
to  State  elections  and  State  officers. ' ' 

State  vs.  Wilmington  City  Council,  3  Har.  294  at  310.  (yr.  1840) 

See  Sec.  14,  "  c "  of  the  Charter. 

Duties  of  Sec.  3.    All  duties  imposed  upon  and  all  powers  vested 

of  Elections,  in  the  Department  of  Elections,  created  by  an  Act  entitled 
"An  Act  to  amend  an  Act  entitled  'An  Act  to  revise  and 
consolidate  the  Statutes  relating  to  the  City  of  Wilmington, ' 
Chapter  194,  Volume  18,  Laws  of  Delaware,"  are  hereby  im- 
posed upon  and  vested  in  the  Department  of  Elections  cre- 
ated by  an  Act  entitled  ' '  An  Act  to  provide  for  the  registra- 


1.  This  section,  when  the  law  was  passed,  referred  to  the  reg-istration 
and  election  laws  of  1891,  then  in  force;  but  it  has  been  given  a  prospec- 
tive application,  and  made  to  refer  to  all  subsequent  laws  not  inconsistent 
with  its  own  provisions. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  399 

tion  of  voters  in  the  City  of  Wilmington,"  Chapter  39,  Vol- 
ume 18,  Laws  of  Delaware.^ 

Sec.  4.     The  election  officers   and   their   successors,  ap-  Shaii  hold  aii 

.    .  r>  •  T     .        municipal 

pointed  m  accordance  with  the  provisions  of  the  aforesaid  Act  elections. 
entitled  ''An  Act  to  provide  for  the  registration  of  voters  in 
the  City  of  Wilmington,"  shall  hold  all  municipal  elections 
and  shall  be  entitled  to  receive  from  the  City  of  Wilmington  as 
compensation  for  their  services,  the  amounts  stated  and  in  ^ 

'■  '       _  _  Compensa- 

the  manner  provided  by  the  aforesaid  Act  entitled  ' '  An  Act  to  tion. 
provide  for  the  registration  of  voters  in  the  City  of  Wilming- 
ton. "- 

Sec.  5.     At  all  municipal  elections,  the  election  districts  Districts, 
shall  be  the  same  as  those  designated  by  the  Department  of 
•Elections  for  the  general  election  next  preceding. 

Sec.  6.  The  Department  of  Elections  for  the  City  of  Wil- 
mington created  by  the  Act  which  by  Section  1  of  this  Act  is 
repealed,  shall  immediately  upon  the  passage  of  this  Act  trans- 
fer, deliver  and  make  over  to  the  Department  of  Elections  cre- 
ated by  the  Act  entitled  "An  Act  to  provide  for  the  registra- 
tion of  voters  in  the  City  of  Wilmington, ' '  all  books,  records, 

•  Books   etc 

papers,  pamphlets  and  election  paraphernalia  whatsoever  now 
in  its  possession  or  under  its  control  in  anywise  pertaining  to 
or  connected  with  the  said  Department  of  Elections.  Each 
member  of  the  Department  of  Elections  shall  receive  as  com- 
pensation for  his  services  in  any  year  in  which  a  municipal  Annual 
election  is  held  a  salary  for  such  year  of  five  hundred  dollars, 
payable  by  the  city  as  other  officers  of  the  City  of  Wilming- 
ton are  paid." 


1.  For  the  Department  of  Elections,  its  powers,  duties,  &c.,  see  the 
following  Acts: 

Act  May  20,  1898,  21  D.  L.  p.  139  Sees.  1  and  2  p.  329-330  this  volume; 
Act  June  1.  1898,  21  D.  L.  p.  94.  p.  337  this  volume;  Act  June  1,  1898,  21  D. 
L.  p.  146.  p.  337  this  volume;  Act  March  8,  1901,  22  D.  L.  p.  117,  p.  338 
this  volume;  Act  March  9,  1907.  24  D.  L.  p.  153,  p.  341  this  volume;  see 
Act   May   13,    1891,    19  D.  L.  p.   128,  p.   272  this  volume. 

2.  For  the  numerous  changes  in  the  Registration  law  referred  to  in 
this  section,   see  the  Act  itself,  p.   272  this  volume. 

3.  See  Act  May  13,  1S91,  19  D.  L.  128,  Sec.  2,  p.  272  this  volume. 


400 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Revision  of 
general  reg- 
istration. 


Sittings. 


Hours. 


Oaths. 


Entries  of 
removals. 


Sec.  7.  That  on  the  [fourth]  ^  Saturday  next  preceding 
the  day  of  any  municipal  election  there  shall  be  a  revision  of 
the  general  registration,  which  revision  shall  be  made  in  ac- 
cordance with  the  provisions  of  the  aforesaid  Act  entitled 
"An  Act  to  provide  for  the  registration  of  voters  in  the  City 
of  Wilmington."-  To  facilitate  the  transfer  of  names  from 
one  book  to  another  in  case  of  removals  of  all  kinds  at  least 
one  member  of  the  Department  of  Elections  shall  sit  at  the  of- 
fice of  the  Department  of  Elections  every  day  (excepting  Sun- 
day) of  the  two  weeks  preceding  the  last  week  in  the  month 
of  April  next  preceding  said  municipal  election,  between  the 
hours  of  three  and  five  o'clock  in  the  afternoon,  and  during 
the  last  week  of  the  said  month  between  the  hours  of  three  and 
five  o'clock  in  the  afternoon  and  seven  and  eight  o'clock  in  the 
evening,  and  do  and  perform  the  following  acts,  to  wit :  The 
member  or  members  of  the  Department  of  Elections,  sitting  as 
aforesaid,  may  in  any  case  in  which  it  is  deemed  necessary, 
administer  to  an  applicant  who  personally  presents  himself, 
the  oath  prescribed  by  Section  6  of  Chapter  39,  Volume  19, 
Laws  of  Delaware,  and  if  in  the  judgment  of  said  member  or 
members  of  the  Department  of  Elections  as  aforesaid  the 
statements  and  representations  made  by  the  applicant  are 
deemed  to  be  true  and  correct,  and  if  it  appear  from  the  reg- 
istration books  that  the  applicant  was  duly  registered  and  had 
voted'''  at  the  general  election  next  preceding,  he  or  they  shall, 
with  the  aid  and  assistance  of  the  clerk  of  the  Department  of 
Elections,  if  his  assistance  be  required,  proceed  to  make  such 
entries  in  said  registration  books  and  public  copies  as  are  re- 
quired to  be  done  by  the  inspectors  of  election  in  such  cases, 
and  act  and  conform  in  all  respects  by  and  in  accordance  with 
the  provisions  of  Section  6  of  the  aforesaid  act  relative  there- 


1.  Revision  of  Registration  is  now  on  the  "fourth"  Saturday  preced- 
ing a  municipal  election.  Act  March  24  1903,  22  D.  L.  p.  594.  Sec.  1.  (See 
Sec.  18,  p.  352  this  volume.) 

2.  Registration  is  now  made  almost  in  toto,  under  the  Act  of  May  27, 
1898,   21  D.  L.  p.   69.  et  seq,  p.  301  this  volume. 

The  hours  for  revision  of  registration,  however,  are  as  set  out  in  Sec. 
4,  part  3  of  the  Registration  Act  above  referred  to,  viz,  the  Act  of  May  13, 
1891,  19  D.  L.  p.  136.   (p.  278  of  this  volume.) 

3.  It  is  not  necessary,  now.  that  he  sliould  have  so  voted.  See  notes 
2  and  3  to  Sec.  11  of  this  Act.   (p.  404  of  this  volume.) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  401 

to,  provided,  liowever,  that  the  lines  to  be  drawn  through  the  |J.|^d^froif 
name  diih'  stricken  from  the  registration  books  and  public  i^ooks. 
copies  and  all  entries  made  by  said  Department  of  Elections, 
or  members  sitting  as  aforesaid,  in  said  books  of  any  kind  or 
nature,  shall  be  done  with  red  ink.     And  said  entries  of  re-  ^^°^  erased. 
moval  in  said  books,  when  so  made,  shall  be  of  the  same  legal 
force  and  effect  as  though  made  by  the  inspectors  of  election  ^^^^^  of 
on  the  day  set  apart  in  this  Act  for  the  revision  of  the  regis- 
tration. 

Should  any  one  impersonate  a  voter  and  through  fraud  or  fopltion^or' " 
misrepresentation  secure  the  transfer  of  the  said  voter's  name  ^tlon^'^^^''"" 
from  the  registration  books  of  the  election  district  where  he  is 
registered  to  the  registration  books  of  any  otlier  election  dis- 
trict such  voter  shall  not  thereby  lose  his  right  to  vote  in  the  quffifled  vot- 
■election  district  in  which  he  was  legally  registered  and  from  fhl  "ebV  dis? 
which  he  had  not  removed;  but  every  such  person  impersonat-  fiuaufled. 
ing  or  making  the  misrepresentations  aforesaid,  shall  upon 
conviction  thereof  be  ad.judged  guilty  of  a  misdemeanor  and 
shall  be  punished  for  each  and  every  offense  by  imprisonment  mea^no'r. 
in  the  county  jail  of  not  more  than  two  years  or  by  a  fine  of  penalty. 
not  more  than  two  hundred  dollars  or  both. 

Sec.  8.     All  Acts  required  to  be  performed  by  or  duties  Jf ^l^j^rt-®^ 
imposed  upon  the  Clerk  of  the  Peace  or  any  other  county  offi-  ment. 
cer  by  the  election,  registration  or  ballot  laws  governing  the 
general  elections  in  the  City  of  Wilmington  shall,  in  relation 
to  municipal  elections,  devolve  upon  and  be  performed  by  the 
Department  of  Elections. 

•  Power  to 

Sec.  9.    The  Department  oi  Elections  shall  have  power  to  dismiss  eiec- 

„  -      ,  .  .  ,   tion  officers. 

dismiss  any  election  orficer,  clerk  or  assistant  at  any  time  and 
supply  his  place  with  another  person.^  On  the  first  day  of 
January-  in  any  year  in  which  there  is  to  be  held  a  general  or 

1.  For  similar  powers,  see  Act  June  1,  1898,  21  D.  L.  p.  146  (p.  337  of 
this  volume)  and  Act  of  May  20.  1898,  21  D.  L.  at  p.  140,  Sec.  3,  part  II, 
(p.    331    of   this    volume.) 

The  Judges  however,  appoint  the  clerks.  Act  June  1,  1898,  21  D.  L. 
at  p.   116,  Sec.   13. 

2.  Under  the  Act  of  March  8,  1901,  22  D.  L.  p.  118,  Sec.  6,  the  Depart- 
ment organizes  in  the  month  of  April  and  at  that  time,  inter  alia,  ap- 
points a  clerk,    (p.   340   of  this   volume.) 


402 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Clerk. 

Assistants. 


Salary,  how 
paid. 


municipal  election,  (and  in  the  present  year  as  soon  as  they 
deem  proper)  the  said  Department  of  Elections  shall  employ 
a  clerk/  and  at  any  time  thereafter,  they  may  employ  other 
assistants,  as  in  the  judgment  of  the  members  of  the  said  de- 
partment shall  be  necessary  and  proper  for  the  full  perform- 
ance by  the  department  of  the  duties  by  this  Act  imposed,  pro- 
vided the  expense  thereof  shall  not  exceed  fifteen  hundred  dol- 
lars in  one  year,  the  salaries  for  the  cleric  and  assistants  afore- 
said to  be  paid  as  other  municipal  election  expenses  are  paid.^ 


Nomination 
of  candi- 
dates. 


Political 
parties, 
what  so 
aeemed. 


Sec.  10.  Any  organization  of  bona  fide  citizens  and 
voters  in  the  City  of  Wilmington,  which  shall  by  means  of  a 
convention,  primary  election  or  otherwise,  nominate  candi- 
dates for  offices  to  be  filled  by  the  people  at  any  municipal  elec- 
tion, shall  be  deemed  and  taken  to  be  a  political  party  within 
the  meaning  of  this  Act.  No  organization  shall  be  taken  as  a 
political  party  that  does  not  represent  at  least  one  hundred 
bona  fide  citizens  and  voters  of  the  City  of  Wilmington.  If 
the  Department  of  Elections  should  have  any  doubt  as  to  the 
sufficiency  of  the  number  of  bona  fide  voters  represented  by 
any  organization  in  the  said  City  of  Wilmington,  they  may 
Certificates,   demand  a  certificate  of  twenty-five  voters  belonging  to  such  an 

when  re-  _        .  "^  do 

quired.  Organization  as  to  that  fact. 


Ballots. 


The  Department  of  Elections  shall  cause  to  be  printed  the 
ballots  to  be  used  at  municipal  elections,  in  the  same  manner 
and  under  the  same  laws,  as  far  as  they  can  relate  and  may  be 
applicable  to  municipal  elections  in  the  City  of  Wilmington, 
as  the  Clerk  of  the  Peace  is  directed  so  to  do  for  general  elec- 
tions. 


Nominations 
to  be  certi- 
fied,  and  by 
whom. 


How  made 
and  con- 
tents 


The  nomination  of  the  candidates  for  offices  to  be  filled 
by  the  people  at  a  municipal  election  shall  be  certified  to  the 
Department  of  Elections  aforesaid,  by  the  presiding  officer  and 
secretary  of  the  proper  party  convention  or  committee.  The 
certificate  shall  be  in  writing  and  shall  contain  the  name  of 


1.  See  above  note,  2,  p.  401  of  this  volume. 

2.  See  Act  May  20,  1898,  21  D.  L.  p.  140,  Sec.  3.  II.  and  Sec.  5.  p.  144; 
(pp.  331  and  336  of  this  volume.) 


ACTS  OF  THE  GENERAL  ASSEMBLY.  403 

each  person  nominated,  his  residence  and  the  office  for  which 
he  is  nominated. 

The  persons  making  such  certificates  shall  add  to  their  ,  , 

,  ,  .  Acknowledg- 

signatures  their  respective  places  of  residence  and  shall  ac-  "^ent  of. 
knowledge  such  certificate  before  an  officer  duly  authorized  to 
take  acknowledgments  of  deeds,  and  a  certificate  of  such  ac- 
knowledgment shall  be  affixed  to  the  instrument.     The  certifi-  ^.„     , 

"  _  Title  of  po- 

cate  shall  also  designate  a  title  for  the  party  which  such  con-  nticai  party, 
vention  or  committee  represents,  together  with  any  simple  fig-  Figure  or 
ure  or  device  by  which  its  list  of  candidates  may  be  designated 
on  the  ballot. 

The  same  devices  shall  be  used  at  the  said  municipal  elec-  „    ,  .  ,. 

^  Restrictions 

tion  as  w^ere  used  at  the  general  election  next  preceding  the  as  to  use  of. 
said  municipal  election ;  provided,  hoivever,  that  no   device 
used  at  the  said  general  election  shall  be  used  at  the  said  mu- 
nicipal election  unless  the  partj^  that  selected  and  used  said 
device  at  the  general  election,  nominate  candidates  to  be  voted 
for  at  the  said  municipal  election ;  and  provided  further,  that 
if  any  new  political  party  or  parties  should  be  formed  after 
the  said  general  election,  and  within  twenty  days  prior  to  the 
said  municipal  election,  the  said  party  or  parties  shall  present  device  of 
their  device  or  devices  properly  certified  to  the  Department  of  part/°^^*^°^^ 
Elections  within  twenty  days  prior  to  the  said  municipal  elec- 
tion ;  such  figure  or  device  may  be  a  star,  an  eagle,  a  plow  or  ments'^*^' 
some  such  appropriate  symbol,  but  the  coat  of  arms  or  seal  of 
the  State,  or  of  the  United  States,  or  the  flag  of  the  United 
States,  or  a  device  previously  selected  and  used  at  the  election  pi-ohTbfted. 
next  preceding  by  another  political  party,  shall  not  be  used  as 
the  figure  or  device  of  a  political  party  at  a  municipal  elec- 
tion.    In  case  of  death,  resignation  or  removal  of  any  candi- 
date subsequent  to  nomination,  a  supplemental  certificate  of  m"  nteVcer- 
nomination  may  be  filed  by  the  proper  officers  as  aforesaid.    In  ^.herf med 
case  of  a  division  in  any  party  in  the  City  of  Wilmington  or  a 
w-ard  thereof  and  claim  is  made  by  two  or  more  factions  to  the 
same  party  name  or  title,  figure  or  device,  the  Department  of 
Elections  within  ten  days  after  it  has  received  the  certificates 
of  the  contending  factions,  shall  determine  to  which  faction 
the  name,  title  or  figure  properly-  belongs,  giving  the  preference 


404 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


In  case  of 
divisions  or 
disputes 
within  poli- 
tical parties, 
the  Depart- 
ment of 
Elections  to 
decide  in 
certain  cases. 

New  title 
and  device, 
when. 


Certificate, 
when  to  be 
filed. 


to  the  convention  or  primary  election  held  at"  the  time  and 
place  designated  in  the  call  of  the  regailarly  constituted  party 
authorities;  and  if  within  five  days  thereafter,  the  other  fac- 
tion shall  present  no  other  party  name  or  title,  figure  or  device 
and  certify  the  same  to  the  Department  of  Elections,  the  latter 
shall  select  some  suitable  title,  figure  or  device  for  said  faction 
and  the  same  shall  be  placed  above  the  list  of  their  candidates 
on  the  ballots.  The  certificates  of  nomination  herein  directed 
to  be  filed  with  the  Department  of  Elections  shall  be  filed  not 
less  than  ten  days  before  the  day  fixed  by  law  for  the  election 
of  the  persons  in  nomination.^ 


Qualifica- 
tion of 
voters. 


Change  of 
domicile, 
effect  of. 


Sec.  11.  That  [at]  all  municipal  elections  every  male 
citizen  of  the  age  of  twenty-one  years  («)  and  upwards,  having 
resided  within  the  said  city  for  three  montlis  next  previous  to 
the  election,  and  in  the  election  district  where  he  offers  to  vote 
for  thirty  days  next  preceding  the  election,  who  being  other- 
wise qualified  to  vote  at  all  State  elections,  and  who  shall  have 
registered  at  the  registration  for  the  general  election  next 
prior  to  the  election  at  which  he  offers  to  vote,  and  who  shall 
have  voted  thereat,"  as  shown  by  the  registration  books  of  the 
inspectors  of  that  election,  or  who  shall  have  registered  at  a 
revision  of  such  registration  and  no  other,  shall  be  entitled  to 
vote  ;■'■  if  any  person  who  may  have  had  his  domicile  in  said 
city,  shall  actually  remove  to  any  other  place  with  the  inten- 
tion of  remaining  there  an  indefinite  time  as  a  place  of  domi- 
cile, he  shall  thereby  lose  his  qualification  of  residence,  not- 
withstanding he  may  entertain  a  floating  intention  of  return- 
ing at  such  future  time.  ( ^ ) 

(a)   Bayard,  C.  J.:     "It  is  not  necessary  that  he  shall  have  entered 

upon  his  birthday,  or  he  would  be  more  than 

twenty-one  years  old.     He  is,  therefore,  of  age  the  day  before  the  anni- 


1.  See  Act  May  15,  1S91.  19  D.  L,  p.  S9,  Sec.  7.  requiring  publication 
of  nominations,  (p.  373  of  this  volume),  and  also  Sec  8  of  the  Act  of  April 
6,  1893,   (this  Act,)  and  19  D.  L.  p.  986,  p.  401  this  volume. 

2.  Any  person  whose  name  is  on  the  "Voting  Books  of  Qualified 
Voters"  may  now  vote  at  a  subsequent  municipal  election,  even  though 
he  did  not  vote  at  the  preceding  general  election.  See  Act  March  24,  1903, 
22  D.  L.  p.  594,  Sec.   1.     (See  Sec.   18,  p.  352  of  this  volume.) 

3.  One  does  not  have  to  re-register  now.  If  his  name  is  on  the  "Vot- 
ing Books  of  Qualified  Voters"  he  may  vote.     See  above  note  2. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  405 

versary  of  his  birth ;  and  as  the  law  takes  no  notice  of  fractions  of  a  day. 
he  is  necessarily  of  age  the  whole  of  the  day  before  his  twenty-first  birth- 
day; and  upon  any  and  every  moment  of  that  day  may  do  any  act  which 
any  man  may  lawfully  do. ' ' 

State  vs.  Clarke,  3  Har.  557  at  558.  (yr.  1840) 

(b)   Eesidence  is  not  always  easy  to  ascertain. 

The  Court :  ' '  Domicile  or  residence  in  a  legal  sense,  is  determined 
by  the  intention  of  the  party.  He  cannot  have  two 
liomes  at  the  same  time.  When  he  acquires  another  he  loses  that  home 
which  he  has  exchanged  for  the  new  one.  To  effect  this  change  there 
must  be  both  act  and  intention.  "Mere  intention  to  acquire  a  new 
domicile  without  the  fact  of  removal  avails  nothing ;  neither  does  the 
fact  of  removal  without  the  intention.  The  defendant's  intention  to 
leave  Wilmington  did  not  change  his  domicile  unless  he  tvent  to  Philadel- 
phila,  in  pursuance  of  that  intention ;  but  if  he  did  go  in  execution  of 
any  intention  to  leave  this  State,  as  his  place  of  residence,  and  find  a 
home  elsewhere,  that  moment  he  lost  his  residence  here.  What  his  inten- 
tion was  in  that  behalf  must  be  collected  from  his  acts  and  declarations. 
'*  *  If,  for  instance,  a  mechanic  in  Wilmington,  without  any  intention  of 
changing  his  residence,  should  go  to  Philadelphia  to  do  a  job  of  work,  or 
to  work  generally,  until  a  job  which  he  had  engaged  in  Wilmington  was 
ready  for  him,  in  that  case  the  exercise  of  his  trade  in  Philadelphia  would 
not  be  sufficient  evidence  of  his  domicile  there.  But  if  a  person,  intend- 
ing to  break  up  his  business  in  Wilmington  and  remove  to  Philadelphia 
or  elsewhere  as  a  home,  should  go  there  and  exercise  his  trade,  this  would 
be  sufficient  evidence  of  a  change  of  domicile,  even  though  he  should,  be- 
fore leaving,  secure  a  job  of  work  in  Wilmington,  and  intend  to  come 
back  for  the  purpose  of  doing  it,''  and  even  though  "he  may  entertain  a 
floating  intention  to  return  at  some  future  period. ' ' 

State  vs.  Frest,  4  Har.  558.  (yr.  1847)  Rev.  Code  1903,  p.  141,  Sec.  3. 

State  vs.  M 'Donald,  4  Har.  555  at  556.  (yr.  1845) 

Sec.   12.     The  qualified  voters   of   each  ward  shall,   at  Members  of 
every  biennial  election  in  June,  choose  a  member  of  Council '-'°*^"^^'" 
for  their  ward,  resident  in  the  ward.     A  member  moving  out  Moving  from 
of  the  ward  from  which  he  was  elected  shall  thereby  lose  his  of^''*^'  ^^^^* 
office  and  the  City  Council  shall  fill  the  vacancy.^ 

Sec.  13.    Whenever  by  an  Act  of  the  General  Assembly  ^f'^cfty^'"" 
of  the  State  of  Delaware  or  otherwise,  the  corporate  limits  of  ^^™^^^- 
the  City  of  Wilmington  are  extended  and  new  territory  is  ac- 
quired and  added  thereto,  the  said  Department  of  Elections  is 
hereby  authorized,  directed  and  vested  with  the  power  to  lay 
out  and  designate  new  election  districts,  in  the  manner  now  by  New  eiec- 
law  provided,  and  appoint  election  officers  therefor.  tHcts.'^' 


1.     See  Sec.   11  of  the  Charter. 


406 


ACTS   OF  THE  GENERAL  ASSEMBLY. 


how^ei^ction  ^^^-  ^'^-    ^  failure  to  hold  an  election  on  election  day,  or 

d'i'^soive^he  ^^^®  omission  to  cxecute  any  authority  conferred  by  this  Act 
Authors  °  of  ^^^^^1  ^ot  dissolve  the  corporation,  but  the  authority  of  each 
officers  to       officer  shall  continue  until  a  new  election  can  be  lesrally  held. 

continue.  °       •^ 


Elections  to 
be  by  ballot. 


Plurality  of 
votes  to 
elect. 


Hours  of 
election. 


Election 
expenses. 


How  paid. 


Annual  levy. 


Sec.  15.  All  elections  shall  be  by  ballot  and  a  plurality  («) 
of  votes  cast  shall  make  a  choice;  the  ballots  used  shall  con- 
form in  all  respects  to  those  required  by  the  general  law  of  the 
State.  Each  city  election  shall  be  open  between  "the  hours  of 
eleven  o'clock  in  the  forenoon  and  twelve  o'clock  noon  and 
continue  open  until  seven  o'clock  in  the  afternoon,  when  the 
same  shall  be  closed. 


(a)   See  Sees.  30,  par.  2, 


and  31,  ''c"  of  the  Charter.     In  the 


absence  of  an  express  provision  it  has  been  held  that  it  requires  a  ma- 
jority vote. 

Sec.  16.  The  legal  compensation  of  all  members  of  the 
Department  of  Elections,  inspectors  of  election,  poll  clerks 
and  other  officers  of  election,  the  costs  and  expenses  of  all  nec- 
essary election  notices,  posters,  maps,  advertisements,  regis- 
ters, books,  blanks  and  stationery,  the  rent  and  cost  of  fitting 
.up,  warming,  lighting,  cleaning  and  safe  keeping  of  all  places 
of  registration  and  polling  places,  of  furnishing,  repairing 
and  carting  ballot  boxes,  and  all  supplies  of  every  kind  and 
nature  for  city  elections  in  the  City  of  Wilmington,  shall  be  a 
city  charge  and  shall  upon  proper  certificates  and  vouchers  be 
paid  in  the  same  manner  as  by  law  provided  for  the  payment 
of  other  expenses  of  the  said  City  of  Wilmington.  The  City 
Council  of  the  said  City  of  Wilmington  shall  yearly  levy  upon 
the  estates,  real  and  personal,  of  the  said  City  of  Wilmington 
the  amount  estimated  to  be  required  to  ipaj  the  expenses  of 
registration  and  of  all  city  elections  which  may  be  held  in  the 
said  city  during  the  year,  and  all  expenses  incurred  by  virtue 
of  the  provisions  of  this  Act. 


Vacancies  in 
candidates, 
how  filled. 


Sec.  17.  In  case  of  death,  removal  or  resignation  of  any 
candidate  after  the  printing  of  such  ballots  and  before  such 
election,  it  shall  be  lawful  for  the  chairman  of  the  city,  ward 
or  district  political  organization  by  which  such  candidate  was 
nominated,  to  make  a  nomination  to  fill  such  vacancy  and  to 


ACTS   OF  THE  GENERAL  ASSEMBLY.  407 

provide  the  election  officers  of  each  election  district  in  which 
such  candidate  is  to  be  voted  for  with  a  number  of  pasters  con-  ^^f^lf.^  ^°'" 
taining  onlj-  the  name  of  such  candidate  at  least  equal  to  the 
number  of  ballots  provided  for  each  election  district,  but  no 
pasters  shall  be  given  to  or  received  by  any  one  except  such 
election  officers  and  such  chairman,  and  it  shall  be  the  duty  of  g/gct^jo  °^ 
the  clerks  of  election  to  put  one  of  such  pasters  in  a  careful  *i"ty  of. 
and  proper  manner  and  in  the  proper  place  on  each  ballot  be- 
fore they  shall  sign  their  initials  thereon.     If  the  printer  of  pj-jnter  of 
such  ballots,  or  any  person  employed  in  printing  the  same,  ^^ty  o^f 
shall  give  or  deliver  or  knowingly  permit  to  be  taken  any  of 
said  ballots  by  any  person  other  than  the  Department  of  Elec- 
tions by  the  order  of  and   for   whom   such   ballots  are  being 
printed,  or  shall  print  or  cause  or  permit  to  be  printed  any 
ballot  in  any  other  form^  than  the  one  described  by  this  Act 
and  the  Act  entitled  ' '  An  Act  to  provide  for  the  secrecy  and 
purity  of  the  ballot, ' '  or  with  any  other  names  thereon  than  and^wha t°is^ 
those  authorized  by  the  Department  of  Elections,  or  with  the  pi'ohibited. 
names  spelled  or  the  names  or  devices  thereon  arranged  in  any 
other  way  than  that  authorized  and  directed  by  the  said  De- 
partment of  Elections,  he  shall  be  guilty  of  a  misdemeanor  and  Misde- 
on  conviction  thereof  shall  be  fined  not  less  than  one  hundred  "^^^"o^- 
dollars  nor  more  than  five  hundred  dollars,  or  be  imprisoned  Penalty. 
in  the  county'  jail  not  less  than  one  nor  more  than  five  years  or 
both  at  the  discretion  of  the  court.-    The  Department  of  Elec- 
tions shall  make  the  ballot  boxes  and  the  tally  lists,  and  all  ^^d  taify^^^ 
other  papers  to  be  delivered  to  the  several  inspectors,  conform  form*°  ^^^' 
to  the  requirements  of  this  Act  and  the  Act  entitled  ' '  An  Act 
to  provide  for  the  secrecy  and  purity  of  the  ballot. ' ' 

Sec.  18.     As  soon  as  the  polls  of  an  election  shall  have  9°^®-  °^ 

^  .  election. 

been  finally  closed,  the  inspectors  of  election  in  their  several  Duty  of 

insoGctors. 

districts  shall  immediately,  and  at  the  place  of  the  polls,  pro-  canvass  of 
ceed  to  canvass  the  votes.     Such  canvass  shall  be  public  and  public*^  ^^ 

1.  As  to  the  form  of  the  ballot,  especially  the  "square"  of  the  same, 
see  note  to  Sec.  8  of  the  Act  above  referred  to.  viz.  Act  of  May  15,  1891, 
19  D.  L.  p.  89,  p.  373  this  volume;  and  see  also  Sec.  30  of  said  Act,  p.  385  of 
this  volume;  and  see  Act  May  20,  1897.  20  D.  L.  p.  403,  Sec.  2,  (p.  388  of 
this    volume.) 

2.  For  the  same  provision  as  to  the  general  election  law,  see  Act 
May  15,  1891.  19  D.  L.  p.  90,  Sec.  10. 


408 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Canvass, 
how  to  be 
conducted. 


Counting 
ballots. 


Poll  clerks. 


Proclama- 
tion of  result 
by  inspec- 
tors. 


Ballots  when 
to  be  de- 
stroyed. 
Disputed 
ballots  to  be 
placed  in 
boxes  with 
certificates. 


shall  not  be  adjourned  or  postponed  until  it  shall  have  been 
fully  completed  and  the  several  statements  hereinafter  re- 
quired to  be  made  by  the  inspectors  shall  have  been  made  out 
and  signed  by  them.  No  vote  shall  be  counted  or  canvassed  in 
any  election  district  unless  three  qualified  voters  in  such  elec- 
tion district,  if  so  many  claim  that  privilege,  are  allowed  to  be 
present,  or  so  near  that  they  can  see  whether  the  duties  of  said 
inspectors  are  fully  and  faithfully  performed. 

Sec.  19.  The  canvass  shall  commence  by  a  comparison  of 
the  poll  lists  from  the  commencement  and  a  correction  of  any 
mistakes  that  may  be  found  thereon;  and  such  comparison 
shall  be  continued  until  the  poll  lists  agree  as  to  the  number  of 
ballots  deposited  in  the  box.  When  they  have  been  made  to 
agree,  one  of  the  inspectors  shall  publicly  announce  in  a  loud 
voice  the  number  of  ballots  deposited  in  the  box  as  shown  by 
the  poll  lists.  The  inspectors  of  election  shall  then  immedi- 
ately proceed  to  count  the  ballots. 

Sec.  20.  When  the  canvass  of  the  ballots  found  in  the 
box  shall  have  been  completed  and  the  poll  clerk  shall  have  an- 
nounced to  the  inspector  the  total  number  of  votes  received  by 
each  candidate,  the  chairman  of  the  board  of  inspectors  of 
election,  or  in  his  absence  the  inspector  acting  as  such,  shall 
proclaim  in  a  loud  voice  the  total  number  of  votes  received  by 
each  of  the  persons  voted  for  upon  the  ballots  found  in  the  box, 
and  the  office  for  which  they  are  designated,  and  such  procla- 
mation shall  be  prima  facie  evidence  of  the  result  («)  of  the 
canvass  of  such  ballots.  And  after  the  ballots  shall  have  been 
counted  as  aforesaid,  and  the  certificates  dul.y  made  out,  the 
said  ballots  shall  then  be  immediately  destroyed  unless  any  of 
the  said  ballots  shall  be  disputed  or  rejected,  in  which  case  the 
said  disputed  or  rejected  ballots  shall  be  placed  with  the  said 
certificates  in  an  envelope  and  sent  to  the  Department  of  Elec- 
tions. 

(fl)   By  the  Court:    "     *    the  Court  considers  that  when  the  result  of 
it"    (election)    "is  ascertained  and  announced 
at  the  close  of  it,  it  is  final  and  conclusive  on  the  officers  of  the  election, 
and  cannot  afterwards  be  reconsidered  or  varied  by  them, ' '  &c. 
State  ex  rel  Wrig:ht  vs.  Warren,  1  Houst.  39  a't  44.   (yr.  1855) 
Knight  &  Kennedy  vs.  Ferris,  6  Houst.  283  at  328.  (yr.  1881) 


ACTS  OF  THE   GENERAL  ASSEMBLY.  409 

Sec.  21.     The  inspectors  of  each  election  disti-ict  shall  T/'PHcate 

'-  statements 

make  triplicate  statements  of  the  result  of  the  canvass  and  es-  °^  results. 
timate  of  the  votes.     Each  of  the  statements  shall  contain  a  ^"'"^  °f  ^^^ 

what  to  eon- 

eaption  stating"  the  day  on  which  such  election  was  held,  the  tain, 
number  of  the  election  district  in  relation  to  which  such  state- 
ment shall  be  made,  and  the  time  of  opening  and  closing-  the 
polls  of  such  election  district.     It  shall  also  contain  a  state- 
ment showing  the  whole  number  of  votes  given  for  each  per- 
son, designating  the  office  for  which  they  were  given,  which 
statement    shall    be    written    or    partly    written    and    partly 
printed,  in  words  at  length,  and  at  the  end  thereof  a  certificate  certificates. 
that  such  statement  is  correct  in  all  respects,  w^hich  certificates 
and  each  sheet  of  paper  forming  part  of  the  statement  shall  gy  whom 
be  subscribed  by  the  said  inspectors  and  poll  clerks.     If  any  subscribed. 
inspector  or  poll  clerk  shall  decline  to  sign  any  return,  he  shall  ^3|^riiD°ed. 
state  his  reason  therefor  in  writing,  and  a  copy  thereof  signed  gtated1n°  ^^^ 
by  him,  shall  be  enclosed  with  each  return.    Each  of  the  state-  writing,  etc. 

.  statements. 

ments  shall  be  enclosed  in  an  envelope,  which  shall  then  be  Enclosure  of. 
securely  sealed  with  wax,  and  each  of  the  inspectors  and  each  ^"nt'of ' 
of  the  poll  clerks,  shall  write  his  name  across  every  fold  at 
which  the  envelope,  if  unfastened,  could  be  opened  and  across 
the  seal  thereon.    One  of  the  envelopes  shall  be  directed  on  the  Delivery  of. 
outside  to  the  Clerk  of  the  City  Council  of  Wilmington,  an- 
other to  the  Mayor  and  the  third  to  the  Department  of  Elec-  Tj^jj^gg 
tions.    Each  set  of  tallies  shall  also  be  enclosed,  securely  sealed 
and  signed  in  like  manner,  and  one  of  the  envelopes  shall  be 
directed  on  the  outside  to  the  Department  of  Elections,  and 
the  other  to  the  Clerk  of  the  City  Council  of  Wilmington.    On  fo"^'|^7|it 
the  outside  of  every  envelope  shall  be  endorsed  whether  it  con-  ^g^^^®^'^'' 
tains  the  statement  or  the  tallies  and  for  what  election  district,  tents. 

Sec.  22.    At  or  before  the  hour  of  ten  o  'clock  in  the  fore-  Statements. 
noon,  on  the  first  Monday  after  the  city  election,  one  of  the  pl*i-tment^of 
said  inspectors  in  each  election  district  shall  deliver  to  the  De-  where^tcfioe 
partment  of  Elections,  at  its  office,  the  statement  directed  to  ^hom^"*^  ^'^ 
it;  another  inspector  shall  deliver  to  the  Clerk  of  the  City 
Council  the  statement  directed  to  him,  and  the  third  inspector 
shall  deliver  to  the  INIayor  the  statement  directed  to  him.   One  deuvery  of. 
of  the  poll  clerks  shall  deliver  to  the  Department  of  Elections 


410  ACTS  OF  THE  GENERAL  ASSEMBLY. 

the  tally  directed  to  it,  and  the  other  poll  clerk  shall  deliver  to 

Departml'nt   ^^^  Clerk  of  the  City  Council  the  tally  directed  to  him.    And  it 

and  cferk"of  ^^^^^  ^®  ^^^®  ^^^^y  ^^  *^^^  Department  of  Elections,  and  its  clerk, 

co^uncutobeand  of  the  Clerk  of  the  City  Council,  and  of  the  Mayor  to  be 

receive.  present  in  their  respective  offices  from  the  time  of  closing  polls 

until  twelve  o'clock  midnight  of  the  day  of  the  election,  and 

from  the  hour  of  eight  o'clock  to  the  hour  of  ten  o'clock  in  the 

forenoon  of  the  first  Monday  after  the  election.     In  case,  for 

any  cause,  the  Clerk  of  the  Council  shall  fail  to  attend  at  such 

President  of  ^"^^^  ^^^  placc,  the  President  of  Council  shall  attend  and  re- 

Councii.         ceive,  take  charge  of  and  safely  keep   said  statements  and 

tallies  until  delivered  to  the  Clerk  of  Council,  or  to  the  Coim- 

cil  at  their  next  stated  meeting;  and  if,  for  any  cause,  the 

Attendance    ^I^yor  shall  fail  to  attend  at  such  time  and  place,  the  state- 

Ma^yor  ment  shall  be  delivered  to  the  City  Judge  of  the  Municipal 

City  Judge     Court  for  the  City  of  Wilmington  at  the  City  Hall,  who  shall 

take  charge  of  and  safeh'  keep  said  statements  until  delivered 

to  the  Mayor. 

Poll  list,  how  Sec.  23.    The  poll  lists  kept  at  such  election  shall  be  certi- 

flied.  fied  in  writing  by  both  jjoll  clerks  to  be  a  true  and  correct  list 

of  the  votes  cast  at  the  said  election  in  their  respective  election 
districts,  and  at  or  before  the  hour  of  ten  o'clock  in  the  fore- 
noon of  the  first  IMonday  after  the  city  election  shall  be  filed 
by  such  poll  clerks,  the  one  in  the  office  of  the  Department  of 
Elections  and  the  other  in  the  office  of  the  Clerk  of  the  City 
Council  of  Wilmington. 

Sec.  24.    In  case  any  officer  to  whom  any  of  the  papers  in 
with  other     the  preceding  section  are  directed  to  be  delivered  shall  be  ab- 
ignatedfor     Sent  from  his  office,  the  same  may  be  delivered  to  the  person 
authorized  in  such  case  to  attend  to  his  official  duties,  and  the 
officer  or  person  to  w^hom  any  envelope  containing  any  state- 
ment or  tally,  or  to  whom  any  register  or  copy  thereof  or  poll 
lists  shall  be  delivered,  as  in  this  Act  provided,  shall  give  a 
Receipts        receipt  therefor  to  the  inspector  or  poll  clerk  from  whom  the 

therefm-  to  .  .  .  inir.ini  -i- 

be  filed  same  is  received,  and  such  receipt  shall  be  filed  by  said  mspec- 

Auditor.         tor  or  poll  clcrk  in  the  office  of  the  City  Auditor  of  the  City  of 

Wilmington   before   any  payment   for   his  services   shall  be 

made. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  411 

Sec.  25.     The  members  of  the  Department  of  Elections  ^anvass  by 

'■  Department 

shall,  on  the  first  Monday  following  each  citv  election,  at  the  of  Elections, 

'  "^  .        "     .  .        when  made. 

hour  of  twelve  o  'clock  noon,  meet  in  public  session  at  the  City 
Hall  in  said  City  of  Wilmington  and  canvass,  (^)  declare  and 
certify  the  result  of  such  election.    The  envelopes  delivered  to  Manner  of. 
said  Department  of  Elections,  as  provided  by  this  Act,  shall 
then  and  not  till  then,  be  opened  by  the  presiding  officer  of 
said  department  at  such  session,  who  shall  mai'k  each  separate 
sheet  of  the  statement  with  the  initials  of  his  name  and  pro- 
claim and  declare  the  persons  elected,  and  before  adjourning 
the  members  of  said  department  shall  make  two  certificates  in 
writing,  under  their  hands  or  the  hands  of  a  majority  of  them, 
showing  the  state  of  the  vote  for  JMayor,  President  of  Council, 
Members  of  Council,  Assessors  and  Collectors,  City  Treasurer 
and  for  any  and  other  city  officers,  for  whom  votes  shall  have 
been  cast  (when  they  or  any  and  all  of  them  shall  have  been 
voted  for  according  to   law)    setting   forth   particularly  the 
name  of  every  person  voted  for  for  said  offices  respectively, 
and  the  number  of  votes  cast  for  each,  and  shall  seal  up  each 
of  said  certificates  separatelj^  in  a  paper  with  an  endorsement 
thereon  describing  the  certificate  enclosed ;  and  the  president, 
or  other  presiding  officer  of  the  Department  of  Elections,  shall 
either  personally  or  by  person  deputed  by  him,  on  the  first 
Tuesday  following  the  election  as  aforesaid,  between  the  hours 
of  ten  o'clock  in  the  forenoon  and  twelve  o'clock  noon,  deliver 
and  lodge  one  of  said  certificates  in  the  office  of  the  Clerk  of  certificates 
the  City  Council  of  Wilmington  and  the  other  in  the  office  of  election  to 
the  ]\Iayor  of  said  city,  and  it  shall  be  the  duty  of  the  Clerk  of  ered. 
said  Council  and  the  Mayor  of  said  city,  each  either  in  person  Duty  of 
or  by  deputy,  to  be  present  in  their  said  offices  respectively  at  cierk'of " 
such  time  to  receive  the  same.    It  shall  also  be  the  duty  of  the    """^^^ ' 
Department  of  Elections  or  a  majority  of  the  members  there- 
of, before  the  adjournment  of  said  public  session,  on  the  first  certificates 
Monday  following  each  city  election,  to  make  a  certificate  in  eiec^ed^°"^ 
writing,  signed  by  them  for  each  person  who  has  been  pro- 
claimed and  declared  to  be  elected  at  said  election,  which  cer- 
tificate shall  be  in  the  following  form,  viz : 


412 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Form. 


^Vilmington,  Del.,  June 


19 


Delivery. 
Effect. 


Council  to 

examine 

certificates. 


To 

The  undersigned,  members  of  the  Department  of  Elec- 
tions, do  hereby  certify  that  you  have  been  duly  proclaimed 
and  declared  by  said  departmetit  to  have  been  elected,  at  the 

city  election  held  on  the day  of 19 — ,  to 

the  office  of .    Said  department  shall  forthwith  cause 

said  certificate  either  to  be  delivered  personally  to  the  person 
so  proclaimed  and  declared  to  have  been  elected  or  to  be 
mailed  to  his  iisnal  postofjic  address.  Said  certificate  shall  be 
prima  facie  evidence  of  the  rigid  of  the  person  to  whom  it  is 
addressed  to  hold  the  office  therein  mentioned.  (&) 

(a)  Lore,  C.  J.:     "The  Board  of  Canvass  is  a  convenient  legal  me- 

dium of  bringing  to  one  common  point,  the  votes 
of  the  scattered  election  districts ;  of  ascertaining  the  aggregate  result 
thereof,  and  of  certifying  the  result  so  ascertained  for  the  persons  so  ap- 
parently elected.  *  *  The  Board  of  Canvass ' '  has  ' '  power  only  to  as- 
certain and  certify  the  vote  actually  cast  at  the  election,  and"  has  "no 
right  to  determine  ■whether  they  were  legal  or  illegal  votes,  or  whether  the 
election  was  regularly  held  or  not.  In  other  words,  the  Board"  has  "no 
right  to  go  behind  the  certificates  of  the  returns  of  the  judges  of  election. 

*  *  "  Their  duties  are  ministerial,  and  they  are  invested  with  no  judi- 
cial power  that  would  enable  them  to  ]iass  upon  the  qualifications  of  vot- 
ers, or  the  regularity  of  the  election. ' ' 

State  ex  rel  Aliee  et  al  vs.  McCoy  et  al,  2  Marv.  465  at  533.  (yr. 
1896) 

McCoy  et  al  vs.  State  ex  rel  Allee  et  al,  2  Marv.  5-43  at  561.  (yr. 
1896) 

Knight  &  Kennedy  vs.  Ferris,  6  Houst.  283  at  328.  (yr.  1881) 

(b)  This  provision  expressly  provides  for  the  giving  of  certificates, 
but  if  the  law  did  not  so  provide,  it  would  not  matter. 

By  the  Court:     "Although  no  certiticate,  or  other  formal  mode  of 
making  kdown  to  a  jjerson  his  election  to    *    *    any 

*  public  otfice,  may  be  prescribed  or  required  by  law,  the  Court  con- 
siders that  when  the  result  of  it  is  ascertained  and  announced,  at  the  close 
of  it,  it  is  final  and  conclusive  on  the  officers  of  the  election,  and  cannot 
afterwards  be  re-considered  or  varied  by  them. ' ' 

State  ex  rel  Wright  vs.  Warren,  1  Houst.  39  at  44.  (yr.  1855)   . 

Sec.  26.  And  the  Council  of  said  city,  at  its  meeting  for 
organization  on  the  first  day  of  July  next  ensuing  the  city 
election,  or  if  that  daj'  falls  on  a  Sunday,  then  on  the  ]\Ionday 
following,  shall  examine  the  certificates  so  delivered  to  the 
Clerk  of  City  Council  as  aforesaid,  and  if  there  be  no  choice 
for  Mayor,  President  of  Council.  City  Treasurer,  Assessor  and 
Collector,  or  for  Member  of  Council  in  any  of  the  wards,  or 
any  other  city  officer  for  whom  votes  shall  have  been  cast,  by 


ACTS  OF  THE  GENERAL  ASSEMBLY.  413 

reason  of  two  or  more  candidates  having  an  equal  and  the  ^I'l^ay^^""' 
highest  number  of  votes  for  any  of  said  offices,  the  Council  ^'^ct. 
shall  proceed  to  elect  one  of  said  candidates  for  such  office  for 
which  he  is  a  candidate. 

Sec.  27.     If  anv  candidate  for  anv  of  the  offices  before 

Contests. 

mentioned  shall  choose  to   contest  the  right  of  any  person 
claiming  to  have  been  elected  to  such  office,  such  candidate 
shall,  within  thirty  days  next  after  such  election,  cause  to  be  Proceedings, 
presented  to  the  said  Council  of  Wilmington,  his  petition  in  Petition, 
writing,  setting  forth  particularly  the  grounds  and  specifica- 
tions upon  which  said  election  is  contested,  together  with  an  ^^^    .^ 

^  "  _        Amdavit. 

affidavit  that  such  petition  is  not  for  the  purpose  of  vexation 
and  delay  but  that   he   does   verily   believe  that  he  has  just 
grounds  for  contesting  such  election,  and  shall  also  at  the  same 
time  cause  to  be  delivered  to  the  person  whose  election  is  con- 
tested a  true  copy  of  said  petition.     Upon  the  filing  of  such 
petition  and  affidavit,  the  Council  («)  shall  appoint  a  day,  not  Ax^imefor 
less  than  ten  nor  more  than  fifteen  days  from  the  time  of  filing  hearing, 
such  petition  and  affidavit,  for  hearing  and  determining  the 
same,  giving  public   notice   thereof   in   two   newspapers  pub-  p^^]^^^ 
lished  in  the  City  of  Wilmington,  if  so  many  be  published  at  notice. 
that  time,  and  upon  the  day  appointed  for  such  a  hearing  the 
said  City  Council  shall  sit  in  the  City  Hall,  in  the  presence  of 
such  citizens  and  others  as  may  choose  to  be  present,  shall  hear  Hearing, 
the  allegations  and  proofs  of  the  party,  and  shall  determine 
according  to  the  very  right  of  the  matter.     Evidence  shall  be 
confined  to  the  grounds  and  specifications  set  forth  in  the  peti- 
tion.   The  Council  shall  have  power  to  issue  subpoenas,  signed  Subpoenas. 
by  the  President  of  Council  for  the  time  being  and  attested 
by  the  Clerk,  for  persons  and  papers,  including  all  poll  lists,  papers. 
tally  lists,  statements  and  certificates  delivered  to  the  Depart- 
ment of  Elections,  Clerk  of  Council,  Mayor  of  the  City,  or  any 
of  them,  to  administer  oaths  and  affirmations,  to  examine  wit- 
nesses, and  to  do  all  other  things  requisite  to  arrive  at  a  full 
and  perfect  knowledge  as  to  the  right  of  the  case.     The  de-  counc?i"to 
cision  of  the  Council,  signed  by  its  officers,  shall  be  published  iish«i."and 
in  two  newspapers  printed  in  the  City  of  Wilmington,  if  so  ^  ^^ 


414 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


many  be  published  at  that  time,  and  shall  be  final  and  con- 
clusive. (^) 

(a)  The  Court  decided  in  the  case  below  cited,  that  the  new,  or  in- 
coming Council,  and  not  the  old,  or  retiring  one,  was  the  Council  to  pass 
upon  the  contest,  &c. 

Willis  vs.  Eoss.  (vr.  1906) 

See  Sec.  30,  "b'''  of  the  Charter. 

(h)  The  declaration  that  the  decision  of  "The  Council"  shall  be 
' '  final  and  conclusive, ' '  means  only  where  ' '  The  Council ' '  acts  honestly 
and  within  the  law.  If  it  acts  outside  the  law,  its  illegal  action  may  be 
reached  and  reversed  by  mandamus  and  certiorari. 

See  Sec.  30,  "b"  of  the  Charter. 


Sec.  28. 


Board,  of 
Public  Edu 
cation. 


That  nothing  in  this  Act  shall  be  construed  to 

The  Board  of 
Public  Education"  in  Wilminsrton. 


This  Act 
not  to  affect 

elections  for  relate  to  Or  affect  any  elections  for  members  of 


Passed  at  Dover  April  6,  1893. 


CHAPTER  397. 


This  Act  ap- 
plies to  mu- 
nicipal elec- 
tions of 
Wilmington. 
20  D.  L.  407. 


OF  THE  GENERAL  ELECTION. 

AN  ACT  to  amend  an  act  entitled  ''An  Act  to  further  provide 
for  the  Secrecy  and  Purity  of  the  Ballot." 

Section  1.  That  the  provisions  of  an  act  entitled  "An 
act  to  further  provide  for  the  secrecy  and  purity  of  the  bal- 
lot," passed  at  Dover,  May  20,  A.  D.  1897,  ***** 
shall  apply  to  all  municipal  elections  to  be  thereafter  held  in 
said  citj^  («) 

Passed  at  Dover,  May  27,  1897. 

(a)  This  is  the  manner  in  which  all  Acts  should  be  drawn  if  it  is 
intended  that  they  should  apply  to  municipalities,  for  the  general  doc- 
trine is,  that  constitutional  provisions,  and  general  statutes,  do  not  apply 
to  cities  unless  the  intent  is  clear. 

Layton,  Justice:  "The  election  laws  refer  to  State  elections  and 
State  officers, ' '  &c. 

State  vs.  Wil.  City  Council,  3  Har.  294  at  310.   (vr.  1840) 

See  Sec.  14,  "c"  of  the  Charter. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  415 

AN  ACT  to  Authorize  the  Submission  to  the  People  of  ^Y^l-  24  d.  l.  154. 
mington  of  Question  of  Public  Policy  in  Connection  ivith 
the  Affairs  of  the  said  City. 

Section  1.     On  application  addressed  to  the  INIayor  and  and'referen- 
Council  of  Wilmington,  signed  by  citizens  of  the  City  of  Wil-  wikn^ngton. 
mington,  qualified  to  vote  at  the  last  preceding  election  for  the 
Mayor  of  the  said  city,  aggregating  in  number  not  less  than 
ten  per  centum  of  the  whole  number  of  votes  cast  at  such  elec-  of^voles^'e- 
tion  for  such  Mayor,  asking  for  the  submission  to  the  people  of  "^i""'®*^- 
the  said  city  of  any  question  relating  to  the  aflfairs  of  the  said 
city,  for  an  expression  of  opinion  thereon,  such  question  shall 
be  placed  before  the  people  at  the  next  city  election.     Every 
person  signing  any  such  application  shall  put  or  have  put 
after  his  signature  the  designation  of  the  election  district  in 
.  the  said  city  in  which  he  was  qualified  to  vote  at  the  last  pre- 
ceding election  for  Mayor  of  said  city. 

Sec.  2.  Such  application  shall  be  filed  with  the  Mayor  at  Application 
least  sixty  days  before  the  election  at  which  such  question  is  to  and  wh^re. 
be  submitted,  and  the  persons  signing  such  applications  shall 
be  considered  prima  facie  as  citizens  qualified  to  vote  at  the 
last  preceding  election  for  the  Maj'or  of  said  city. 

Sec.  3.    It  shall  be  the  duty  of  the  said  Mayor,  not  less  Mayor 

"^  .  .  .      duty  of. 

than  twent}^  daj's  before  the  city  election  at  which  the  said 
questions  are  to  be  submitted,  to  transmit  the  same  to  the  per- 
sons who  may  then  have  the  duty  of  preparing  ballots  for  the 
said  election ;  and  it  shall  be  the  duty  of  such  persons  to  pre- 
pare separate  ballots  to  be  used  at  the  said  election,  containing  ^^^j^^^f 
the  question  so  to  be  submitted  as  aforesaid,  with  the  words 
"yes"  and  "no"  printed  at  the  foot  of  such  ballot;  that  is  to 
say,  following  the  question  to  be  voted  upon  as  it  appears  upon 
the  ballot,  the  words  "yes"  and  "no"  shall  appear  in  the  fol- 
lowing form: 

Yes No. 

Any  person  qualified  to  vote  at  such  city  election  may  cast  How 
a  vote  in  favor  of  such  question  by  placing  a  cross  opposite  the 


416 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


word  "yes"  and  any  such  person  desiring-  to  vote  against  the 
same  may  do  so  by  placing  a  cross  opposite  the  word  "no." 

How  can-  Sec.  4.     The  said  ballots  shall  be  prepared,  counted,  can- 

returned,       vassed  and  returned  in  the  same  way  as  provided  by  law  in 
relation  to  ballots  cast  at  the  said  citv  election. 


Separate 
ballot  boxes. 


Sec.  5.  It  shall  be  the  duty  of  the  persons  so  required  by 
law  to  furnish  ballot  boxes  to  be  used  at  the  city  election,  to 
furnish  a  separate  ballot  box  for  each  election  district  in  said 
city,  in  which  separate  ballot  box  the  ballots  herein  provided 
for  shall  be  cast,  and  the  said  ballots  shall  not  be  commingled 
with  the  other  ballots  used  at  such  city  election. 


Election  of- 
ficers, duty 
of. 


Certificates 
of  results. 


Sec.  6.  It  shall  be  the  duty  of  the  election  officers  in  each 
election  district  in  the  said  city  to  count  the  said  ballots  after 
the  same  have  been  cast,  and  to  make  return  thereof  in  all  re- 
spects as  provided  by  law  in  relation  to  ballots  cast  at  the  said 
city  election,  provided,  however,  that  the  number  of  ballots 
cast  for  or  against  the  said  question  shall  be  entered  upon 
separate  sheets  to  be  furnished  for  that  purpose.  Certificates 
showing  the  result  of  the  said  vote,  shall  be  made  in  the  man- 
ner as  now  pi'ovided  by  law  in  relation  to  certificates  of  the 
vote  cast  at  the  city  election,  which  certificates  shall  be  certi- 
fied, returned  and  delivered  in  all  respects  as  now  provided  by 
law  in  relation  to  the  city  election. 


Expenses  to  Sec.  7.     The  expense  of  printing  said  ballots,  procuring 

city.  ballot  boxes,  and  all  expenses  connected  with  the  taking  of  the 

said  vote  shall  be  borne  as  is  provided  in  relation  to  other  ex- 
penses incurred  at  the  said  city  election. 


Council,  &c. 


Approval  of  g^c.  8.     Should  auv  question  submitted  to  the  qualified 

any  measure  ^      i  n 

submitted  by  electors  of  the  City  of  Wilmington,  as  provided  in  this  Act,  re- 
duty  of  city  eeive  a  maioritv  of  the  votes  cast  thereon  at  the  said  election, 
and  the  subject  be  within  the  corporate  powers  of  the  said 
Mayor  and  Council  of  Wilmington,  or  of  any  department  or 
branch  thereof,  then  it  shall  be  the  duty  of  the  City  Council, 
or  of  any  commission  or  any  other  official  or  officials  of  the 
City   of   Wilmington   having   jurisdiction   therein,    to   adopt. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  417 

without  unnecessary  delay,  such  ordinances,  («)  rules  or  regu- 
lations as  may  be  necessary  for  putting  into  effect  the  popular 
will  thus  expressed.  The  failure  of  any  member  of  such  City 
Council  or  Commission,  or  of  any  official  of  said  city  to  per- 
form any  duty  herein  imposed  upon  him,  or  the  obstruction,  ^®nure^to°do 
hinderance,  or  delaj'  by  him  of  the  adoption  of  any  ordinance,  posed."^' 
rule  or  regulation  as  herein  provided  for,  shall  be  deemed  a 
misdemeanor  and  be  punishable  by  a  fine  at  the  discretion  of 
the  trial  court. 

(a)  This  section  prescribes  that  after  the  people  have  voted  upon 
questions  submitted  to  them,  it  shall  be  the  duty  of  the  Council  to  ' '  adopt 

*  *  ordinances  *  *  for  putting  into  effect  the  popular  mil  thus 
expressed. ' '  And  the  failure  of  a  member  of  the  Council  to  do  so,  &c., 
' '  shall  be  deemed  a  misdemeanor, ' '  &c. 

This  provision  simply  makes  a  puppet  of  ' '  The  Council. ' '  It  robs  it 
of  all  discretion  and  judgment,  and  forces  it,  whether  it  thinks  it  wise  or 
unwise  so  to  do,  to  pass  the  ordinance  desired.  It  is,  therefore,  clearly  a 
case  of  the  people  at  the  polls,  (not  "The  Council")  deciding  the  matter, 
and  enacting  legislation.  Aud  this  cannot  be  done,  as  the  Legislature  can- 
not delegate  its  legislative  powers  to  the  people,  unless  the  Constitution  be 
first  changed  to  that  effect.  In  August,  1907,  "The  Council"  "passed" 
an  ordinance  requiring  the  assessors  and  collectors  of  taxes  to  give  bonds 
with  surety  companies,  instead  of  freehold  bonds  as  prescribed  by  the 
Charter.  The  case  was  taken  to  Court,  and  the  Court  decided  the  Charter 
provision  could  not  be  thus  repealed.  This  case,  known  as  the  Sayers  case, 
is  cited  at  the  foot  of  this  note.  In  the  case  of  Eice  vs.  Foster,  4  Har. 
479.   (yr.  1847)   the  Court  said: 

Booth,  C.  J.;  "  The  legislative,  executive  and  judicial  powers  com- 
pose the  sovereign  power  of  a  State.  *  *  Having 
thus  transferred  the  sovereign  power,  the  people  cannot  resume  or  exer- 
cise any  portion  of  it.  *  *  It  is  equally  clear  that  neither  the  legisla- 
tive, executive,  nor  judicial  dejiartments,  separately,  nor  all  combined, 
can  devolve  on  the  people,  the  exercise  of  any  part  of  the  sovereign 
power,  with  which  each  is  invested  *  *  and  in  no  case  whatever  can 
they  be  transferred  or  delegated  to  any  other  body  or  persons;  not  even 
to  the  whole  people  of  the  State,  and  still  less  to  the  people  of  a  county. 

*  *  If  the  legislative  functions  can  be  transferred  or  delegated  to  the 
people,  so  can  the  executive  or  judicial  power,"  p.  488-9.  In  a  later  case, 
the  Court  said : 

Harrington,  C.  J.:  "  The  judgment  in  Eice  vs.  Foster,  imposed  no 
limit  on  legislative  power,  as  existing  in  the  Gen- 
eral Assembly.  It  only  denied  the  right  to  delegate  that  power,  to  be 
exercised  by  a  direct  vote  of  the  people  themselves;  a  principle  which  has 
since  been  recognized,  we  believe,  wherever  it  has  been  judicially  consid- 
ered. '  '■ 

State  vs.  Allmond,  2  Houst.  612  at  639.  (yr.  1863) 

In  the  Fountain  case,  below  cited,  the  Court  said: 

Penneicill,  J.:  "Eeference  has  been  made  in  the  argument  to  the 
case  of  Eice  vs.  Foster,  4  Harr,  479,  in  which  it  was 
held  that  the  Local  Option  Act  of  1847  was,  under  the  Constitution  then 
in  force,  an  unconstitutional  exercise  of  legislative  power.  The  decisions 
in  that  case  made  it  impossible  for  the  Legislature  to  pass  any  valid  law 
authorizing  the  people  to  decide  by  ballot  whether  the  manufacture  and 


418  ACTS  OF  THE  GENERAL  ASSEMBLY. 

sale  of  intoxicating  liquors  should  be  licensed  or  prohibited,  and  such 
condition  necessarily  continued  until  there  was  a  change  in  the  funda- 
mental law, ' '  (fee,  meaning  a  change  in  the  Constitution. 

State  vs.  Fountain,  6  Penn.  520  at  527.   (yr.  1908) 

As  to  what  duty,  if  any,  one  owes  to  such  so  called  "laws,"  i.  e., 
where  the  legislative  power  has  been  delegated  to  the  people,  and  the 
people  have  voted  upon  questions  thus  submitted  to  them,  the  Court  said: 

Harrington,  C.  J. :  — ' '  the  delegation  of  such  power  is  unauthorized 
and  invalid,  and  the  execution  of  it  is  not  an 
act  of  legislation,  but  of  usurpation,  which  the  citizen  is  not  obliged,  and 
the  other  departments  of  government  are  not  at  liberty  to  obey." 

Eiee  vs.  Foster,  4  Har.  479  at  503.   (yr.  1847) 

The  case  below  cited,  (it  being  the  same  one  above  mentioned,  in  re- 
gard to  surety  bonds,)  makes  the  said  act  worthless,  as  all  ordinances 
passed  pursuant  to  it,  would  be  void,  as  was  the  one  in  the  Sayers  case. 

State  Del.  ex  rel  The  Mayor  and  Council  of  Wil.  vs.  Sayers.  (yr. 
1907).    App.  Dock.  p.  425. 

See  Sec.  97,  "  a "  of  the  Charter. 

to°operate^  Conviction  of  sucli  ail  offense  shall  operate  to  remove  the 

from  office     person  so  convicted  from  any  municipal  office  he  then  holds, 

and  render  him  ineligible  to  hold  any  position  as  an  official  or 

emploj^ee  of  the  City  of  AVilmington  for  a  period  of  five  years 

from  the  date  of  such  conviction. 

Approved  March  9,  A.  D.  1907. 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


419 


CHAPTER  XII. 


ACTS  IN  RELATION  TO  PUBLIC  SCHOOLS. 


Page 
Act  to   Provide  for  the  Or- 
ganization   and    Control    of 
the    Public    Schools    of    the 

City    of    Wilmington 419 

Act  Vesting  Title  to  Cer- 
tain   Schools     in     Board    of 

Education    438 

Act  to  Compel  the  Attend- 
ance of  Children   at  Public 

Schools    439 

Act  Providing  Graded 
School  Facilities  for  the 
Children  of  this  State. 
Provisions  Applying  to 
Wilmington     445 


Page 
Act    Requiring    the    Consti- 
tution   of    the    State    to    be 
Taught    and     Explained    in 

Schools     450 

Act  to  Provide  for  the 
Purchase  and  Display  of 
U.      S.      Flags     on      School 

Buildings     450 

Act  Authorizing  the  Board 
of  Education  to  Borrow 
$160,000  for  Erecting  and 
Equipping  School  Houses 
in    Wilmington    451 


AN  ACT  to  provide  for  the  organization  and  control  of  the  23  ^  l  i40. 
Public  Schools  of  the  City  of  Wilmington. 

Section  1.    That  the  City  of  Wihuington  with  the  terri-  city  of  wii- 

•^  mington 

tory  within  its  limits,  or  which  in  the  future  mav  be  inchided  consolidated 

"^  '  .  *  .  ,  school  dis- 

by  additions  thereto,  shall  be  and  constitute  a  consolidated  trict. 
school  district,  and  the  supervision  and  government  of  public 
schools  and  public  school  property  therein  shall  be  vested  in  a 
board  of  thirteen   members,    to    be   called  and  known  as  the 
"Board  of  Public  Education  in  Wilmington."    Said  Board  of  goardof 

^  Education. 

Education  as  hereinafter  constituted,  is  hereby  created  a  cor-  ^ 

Incorpo- 

poration,  («)  having  perpetual  existence  and  succession,  and  bj' lated. 
and  in  said  name  shall  have  power  to  purchase,  lease,  receive,  Powers, 
hold  .and  sell  property,  real  and  personal,  sue  and  be  sued  (^) 
and  to  do  all  things  necessary  to  accomplish  the  purposes  for 
which  such  school  district  is  organized,  and  shall  succeed  to  and 
be  vested  with,  and  be  seized  and  possessed  of  all  the  privileges 
and  property  of  whatever  kind  or  nature  granted  or  belonging 
to  any  previous  school  corporation,  or  Board  of  Education,  or 


420 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


school  districts  in  the  City  of  Wilmington  and  said  territory, 
or  officers  thereof  authorized  or  empowered  by  an  enactment 
of  the  General  Assembly  of  the  State  to  do  anything  in  refer- 
ence to  public  education,  or  to  hold  any  of  said  property. 

(a)  Note  that  the  "Board  of  Public  Education  in  Wihnington"  is  a 
corporation.  The  Street  and  Sewer  Department,  the  Water  Department, 
and  the  other  departments  of  the  city,  are  simply  agencies  of  the  city,- — ■ 
agencies  of  ' '  The  Mayor  and  Council  of  Wilmington. ' ' 


(b)   For  the  meaning  of  these  powers,  see  Sec.  2,  "a,' 
and  "  d. "  of  th*e  Charter. 


"b," 


Powers  and 
duties. 


Kinder- 
gartens. 


Grades. 


Sec.  2.  The  Board  of  Education  in  Wilmington  shall  have 
general  and  supervising  control,  government  and  management 
of  all  the  public  schools  and  all  public  school  property  of  the 
city;  shall  exercise  generally  all  powers  in  the  administration 
of  the  public  school  sj'stem  therein,  appoint  such  officers, 
agents  and  employees  as  it  may  deem  necessary  and  fix  com- 
pensation ;  shall  have  power  to  lix  the  time  of  its  meetings,  to 
make,  amend  and  repeal  rules  («)  and  by-laws  for  its  meetings 
and  proceedings,  for  the  government,  regulation  and  manage- 
ment of  the  public  schools  and  school  property  of  the  city,  and 
for  the  transaction  of  its  business.  The  said  board  also  shall 
have  power : 

(a)    ' '  Eules ' '  must  be  general  in  their  application.     For  the  legal 
meaning  of  the  word,  see  Sec.  76,  "a"  of  the  Charter,  and  the  case  of 
Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  176.   (yr.  1894) 

1.  To  establish  kindergartens,  elementary  schools,  one  or 
more  high  schools,  manual  training  schools,  or  classes,  evening 
school,  special  and  truant  schools,  training  schools  or  classes 
for  teachers,  and  to  discontinue  or  consolidate  any  of  such 
schools. 

2.  To  establish  or  change  the  grades  of  all  schools  and 
to  adopt  and  modify  courses  of  study  therefor. 


3.    To  fix  a  standard  of  minimum  qualifications  as  a  neces- 


Of  teachers 
and  their 

quaiiflca-       gary  requirement  for  the  service  of  all  superintendents,  prin- 

xions,  S3,l3,ry, 

etc.  cipals  and  teachers,  («)  to  fix  their  salaries,  and  to  dismiss  them 

at  any  time  for  incompetency,  neglect  of  duty  or  immorality ; 
after  an  impartial  hearing  of  charges  to  prescribe  and  enforce 


Salaries. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  421 

such  rules  and  conditions  as  it  may  deem  proper  for  the  ad-  gtc'^oT^""' 

mission,  suspension  or  expulsion  of  pupils  of  said  school.         pupus. 

(a)   As  to  employing,  &c.,  teachers,  see 

Smith  vs.  School  Dist.  1  Penn.  401.   (yr.  1898),  and 

Kitchens  vs.  School  Dist.,  5  Penn.  325.   (yr.  1905) 

4.  To  purchase,  lease  or  improve  land  and  sites  for  school  ing  and  "' 
houses  and  school  purposes ;  to  build,  purchase,  lease,  enlarge,  thereof.^'^ 
improve,  alter  and  repair  school  houses  and  their  appurte- 
nances; to  purchase,  improve,  exchange  and  repair  school  ap- 
paratus, books,  furniture  and  appendages ;  to  procure  fuel  and 
defray  the  contingent  expenses  of  schools  under  its  control ;  to 
pay  the  salaries  and  wages  of  all  officers,  principals,  teachers 
and  employees  of  said  Board  of  Education. 

5.  To  appoint  as  herein  provided : 

1.  A  Secretary  of  the  Board  of  Education,  who  will  serve  secretary. 
during  the  pleasure  of  the  Board. 

2.  A  Superintendent  of  Public  Schools  who  shall  serve  superin- 
during  the  pleasure  of  the  Board.    The  Board  may  from  time  assistant. 
to  time  appoint  one  or  more  persons  to  assist  the  Superintend- 
ent in  the  discharge  of  his  duties. 

6.  The  Board  of  Public  Education  shall  have  power  to  Rules  and 
enact  rules  («)  and  regulations  for  the  proper  execution  of  all 
duties  devolved  or  devolving  upon  said  Board,  its  members 

and  committees ;  for  the  transaction  of  all  business  pertaining 
to  the  same;  for  defining  the  duties  of  all  its  officers,  clerks, 
superintendent,  principals,  teachers,  subordinates  and  em- 
ployees; for  regTilating  the  manner  of  making  disbursements 
from  any  of  the  funds  appropriated  for  school  purposes ;  for 
the  execution  of  all  powers  vested  in  it  by  law,  and  for  the  pro- 
motion of  the  welfare  and  best  interests  of  the  public  schools 
and  public  school  system  of  the  city.^ 

(a)    See  Sec.   2,  "a"  of  this  Act  as  to  the  meaning  of  the  word 
"rules." 


1;  See  Sec.  16,  21  D.  L.  p.  185  as  to  certain  duties  of  each  Board  of 
Education  of  incorporated  school  districts  as  to  flags,  maps  of  the  U.  S. 
and  the  State  of  Delaware,  the  teaching  of  physiology  and  hygiene,  and 
the  effects  of  alcoholic  drinks  and  narcotics  upon  the  human  system,  and 
the  teaching  of  the  Constitutions  of  the  U.  S.  and  the  State  of  Delaware, 
when  instruction  is  given  in  U.  S.  history.  See  also  20  D.  L.  p.  22  as  to 
U.  S.  flag.  (See  p.  450  this  volume  as  to  Act.)  See  also  24  D.  L.  p.  222 
where  the  Constitution  of  the  State  of  Delaware  is  required  to  be  taught 
and  explained  to  the  scholars  of  each  and  every  one  of  the  .public  schools 
of  the  State.     (See  p.  450  of  this  volume  for  the  Act.) 


422 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Board  of 

Education, 
number. 


President, 

how 

chosen. 


■^Tien  to  be 
elected. 


Terms. 


Vacancy. 


How  to  be 
filled. 


Term  of 
appointee. 


Vacancy  of 
President, 
how  filled. 


Term  of 
appointee. 


Sec.  3.  On  and  after  the  thirtieth  day  of  June,  1905,  the 
Board  of  Education  in  Wilmington  shall  be  composed  of  thir- 
teen members,  one  of  whom  shall  be  elected  from  each  of  the 
wards  of  the  said  city  by  the  electors  residing  («)  in  each  ward 
respectively",  and  the  remaining  member  who  shall  be  the  Presi- 
dent, shall  be  elected  by  the  electors  of  the  city  at  large.  At 
the  city  election  for  members  of  the  Board  of  Education  to  be 
held  on  the  second  Saturday  in  June,  1905,  one  member  of  said 
Board  shall  be  elected  from  the  residents  in  each  of  said  wards 
by  the  electors  residing  in  each  ward  respectively.  Members 
from  the  First,  Third,  Fifth,  Seventh,  Ninth  and  Eleventh 
wards  shall  be  elected  for  the  term  of  two  (2)  years;  those 
from  the  Second,  Fourth,  Sixth,  Eighth,  Tenth  and  Twelfth 
wards  for  the  term  of  four  (4)  years.  The  President  shall  be 
elected  for  the  term  of  four  (4)  years.  Their  terms  of  office 
shall  commence  on  the  thirtieth  day  of  June,  1905,  at  12 
o'clock  noon.  At  an  election  to  be  held  bienniallj^  on  the  sec- 
ond Saturday  of  June  in  the  City  of  Wilmington  next  preced- 
ing the  expiration  of  the  terms  of  any  of  the  said  members  of 
the  Board  of  Education  their  successors  shall  be  elected  for  a 
term  of  four  years  each.  Kemoval  of  any  member  of  said 
Board  from  the  ward  from  which  such  member  was  elected 
shall  create  a  vacancy  in  his  office.  In  case  a  vacancy  shall 
occur  in  the  office  of  a  member  of  the  Board  of  Education  for 
any  cause,  the  remaining  members  of  said  Board  shall  fill  such 
vacancy  hj  the  appointment  of  a  suitable  person  from  the 
ward  where  such  vacancy  occurs,  qualified  by  law  to  be  elected 
thereto ;  and  the  person  so  appointed  shall  hold  office  by  virtue 
of  such  appointment,  until  the  thirtieth  day  of  June  following 
the  next  succeeding  biennial  school  election,  at  which  election 
a  member  shall  be  elected,  as  provided  in  this  Act,  for  the  un- 
expired term.  In  case  a  vacancy  shall  occur  in  the  office  of 
the  President,  the  Board  shall  fill  such  vacancy  by  the  appoint- 
ment of  one  of  its  members  qualified  by  law  to  be  elected  there- 
to ;  and  the  person  so  appointed  shall  hold  said  office  of  Presi- 
dent by  virtue  of  such  appointment  until  the  thirtieth  day  of 
June  following  the  next  and  succeeding  biennial  school  elec- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  423 

tion,  at  which  election  a  new  President  shall  be  elected,  as  pro- 
vided in  this  Act. 

(a)   Eesidence  is  a  question  of  intent,  or  rather  of  act  and  intent 
combined.     See  Sec.  11,  "b, "  j).  405  of  tliis  volume. 


Qualifica- 
tion I 
bers. 


Sec.  4.  The  members  of  the  Board  of  Education  shall  be  at 
least  twenty-five  years  of  age,  and  shall  have  been  residents  («)  tionof  mem- 
of  the  City  of  Wilmington  for  at  least  three  years  immedi- 
ately preceding  their  election ;  said  members  shall  have  been 
bona  fide  free  holders  in  said  city  for  at  least  one  month  before 
their  election,  and  must  be  qualified  to  vote  at  school  elections. 
They  shall  be  ineligible  to  any  elective  or  appointive  office  un- 
der such  Board  of  Education  while  holding  membership  in  ^haf  offll^es. 
said  Board.  They  shall  not  be  interested  either  directly  or  in-  interest  in 
directly  in  any  contract  with  or  claim  against  the  said  "Board  quaHfies.*^^^" 
of  Public  Education  in  Wilmington."  If  at  any  time  after 
the  election  of  any  member  of  said  Board,  he  shall  become  in- 
terested in  any  such  contract  with  or  claim  against  said  Board, 
he  shall  thereupon  be  disqualified  to  continue  as  a  member  of 
said  Board,  and  a  vacancy  shall  thereby  be  created.  Every 
member  of  said  Board  shall,  before  assuming  the  duties  of  his  ^^^^■, 
office,  take  an  oath  or  affirmation  before  some  one  qualified  to 
administer  oaths,  that  he  possesses  all  the  qualifications  re- 
quired by  this  Act,  that  he  will  honestly  and  faithfully  dis- 
charge the  duties  of  his  office,  that  he  will  not,  while  serving  as 
a  member  of  said  Board,  become  interested,  directly  or  indi- 
rectly, in  any  contract  with  or  claim  against  said  Board,  and 
that  he  will  not  be  influenced,  during  his  term  of  office,  by  any 
political  or  sectarian  considerations,  or  by  anything  except 
that  of  merit  and  fitness  in  the  appointment  of  officers  and 
the  engagement  of  employees,  and  that  he  is  a  bona  fide  resi- 
dent of  the  ward  from  Avhicli  elected.  No  compensation  shall  compensa- 
be  .received  by  members  of  the  Board ;  but  they  shall  be  ex- 
empt'from  jury  duty  during  their  term  of  office.  Each  mem- 
ber, before  entering  upon  office  shall  take  the  following  oath 
or  affirmation:    I,  do  solemnly  swear  (or  affirm)  Form  of 

that  I  have  been  a  bona  fide  freeholder  in  the  City  of  Wilming- 
ton for  the  period  of  one  month  prior  to  my  election,  and  a 
qualified  voter  in  the  ward  for  which  I  am  chosen  a  member 
of  the  Board  of  Public  Education  in  Wilmington :  that  I  will 


424 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


By  whom  to 
be  adminis- 
tered. 


Removal  of 
member  for 
what  rea- 
sons. 


Notice  of 
charges. 


Hearing 


diligently  and  faithfully  perform  the  duties  of  a  member  of 
said  Board  according  to  the  best  of  my  knowledge  and  judg- 
ment ;  and  that  I  will  not  be  controlled  in  any  vote  or  action  as 
a  member  of  said  Board  from  political  or  partisan  considera- 
tions. Such  oath  or  affirmation  may  be  administered  by  the 
President,  Secretary,  or  any  member  of  the  Board  as  well  as 
by  any  officer  by  law  authorized  to  administer  oaths  or  affirma- 
tion. 


(a)   As  to  the  legal  meaning  of 
this  Act. 


■  residents, ' '  see  Sec.  3, 


of 


The  Board  ma}^  remove  any  of  its  members  upon  proof, 
either  of  official  misconduct  in  office,  or  of  negligence  of  offi- 
cial duties,  or  of  conduct  in  any  manner  connected  with  his 
official  duties  which  would  tend  to  bring  discredit  to  his  office 
or  the  school  system,  or  of  mental  or  physical  inability  to  per- 
form his  duties  as  a  member  of  said  Board;  but  before  such 
removal  of  said  member,  he  shall  receive  due  and  timely  notice 
in  writing  of  the  charges  against  him,  and  a  copy  thereof,  and 
shall  be  entitled  to  a  hearing  before  said  Board,  and  to  the  as- 
sistance of  counsel  at  said  hearing. 


Elections, 
how  held. 


Manner  of 

naming 

candidates. 


Manner  of 
nominating. 


Sec.  5.  Elections  for  said  Board  shall  be  held  under  the 
provisions  of  the  general  laws  («)  governing  city  elections,  so 
far  as  they  are  consistent  with  the  provisions  of  this  Act.  Not 
later  than  fifteen  days  before  any  election  for  members  of  the 
Board  of  Education  provided  for  in  this  Act,  electors  qualified 
under  the  provisions  of  this  Act  may  present  names  of  candi- 
dates for  election  as  members  of  said  Board  of  Education  to  a 
board  of  canvassers,  consisting  of  the  President  of  the  Board 
of  Education,  the  Mayor,  the  Treasurer  and  the  City  Solicitor 
of  the  city,  in  the  manner  following :  Each  candidate  shall  be 
proposed  in  writing  by  not  fewer  than  twenty-five  of  said 
qualified  electors.  No  more  than  one  candidate  may  be  named 
in  any  one  petition,  and  no  person  may  sign  more  than  one 
petition  for  any  one  election.  Candidates  for  election  in  each 
of  the  Avards  must  be  proposed  by  qualified  electors  residing  in 
the  respective  wards.  The  candidate  for  election  for  Presi- 
dent from  the  city  at  large,  may  be  proposed  by  qualified  elec- 
tors resident  in  any  part  of  the  city.    Said  proposition  or  pe- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  425 

titions  nominatino'  candidates  for  said  Board  of  Education  Petitions  of 

^  nomination 

shall  be  tiled  with  the  Secretary  of  said  Board,  who  shall  be  ^^^'^  ^'ith 

_  '  whom. 

ex-officio  the  Secretary  of  the  said  board  of  canvassers.  Upon 
the  presentation  of  such  petitions  to  the  board  of  canvassers, 
the  said  board  of  canvassers  shall  publish  at  the  expense  of  the 
said  Board  of  Public  Education  for  five  secular  days  next  pre- 
ceding said  school  elections,  and  the  names  so  proposed,  in  at 
least  two  daily  newspapers  of  the  city,  and  shall  certify  at  the  ^g^l^jn"^' 
time  required  by  law  such  nominations  to  the  Department  of  ^^'^  news- 

,  .  papers. 

Elections  for  said  city.     Said  Department  of  Elections  shall 

prepare  ballots   in  form  as  hereinfter   directed  printed  on  Ballots,  how 

-^      ^  ,       '■  prepared. 

plain  paper,  at  the  expense  of  the  said  Board  of  Public  Edu- 
cation, containing  the  names  of  all  such  candidates,  arranged 
in  an  order  to  be  determined  according  to  lot  by  said  board  of 
canvassers.     Ballots  to  be  used  at  such  school  elections  shall  f  of."!  °^ 

ballots. 

contain  the  words  "School  Election  in  First  ward  and  like- 
wise for  each  of  the  other  wards,"  the  date  of  holding  said 
election,  the  names  of  the  candidates  arranged  in  so  many 
groups  as  may  be  necessary  so  that  there  may  be  appropriate 
designations  and  directions  at  the  head  of  each  group  showing 
the  terms  for  which  the  persons  therein  were  nominated, 
whether  they  are  nominees  for  such  ward  or  for  the  city  at 
large,  and  the  number  of  persons  who  may  be  voted  for  in  each 
group.  The  electors  shall  designate  their  choice  of  candidates  how  to^vote. 
to  be  voted  for  in  each  of  such  groups  by  drawing  a  line 
through  the  names  of  all  persons  in  each  group,  except  those 
candidates  in  each  group  desired  to  be  voted  for  by  them.  De- 
fective designation  of  an  elector's  choice  in  one  or  more  of 
such  groups  of  candidates  shall  not  invalidate  said  ballot  so 
far  as  there  shall  appear  to  be  a  proper  designation  of  choice 
in  any  other  of  said  groups  of  candidates.  Such  ballots  shall  voted*^'  ^^°^ 
be  voted  at  said  special  election  and  deposited  in  a  ballot  box 
provided  by  the  said  Department  of  Elections  for  such  pur- 
pose. The  name  of  any  candidate  shall  not  be  thus  published 
and  placed  on  the  official  ballot  by  said  board  of  canvassers  if  dltl^s  name' 
it  shall  appear  that  he  is  ineligible  for  membership  on  the  said  nshed!'^ 
Board  of  Education  under  the  provisions  of  Section  4  of  this 
Act.  The  candidate  or  candidates  to  be  elected  from  each 
School  Election  District  receiving  the  plurality  of  votes  from 


426 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Plurality  of 
votes  de- 
termine. 


Qualifica- 
■  tions  of 
electors. 


Proviso. 


Female  in- 
habitant, 
when  may 
vote. 


Tax  receipt 
prima  facie 
evidence  of 
right  to 
vote. 


Challenge. 


Oath  of  fe- 
male when 
challenged. 


such  district,  and  the  candidate  or  candidates  to  be  elected 
from  the  city  at  large  receiving  the  plurality  of  votes  for  the 
city  at  large  shall  be  declared  elected.  If  at  any  election  a 
member  is  to  be  chosen  to  fill  a  vacancy  and  to  serve  out  an 
unexpired  term,  candidates  may  be  chosen  as  above  provided. 

(ft)  Under  a  similar  provision,  whereby  portions  of  the  general  elec- 
tion law  were  incorporated  in  the  Board  of  Education  Election,  the  Court 
held  that  the  provision,  in  the  general  election  law,  relating  to  assaults 
and  batteries  on  election  oflficers,  was  applicable  in  cases  of  assaults  and 
batteries  on  election  officers  holding  the  Board  of  Education  election,  and 
that,  in  such  cases,  the  Municipal  Court,  and  not  the  Court  of  General 
Sessions,  had  exclusive  jurisdiction. 

State  vs.  Anderson,  I  Marv.  526  at  527.   (yr.  1893) 

See  Sec.  47,  "a,"  p.  299  of  this  volume. 

Sec.  6.  Said  members  of  the  Board  of  Education  shall  be 
chosen  by  ballot  in  manner  and  form  hereinbefore  provided 
by  the  residents  of  the  city  who  shall  have  been  qualified  to 
vote  at  the  last  preceding  city  election. 

Provided  that  everj^  female  inhabitant  of  said  city  Avho 
is  of  the  age  of  twenty-one  years  («)  and  upwards,  and  has  re- 
sided (^)  within  said  city  for  three  months  next  preceding  the 
election  for  members  of  the  Board  of  Public  Education  in  Wil- 
mington, and  in  the  ward  where  she  offers  to  vote  for  at  least 
one  month  next  preceding  said  election,  and  who  shall  also  be 
a  bona  fide  freeholder  within  said  city  and  shall  have  been. as- 
sessed for  and  paid  a  school  tax  for  the  City  of  Wilmington 
for  the  preceding  year,  shall  be  entitled  to  vote  for  members 
of  said  Board.  In  the  absence  of  objection  or  challenge,  the 
production  of  a  receipt  for  said  school  tax  shall  be  prima  facie 
evidence  of  the  right  of  said  female  inhabitant  to  vote  at  said 
school  election.  In  case  of  objection  to  or  challenge  of  said 
female  voter,  the  inspector  of  said  election  shall  cause  said  fe- 
male voter  offering  to  vote  at  said  election  to  take  the  follow- 
ing oath : 

I,  do  swear  (or  affirm)  that  I  am  of  the 

age  of  twenty-one  years  or  upwards,  and  have  resided  within 
the  City  of  Wilmington  for  three  months  last  past,  and  in  the 
ward  where  I  now  offer  to  vote  for  at  least  one  month  last  past. 

(a)  One  is  of  the  age  of  21  years  the  day  tefore  the  anniversary  of 
hi^  birthday. 

See  Sec.   11,  "a,"  p.  404  of  this  volume. 

(b)  See  Sec.  3,  "a"  of  this  Act,  as  to  "residence." 


ACTS  OF  THE  GENERAL  ASSEMBLY.  427 

The  taking  of  said  oath  shall  not  relieve  said  female  in- 
habitant offering  to  vote  as  aforesaid  from  the  production  at 
said  election  of  the  receipt  for  said  school  tax  as  aforesaid. 

Every  female  inhabitant  of  said  city  possessing  the  re-  hibitint"' 
quirements  above  specified,  shall  be  qualified  to  vote  at  all  elec-  "^^*  *°  ^°*®- 
tions  for  members  of  said  Board,  and  if  25  years  of  age  or  up-  membLl-ship 
wards,  shall  also  be  eligible  for  membership  in  said  Board.        ""^  Board. 

No  member  of  City  Council   shall   be   a   member  of  the  ^^'^  i^eu"^^^" 
Board  of  Public  Education.     The  Board  of  Education  shall  f^^^^^^ 
appoint  a  place  or  places  for  holding  the  school  election  in  each  ^/l^^t^o^f 
ward,  and  give  notice  thereof  in  two  or  more  newspapers  pub-  gQl^d*^ 
dished  in  the  City  of  Wilmington  for  ten  days  previous  to  the  j^^^j^g 
time  of  holding  said  election,  and  shall  also  give  at  least  four 
days'  notice  thereof  by  hand  bills,  under  the  name  of  the  Sec- 
retary of  the  Board,  posted  in  four  or  more  of  the  most  public 
places  in  each  ward.    The  Department  of  Elections  of  the  City 
of  Wilmington  shall,  at  the  request  of  said  Board,  appoint  ^i^c*tion.°^ 
three  men  as  inspectors  for  each  polling  place  designated  as 
aforesaid,  whose  duty  it  shall  be  to   hold  said  election  and 
judge  of  the  qualifications  of  voters,  and  otherwise  conform  to 
the  requirements  of  law  in  that  behalf.     The  three  inspectors 
thus  appointed  for  any  polling   place   shall   be   from   among 
those  persons  who  at  the  last  preceding  city  election  acted  as 
inspectors  within  the  ward  in  which  they  are  appointed  to  hold 
the  school  election,  and  they  shall  not  all  be  of  the  same  politi- 
cal faith.    Two  of  said  inspectors  may  act  as  clerks,  and  as  a  party'^repre- 
part  of  their  duties  shall  keep  a  list  of  the  names  and  resi-  s^"*®*^- 
dences  of  electors  who  shall  have  voted  at  each  polling  place. 
The  election  of  members  of  the  Board  shall  be  held  on  the  sec-  Time  of 
ond  Saturday  in  June  in  the  year  nineteen  hundred  and  five,  ®i®'^tion. 
and  at  the  same  time  in  every  second  year  thereafter.     Said 
election  shall  be  held  in  the  afternoon,  the  polls  being  opened  Opined!  ^" 
at  twelve  o'clock   or   within   thirty   minutes   thereafter,  and 
closed  at  six  o  'clock.    If  the  inspectors  appointed  and  directed 
as  aforesaid  to  hold  said  election  shall  refuse  to  serve  or  are  eiectiorf o°f- 
not  at  the  place  of  election  at  the  time  of  opening  the  polls,  openlifg  of 
the  voters  present,  shall  by  plurality,  without  ballot,  choose  an  ^nla.   °^ 
officer  or  officers  for  holding  the  election  in  the  place  of  the 


428 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Oath  of 
election  of- 
ficers. 


Organiza- 
tion of  elec- 
tion officers. 


Chairman. 


Voter  chal- 
lenged. 


Oath  to 

challenged 

voter. 


"When  voter 
may  be  re- 
fused. 


Perjury. 


one  or  more  so  refusing  or  not  present.  The  officers  holding 
the  election  shall,  before  opening  the  election,  each  take  an 
oath  or  affirmation  as  follows : 

I,  ,  do  solemnly  swear  (or  affirm)  that 

in  holding  the  election  this  day  for  members  of  the  Board  of 
Public  Education  in  Wilmington,  I  will  faithfully  discharge 
my  duty  and  make  true  certificates  thereof  and  deliver  the 
same  according  to  law,  so  help  me  God  (or,  I  solemnly  affirm). 

The  inspectors  appointed  or  chosen  as  aforesaid  to  hold 
said  election  shall  meet  at  the  polling  places  to  which  they  are 
allotted,  and  shall  organize  as  a  Board  by  selecting  one  of  their 
number  to  act  as  chairman,  but  in  case  of  failure  to  so  organ- 
ize within  fifteen  minutes  after  the  time  fixed  for  meeting,  the 
chairman  shall  be  selected  by  lot.  The  inspector  selected  as 
chairman  is  authorized  to  administer  the  oath  or  affirmation 
hereinbefore  provided  to  the  other  inspectors  and  either  of 
them  or  to  each  other. 

Any  person  applying  to  vote  for  members  of  said  Board 
may,  on  any  day  of  election,  be  challenged  by  anj^  qualified 
voter  of  the  City  of  Wilmington  ;  and  any  one  of  the  inspectors 
of  election  at  the  polling  place  where  said  person  is  challenged 
may,  at  any  such  time  or  times,  and  one  of  them  shall,  admin- 
ister to  any  male  person  challenged  the  following  oath  or  af- 
firmation : 

You  do  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  such  questions  as  shall  be  asked  you  touching  your 
qualifications  as  an  elector,  so  help  me  God  (or  so  you  sol- 
emnly affirm). 

Any  person  who  may  be  offered  as  a  witness  to  prove  the 
qualifications  of  any  person  so  claiming  the  right  to  vote,  shall 
also  be  sworn  or  affirmed  in  like  manner.  Any  person  refus- 
ing to  take  such  an  oath  or  affirmation,  if  so  required,  or  re- 
fusing to  answer  such  questions  as  may  be  asked  touching  his 
qualifications  as  an  elector,  shall  not  be  permitted  to  vote.  If 
any  person,  male  or  female,  taking  an  oath  or  affirmation  pro- 
vided for  in  this  section,  shall  swear  falsely,  he  shall  be  deemed 
guilty  of  perjury,  and  upon  conviction,  shall  be  punished  by 


ACTS  OF  THE  GENERAL  ASSEMBLY.  429 

fine  or  imprisonment,  or  both,  at  the  discretion  of  the  trial 
court. 

It  shall  be  the  duty  of  the  Department  of  Elections  for  Department 
the  City  of  Wilmington,  on  or  before  the  hour  of  12  noon,  on  its  duty, 
the  day  of  the  holding  of  any  election  for  members  of  said 
Board  provided  for  in  this  Act,  to  deliver  at  the  places  for 
holding  of  said  elections  so  designated  bv  the  Board  of  Public 

°  &  ^  Books  of 

Education  in  Wilmington,  all  books  of  registered  voters  used  registered 

voters. 

at  the  next  preceding  city  election,  («)  containing  the  names  of 
residents  within  the  voting  district  for  which  said  polling 
place  is  designated  as  aforesaid.  Said  books  of  registered 
voters  shall  be  used  by  the  officers  holding  said  school  election 
to  determine  the  qualifications  of  all  males  offering  to  vote  at 
said  election  and  who  are  qualified  to  vote  at  school  elections, 
and  at  the  close  of  the  polls  of  said  election,  shall  be  forthwith 
returned  to  the  said  Department  of  Elections. 

(a)  These  "books"  are  makeshifts.  The  Clerk  of  the  Peace,  since 
1897,  without  warrant  of  law,  has  been  copying  the  names  off  the  genuine 
books,  used  at  the  preceding  general  election,  and  on  these  copies,  the  city 
elections  have  been  held.  The  consequence  has  been,  that  there  has  not 
been  a  valid  city  election  since  the  new  Constitution  went  into  effect  in 
1897,  and  there  will  not  be  any  until  the  law  is  amended,  recjuiring  the 
Clerk  of  the  Peace  to  turn  over  to  the  Department  of  Elections  the  origi- 
nal and  legal  books  used  at  the  last  general  election,  to  be  used  at  the 
municipal  election  following. 

The  officers  holding  said  election  shall,  upon  the  closing  of  Returns  of 
the  polls,  forthwith  proceed  to  count  the  votes  for  the  several  election. 
candidates  voted  for  at  said  election,  and  shall  prepare  and 
severally  sign  duplicate  returns  of  said  votes  upon  blanks  fur- 
nished said  election  officers  by  the  said  Board  of  Public  Educa- 
tion in  Wilmington.    One  of  said  duplicate  returns  shall,  to-  rp^  ^hom 
gether  with  the  ballots  cast  at  said  election,  and  the  list  of  elec-  "delivered, 
tors  who  shall  have  voted,  be  deposited  in  the  ballot  box,  which 
box  shall  be  thereupon  securely  sealed  and  retained  in  the  ex- 
clusive custody  of  the  chairman  of  the  election  officers  of  the 
respective  polling  places  until  the  meeting  of  the  Board  of 
Canvass  as  hereinafter  provided.    The  other  certificate  of  said 
return  shall  be  forthwith  delivered  to  the  Secretary  of  the  said 
Board  of  Public  Education  in  Wilmington. 


430  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Board  of  That  Oil  the  IMondav  following  the  holdiiie  of  any  city 

canvass.  _  ^  °  *=  J  J 

school  election  the  chairman  of  the  election  officers  of  the  re- 
spective polling  places  where  said  elections  have  been  held  as 
aforsaid,  shall,  at  eleven  o'clock  in  the  forenoon,  meet  at  the 
rooms  of  the  Board  of  Public  Education  in  Wilmington,  where 
the  meetings  of  said  Board  are  usually  held,  and  shall  there 
produce  the  said  ballot  boxes,  together  with  their  contents,  and 
shall  proceed  forthwith  to  canvass  the  returns  of  the  vote  for 
the  candidates  for  said  Board,  using  for  the  purpose  of  the 
said  canvass  and  the  determination  of  the  votes  cast  for  any 
candidate  for  said  Board,  the  certificates  of  election  returns 
theretofore  deposited  with  the  Secretary  of  said  Board. 

When  ballot  Kecoursc  to  the  certificate  of  election  returns  remaining  in 

be'op^ened'     the  ballot  boxes  shall  be  had  by  said  Board  of  Canvass  («)  only 

in  case  of  the  absence,  illegibility,  defacement  or  alteration  of 

the  certificate  theretofore  deposited  with  the  Secretary  of  said 

Board.     Recourse  to  the  ballots  in  any  one  said  ballot  boxes 

Sbe're^  °  ^  shall  be  had  only  in  case  of  a  sworn  allegation  of  the  fraiidu- 

coun  e  .        j^^^  miscount  or  false  certification  by  the  election  officers  at 

any  polling  place  of  the  ballots  cast  at  such  polling  place. 

(a)   The  duties  of  a  Board  of  Canvass  are  ministerial. 
See  Sec.  25,  "a,"  p.  412  of  this  volume. 

That  upon  the  canvass  of  said  vote,  the  members  of  said 
Board  of  Canvass,  or  a  ma.iority  of  them,  shall  then  immedi- 

Certiflcates  '  J  J  j 

of  results.  atcly  make  out  a  sufficient  number  of  certificates  {^)  of  the  re- 
sult of  said  election  upon  blanks  to  be  furnished  them  by  the 
said  Board  of  Public  Education  in  Wilmington,  under  their 

_      ,  hands,  and  shall  wuthin  two  days  thereafter,  deliver  one  of  said 

To  whom  '  "  ' 

delivered.  certificates  to  the  Secretary  of  the  said  Board  and  one  to  each 
member  elect. 

(a)   Certificates  (in  the  absence  of  statute)   are  not  essential. 
See  Sec.  25,  "b, "  j).  412  of  this  volume. 

Board  to  or-  The  Said  Board  shall  meet  for  organization  on  the  thir- 

ganizewhen.  ^jg^jj  ^^y  ^f  June  immediately  after  said  biennial  election,  or 

on  the  twenty-ninth  of  June  should  the  thirtieth  day  of  June 


ACTS  ©F  THE  GENERAL  ASSEMBLY.  431 

fall  on  Sunday;  and  it  shall  be  the  judge  («)  of  the  election  of 
its  own  members. 

(a)   The  Board  must  keep  within  the  law,  and  not  act  in  bad  faith, 
and  unless  it  so  does,  its  action  will  not  be  final. 
See  Sec.  30,  "b"  of  the  Charter. 

That  all  and  every  of  the  acts  and  duties  relative  to  the 
said  school  election  imposed  upon  or  vested  in  the  said  Board  tive  to  first 
of  Public  Education  in  Wilmington,  shall,  so  far  as  the  first  of  tion  voted 
said  school  elections  to  be  held  under  this  Act,  be  imposed  upon  Board.^^  ° 
and  vested  in  the  de  facto  («)  Board  of  Public  Education  in 
"Wilmington  in  existence  upon  the  approval  of  this  Act. 

(a)    The  Charter  of  the  old  Board  of  Education,  at  the  time  of  the 
passage  of  this  Act,  had  expired  by  limitation. 

Said  election  officers  shall  be  entitled  to  similar  compensa-  compensa- 
tion and  the  expenses  of  the  holding  of  said  elections  shall  be  tlon  officers. 
paid  by  said  Board  of  Education  in  a  similar  manner  as  is  pro- 
vided by  law  in  the  case  of  other  city  elections. 

Sec.  7.  If  any  person  not  having  the  right  to  vote  at  any 
election  held  under  this  Act  shall  vote  at  such  election,  or  if 
any  person  shall  vote  in  a  voting  district  in  which  he  does  not 
reside,  or  if  any  inspector  or  assistant  shall  knowingly  take  («) 
the  vote  of  a  person  not  having  a  right  to  vote,  or  shall  neglect 
or  refuse  to  make  and  deliver  certificates  of  any  election  as  re- 
quired by  Section  6  of  this  Act,  every  such  person,  inspector, 
or  assistant,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction, shall  forfeit  and  pay  a  fine  of  fifty  dollars  to  be  paidmeanor. 
to  the  Board  aforesaid  for  the  benefit  of  the  schools  under  their 

1  Penalty. 

charge. 

(a)   As  to  taking  an  illegal  vote,  knowing  the  person  has  no  right  to 
vote,  see  Sec.  36,  "b,"  p.  294  of  this  volume. 

Sec.  8.  The  Board  of  Education  shall  increase  the  num-  Board  to  in- 
ber  cif  schools  and  improve  the  condition  thereof  and  do  all  facilities. 
acts  necessary  for  establishing  and  maintaining  said  schools  as 
they  shall  deem  expedient  and  necessary  until  there  are  suffi- 
cient schools  to  accommodate  all  the  children  and  minors  re- 
siding in  the  Cit}'  of  Wilmington  whose  parents  or  guardians 
desire  for  them  the  benefit  thereof ;  provided  always,  that  the 


432 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


to  establish*^   schools  for  white  children  and  minors  shall  be  separate  and 
schools  distinct  from  the  schools  provided  for  colored  children  and 

minors.  If  there  shall  be  accommodations  in  such  schools  in 
excess  of  what  may  be  necessary  for  the  seating  and  instruc- 
tion of  such  resident  pupils,  the  said  Board  may  admit  to  any 
of  such  schools  such  number  of  non-resident  pupils  residing 
outside  the  city  limits  in  the  State  of  Delaware,  as  said  Board 
may  deem  proper  and  upon  such  terms  and  conditions  as  said 
Board  may  from  time  to  time  prescribe. 


When  out- 
side pupils 
may  be  ad- 
mitted. 


Quorum. 
Officers. 
President. 

Secretary. 


Board  in 
April  make 
estimate  of 
revenue  and 
expenses. 

Present 
same  to 
City  Council 
in  May. 


Estimate  of 
construction 
of  school 
houses. 


Board  in 
June  to  ap- 
propriate. 


Sec.  9.  Seven  members  shall  form  a  quorum  for  the 
transaction  of  business.  The  officers  of  the  Board  shall  be  a 
President,  who  must  be  a  member,  a  Secretary,  and  such  other 
officers  and  agents  as  may  be  found  necessary.  The  Board  may 
appoint  a  person  not  a  member  of  the  same.  Secretary  thereof, 
prescribe  his  duties,  require  from  him  bonds  with  surety  for 
his  faithful  performance  of  said  duties,  if  deemed  expedient, 
and  allow  him  compensation  for  services  by  stated  salary  or 
otherwise,  as  may  be  considered  proper. 

The  Board  shall,  during  the  month  of  April  in  each  year, 
cause  to  be  prepared  and  laid  before  them  estimates  of  their 
probable  revenue  and  expenses  for  the  ensuing  fiscal  year, 
which  estimates  they  shall  lay  before  the  Council  on  or  before 
the  first  stated  meeting  of  Council  in  May  following.  At  the 
time  of  presenting  to  Council  said  estimates  of  revenue  and 
expenses  the  Board  shall,  if  necessary,  also  in  addition  there- 
to, present  to  Council  an  estimate  not  to  exceed  Twenty  Thou- 
sand dollars  for  the  erection  or  extension  of  school  houses  and 
for  furniture  and  heating  apparatus  for  the  same.^  The  said 
Board,  early  in  June  in  each  yeai-,  after  the  Council  shall  have 
made  appropriation  for  the  use  of  the  public  schools  for  the 
following  fiscal  year  as  hereinafter  mentioned,  sliall  make  ap- 
portionment and  appropriations  for  their  expenditures  for  that 
year,  based  as  nearly  as  may  be,  upon  the  estimates  made  by 
them  in  April  previous,  and  such  apportionment  and  appro- 
priations shall  be  specified  and  arranged  under  the  heads  or 
items  designated  in  said  estimates.     The  expenditures  of  the 


1.     See  23  D.  L.  p.  157. 


ACTS  OF  THE  GENERALr  ASSEMBLY.  433 

year  under  any  head  or  item  of  appropriation,  shall  not  ex- 
ceed that  item  of  appropriation  unless  the  same  be  voted  for 
by  two-thirds  at  least  of  all  the  members  of  said  Board,  a  rec- 
ord of  which  vote  shall  be  made  upon  the  minutes.    Under  no  Appropria- 

■^  _  tion  foi-  con- 

circumstances  shall  the  appropriation  for  the  erection  or  ex-  struction  not 

to  be  used 

tension  of  school  houses,  and  for  furniture  and  heating  appa-  for  any  other 

m  ■  1  purpose. 

ratus  for  the  same,  be  used  for  any  other  purpose.  The  said 
Board  shall  have  no  power  or  authority,  except  when  specially  No  power  to 
authorized  by  a-ct  of  the  General  Assembly,  to  borrow  money,  money. 
or  contract  or  create  any  debt  or  liability  except  ordinary 
debts  and  liabilities  incurred  in  executing  the  duties  imposed 
on  them  by  law,  to  be  paid  out  of  the  said  appropriation  made 
by  Council  and  the  receipts  of  the  year  for  the  time  then  cur- 
rent; (^)  no  money  shall  be  paid  from  the  treasury  of  the 
Board  unless  the  same  shall  have  been  appropriated  as  afore- 
said. 

(a)   See  a  practically  similar  provision  in  Sec.  71  of  the  Charter. 

Sec.  10.    The  said  Board  shall,  during  the  month  of  July 
in  each  year,  cause  to  be  published,   in  two   or  more  of  the 
newspapers  of  the  City  of  Wilmington,  a  full  report  of  their  Accounts  to 
accounts  and  proceedings  during  the  past  year,  setting  forth  i*n  two  news- 
aggregates  under  appropriate  heads.     The  Board  shall  also  ^^'^^'^^' 
depute  one  of  its  members,  together  with  the  Secretary  of 
the  Board,  to  attend  with   and   lay   its   accounts  before  the 
Council  at  the  next  regular  meeting  following  such  publica-  aiso  to  city 
tion,  and  also  to  settle  with  the  State  Auditor. 

Sec.  10. '^     The    City    Auditor    shall    examine    all    bills  ^^^^  Auditor, 
against  said  Board  and  endorse  them  as  correct  before  they  gpl^^V^I"^*^" 
are  presented  to  said  Board  for  payment ;  he  shall  also  ex-  pendUures 
amine  and  countersign  all  drafts' or  orders  and  withhold  his 
signature  in  case  the  draft  or  order  is  made  without  sanction 
of  law,  or  with  any  circumstances  of  fraud  actually  or  pre- 
sumably attached  thereto,  in  all  of  w^hich  cases  he  shall  re- p  ""^^^^'^^Qf 
port  his  action  and  the  groiinds  therefor  to  the  said  Board  proved* by"^" 
at  their  ensuing  meeting ;  said  Board  shall  thereupon  duly,  ^^^^  Auditor. 


1.     So   enrolled. 


434 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


City  Audi- 
tor's book, 
to  contain 
what. 


City  Treas- 
urer's duty 
respecting 
funds. 


Drafts  on 
funds,  how 
drawn. 


City  Treas- 
urer, how  to 
deposit 
funds. 


Books  to  be 
kept  by  City 
Treasurer. 


Council  to 
determine 
amount  of 
tax  for 
school. 


Proviso. 


carefully  and  publicly  consider  the  case  and  shall  sustain  or 
overrule  his  action  by  a  vote  of  (2-3)  two-thirds  of  all  the 
members  elected  to  said  Board,  whereupon  it  shall  be  the 
duty  of  the  City  Auditor  in  case  he  shall  be  overruled  to 
countersign  the  said  draft  or  order,  in  which  case  he  shall 
be  exonerated  from  all  responsibility  in  the  premises.  («)  He 
shall  also  keep  a  book  in  which  an  exact  copy  of  the  receipts 
and  expenditures  of  said  Board  shall  be  entered.  All  money 
received  by  the  said  Board  from  sales  of  articles,  or  from 
any  source  whatsoever  shall  be  deposited  with  the  City 
Treasurer  for  which  a  receipt  shall  be  taken.  The  City 
Treasurer  shall  immediately  deposit  said  funds  in  such  bank 
as  may  be  designated  by  said  Board,  and  the  order  or  war- 
rants drawn  against  such  funds  shall  be  drawn  and  signed 
by  the  Secretary  of  the  Board,  signed  by  the  President  and 
countersigned  by  the  City  Auditor  and  City  Treasurer.  The 
City  Treasurer  upon  depositing  the  funds  of  said  Board  shall 
make  a  certificate  of  Deposit  in  triplicate,  which  shall  be 
signed  by  the  authorized  agent  of  the  bank,  one  of  each  cer- 
tificates shall  be  delivered  to  the  City  Auditor,  one  to  the 
Secretary  of  the  Board  and  the  third  be  retained  by  the  City 
Treasurer.  The  City  Treasurer  shall  pay  out  all  warrants  or 
orders  and  shall  take  receipt  for  same.  He  shall  keep  a  Cash 
Book  containing  the  receipts  and  expenditures  of  said  Board 
and  shall  render  a  statement  of  the  financial  condition  of 
said  Board  at  each  meeting. 
(a)    See  Sec.  39  of  the  Charter. 

Sec.  11.  The  Council  shall,  every  year,  when  determin- 
ing the  amount  necessary  to  be  raised  on  the  persons  and  es- 
tates in  the  City  of  Wilmington  for  public  use,  also  include 
the  sum  necessary  to  be  raised  on  the  persons  and  estates  for 
executing  the  foregoing  provisions;  provided,  that  the 
amount  to  be  raised  for  current  school  expenses  as  aforesaid 
in  any  one  year  shall  be  exclusive  of  the  amount  designated 
for  the  erection  or  extension  of  school  houses  and  for  furni- 
ture and  heating  apparatus  for  the  same.  The  amount  col- 
lected for  school  purposes  shall  be  paid  into  the  city  treas- 
ury as  other  taxes  are  paid.    At  the  time  of  making  the  an- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  435 

nual  appropriations  for  public  use,  the  Council  shall  also  £^p,"pria*t 
make  an  appropriation  for  current  school  expenses  equal  in  gchoo/uses 
amount  to  that  annually    computed    and    laid    before  said  certain  sum. 
Council  by  the  "Board  of  Public  Education  in  Wilming- „ 

*'  ^  "    Proviso. 

ton;"  provided  that  the  sums  so  computed  and  appropriated 
shall  be  exclusive  of  the  amount  designated  for  the  erection 
or  extension  of  school  houses  and  for  furniture  and  heating 
apparatus  for  the  same;  and,  provided  further,  that  any  de- 
mand made  by  the  Board  upon  the  Council  for  ordinary  and 
current  expenses,  exclusive  of  the  amount  required  for  the 
erection  or  extension  of  school  houses  and  for  furniture  and 
heating  apparatus  for  the  same  shall  not  [be  less  than  one  appropri-"'" 
hundred    and   eightv-eight   thousand   dollars^    for  the   fiscal  ^*®'^- 

^       "  Act  of  March 

year  1907-8,  and  the  increase  for  any  succeeding  fiscal  year  i,  i907, 24  d. 
shall  not  be  less  than  two  per  cent,  additional  upon  the  ag- 
gregate amount  for    the    fiscal   year   preceding,   [Provided,  increase  in 
however,  that  said  increase  shall  be  in  proportion  to  the  in-  to  increase 

in  revenue 

crease  in  revenue  of  the  City  of  "Wilmington,  but  in  no  year  and  not 

11        •      •  r-  n  •  1     1  "lore  than 

shall  said  increase  be  more  than  five  per  cent,  and]  provided  5^  in  any  one 
further,  however,  that  in  the  event  that  The  Council,  at  any  Act  of  April 
time,  shall  make  an  appropriation  in  excess  of  the  minimum  d.'  l.  m. 
appropriation  or  percentage  of  increase  as  hereinbefore  pro- 
vided, the  said  Council  shall  have  the  power  and  authority 
to  designate  what  proportion,  if  anj",  of  the  increase  so  ap- 
propriated over  and  above  the  before  mentioned  minimum, 
shall  be  used  for  the  purpose  of  adjusting,  equalizing  and 
increasing  the  salaries  of  teachers  employed  by  said  Board, 
and  so  much  of  said  fund  so  designated  by  The  Council  shall 
thereupon  be  used   for   no    other   purpose   than    to  adjust, 
equalize  and  increase  such  salaries  of  teachers.]     The  Coun- be  appropri- 
cil  shall  appropriate  annually  for  the  erection  or  extension  buildings, 
of  school  houses  and  for  furniture  and  heating  apparatus  for 
the  same  the  amount  estimated  by  said  Board  therefor  not  to  Limit. 
exceed  Twenty  Thousand  dollars  per  annum. ^ 


1.  See  Act  of  March  25,   1907,   24  D.   L.  p.  352.   in  which  the  minimum 
of  appropriation  by  Council  is  $180,000,  p.  59  of  this  volume. 

2.  See  23  D.  L.  p.  157. 


436 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


when^costs  Provided,  however,  if  the  amount  appropriated  by  the 

for  buildings,  Council  for  the  erection  or  extension  of  school  houses,  and 

etc.,  exceed  ' 

the  limit,       for  furniture  and  heating  apparatus  shall  not  be  sufficient  to 
inet.  meet  the  expenses  for  which  it  was  appropriated  the  said 

Board  shall  have  the  right  to  meet  such  deficit  by  using 
other  money  in  their  hands  appropriated  by  said  Council 
for  school  purposes,  provided  they  shall  not  use  an  addi- 
tional sum  of  more  than  Ten  Thousand  dollars  for  any  one 
year. 


School  ap- 
propriations, 
how  to  he 
paid. 


Sec.  12.  The  amount  of  the  appropriation  for  the  cur- 
rent school  expenses  so  made  by  the  Council  shall  be  paid  in 
full,  in  twelve  equal  installments,  on  the  second  Monday  in 
each  and  every  montli  during  the  year,  by  the  City  Treas- 
urer, upon  orders  drawn  by  the  aforesaid  Board,  under  the 
hand  of  the  President,  attested  by  the  Secretary.  The 
amount  appropriated  for  the  erection  or  extension  of  school 
houses  and  for  furniture  and  heating  apparatus  for  the  same 
shall  be  paid  by  the  City  Treasurer  on  or  before  the  first  day 
of  August  of  the  fiscal  year,  for  which  the  same  was  so  des- 
ignated and  raised. 


state  funds 
to  be  drawn 
by  Board. 


Drafts,  how 
to  be 
signed. 


Certificate, 
what  to  con- 
tain. 


Sec.  13.  The  said  Board  shall  have  the  right  to  draw 
dividends  from  time  to  time  made  and  entered  to  the  credit 
of  the  School  Districts  Nos.  3,  9,  10,  11,  12,  13,  14,  15,  16,  17, 
18,  19,  201,  78,  78-1,  78i  and  102  in  New  Castle  County,  con- 
stituting the  Public  School  District  of  Wilmington  in  the 
account  of  the  trustees  of  the  State  School  fund  with  said 
district  respectively;  and  it  shall  be  the  duty  of  the  said 
trustees  to  pay  said  dividends  upon  an  order  signed  by  the 
President  of  said  Board  and  attested  by  the  Secretary,  accom- 
panied by  a  certificate  signed  and  attested  in  like  manner,  that 
the  said  Board  has  received  for  the  benefit  of  public  schools 
under  their  charge  a  sum  equal  to  the  aggregate  of  the  sums 
required  to  be  paid  in  every  of  the  said  districts  in  order  to 
the  drawing  of  the  said  dividends,  the  said  Board  being  sub- 
stituted for  the  school  committee  of  the  united  school  dis- 
tricts composed  of  the  school  districts  aforesaid. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  437 

Sec.  14.     All  property,  real  or  personal,  vested  in  the  ^^"/^^^[^J^ 
Board  of  Education  in  Wilmington  shall  be  exempt  from  all  Board  ex- 

°  ^  _  empt  from 

kinds  of  taxes,  and  from  sale  or  execution  or  other  writ  or  taxation. 
order  in  the  nature  of  an  execution.    It  shall  also  be  exempt 
from  the  payment  of  water  taxes  or  rents  in  all  buildings 
used  for  school  purposes;  all  sewer  connections  for  school 
use  shall  also  be  without  tax  or  charge. 

Sec.  15.    The  City  Solicitor  («)  shall  be  the  legal  adviser  cjty  sou- 
and  attorney  for  the  Board  of  Education ;  he  shall  prosecute  ney^for*°^' 
all  actions  against  a  member,  officer,  agent  or  employee  of  Board. 
the  Board  of  Education  for  malfeasance  or  misfeasance  in  j^.^  ^^^ . 
office ;  he  shall  be  the  legal  counsel  of  said  Board,  or  officers 
thereof,  in  all  civil  actions  brought  by  or  against  it,  and  shall 
conduct  the  same  in  his  official  capacity.     No  compensation  fjo^^^"^*^' 
other  than  the  regular  salary  shall  be  allowed  for  such  ser- 
vice. 

(a)   Prior  to  the  passage  of  this  Act,  the  Board  of  Education  used 
to  employ  any  attorney  it  desired,  and  pay  him  for  services  rendered. 

Sec.  16.     Said  Board  of  Public  Education  shall  annual-  Board  to 
ly,  from  the  funds  appropriated  to  its  use  as  aforesaid  ap-  Sfington  in- 
propriate  and  pay  over  to  the  Wilmington  Institute,  in  man-  tain  sum^' ' 
ner  and  form  as  is  provided  in  the  Act  entitled  "An  Act  re- 
specting a  free  library  and  to  increase  the  usefulness  of  the 
schools  of  Wilmington,"  passed  at  Dover,  April  26,  1893,  the 
sums  of  money  prescribed  by  said  Act,  and  "The  Council" 
of  the  City  of  Wilmington  shall  annually  appropriate  for  the  to  reimburse 
use  of  said  Board  of  Public  Education,  in  addition  to  the  ap-  such  pay- 
propriations  for  said  Board  hereinbefore  provided  for,  such '"^^  ^' 
sum  and  sums  of  money  as  shall  reimburse  to  the  said  Board 
the  excess  of  the  payments  made  by  said  Board  to  the  said 
Wilmington  Institute  in  any  year  under  the  provisions  of 
the  Act  aforesaid  above  the  amount  paid  by  said  Board  to 
said  Institute  in  the  fiscal  year  1904-5. 

Sec.  17.     For  all  work  and  labor  hereafter  required  to  ^r^j.^  ^^  ^^ 
be  done,  and  goods,  chattels,  wares,  merchandise,  materials,  s^ppife"*^ 
tools  and  machinery  to  be  furnished,  or  had  and  used  by  or  needed  to  be 

'  ''  awarded  to 

for  account  of  the  said  Board,  where  the  cost  in  any  particu-  'P^®®*-  ^^^' 


438 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Bidder  to 
give  bond. 


lar  case  will  probably  exceed  the  sum  of  One  Hundred  dol- 
lars, the  committee  having  such  business  in  charge  shall  pub- 
licly invite  sealed  proposals  for  the  doing  of  such  work  and 
the  furnishing  of  such  goods,  chattels,  wares,  merchandise, 
materials,  tools  and  machinery,  and  give  the  contract  to  the 
lowest  (")  bidder  or  bidders;  provided  that  they  may  require 
from  all  or  any  of  the  bidders  security  for  the  faithful  per- 
formance of  their  contract. 

(a)   See  the  case  of  Keogh  vs.  Wil.,  4  Del.  Ch.  491  at  498-9.    (yr. 
1872)  Sec.  8,  "a,"  p.  234  of  this  volume. 

Sec.  18.     All  Acts  and  parts  of  Acts  inconsistent  here- 
with are  hereby  repealed. 

Sec.  19.     This  Act  shall  be  deemed  and  taken  to  be  a 
public  Act. 

Approved,  March  30,  A.  D.  1905. 


11  D.  L.  4.      ^Tyr  ^^y  ^^  amend  the  ''Ad  for  the  henefit  of  Public  Schools 
in  Wilmington." 

Section  i.  *******  * 
That  the  Act  of  the  General  Assembly  of  this  State  for  the 
benefit  of  public  schools  in  Wilmington,  passed  at  Dover,  Feb- 
ruary 9,  1852,  be  amended  as  follows ;  that  is  to  say : 


Title  to 
school  house 
at  Sixth  and 
French 
streets  and 
In  Twelfth 
street  vested 
in  Board  of 
Public  Edu- 
cation. 


Sec.  2.  Be  it  therefore  enacted  as  aforesaid,  That  the 
right  and  estate,  late  of  the  United  School  Districts  numbers 
10,  -11,  12,  13,  14,  15,  16,  17  and  18  in  New  Castle  County,  in 
and  to  the  lot  of  land  and  school  house  at  the  corner  of  French 
and  Sixth  streets  in  Wilmington  aforesaid,  and  the  right  that 
belonged  to  the  School  Committee  of  School  District  No.  9  in 
New  Castle  County,  before  the  uniting  of  said  district  with  the 
rest  of  the  City  of  Wilmington  under  the  board  aforesaid,  in 
and  to  the  school  house  and  lot  of  land  in  Twelfth  street  in 
Wilmington  aforesaid,  have  passed  and  shall  pass  to  the  said 
Board  of  Public  Education  in  Wilmington  and  are  and  shall 
be  vested  in  the  said  board ;  and  the  said  board  shall  have  the 


ACTS  OF  THE  GENERAL  ASSEMBLY.  439 

possession  and  charge  of  the  said  school  house  and  lots  of  land 
and  exercise  all  acts  of  ownership  for  security  and  preserva- 
tion of  the  same ;  and  the  said  school  house  and  lot  of  land  at 
the  corner  of  French  and  Sixth  streets,  as  well  as  the  lots  of 
land  and  new  school  house  of  the  said  board  in  the  First  ward 
in  Wilmington  aforesaid,  on  Washington  street,  and  all  other  on^wash*in|- 
the  land  and  property  which  the  said  Board  of  Public  Educa-  g°c -^[[^bie 
tion  shall  acquire,  shall  be  liable  for  the  debts  and  contracts  ^^^  debts. 
which  the  said  board  shall  incur  and  make ;  and  further,  the 
said   Board   of   Public    Education  in  Wilmington  shall  have 
power  to  grant  and  convey  to  any  person  or  corporation  in  fee  ^     mort- 
simple,  by  way  of  mortgage,  the  said  lot  of  land  and  school  fonvey"  and 
house  at  the  corner  of  French  and  Sixth  streets  with  the  ap-  ^^  ^®®  simple, 
purtenances,  and  the  said  lots  of  land,  and  new  school  house 
in  the  First  ward  aforesaid  on  Washington  street  with  the  ap- 
purtenances, and  any  other  land  or  property  acquired  by  said 
board,  for  securing  to  such  person  or  corporation  the  payment 
of  any  sum  or  sums,  not  exceeding  in  the  whole  six  thousand 
dollars  with  interest,  at  such  time  or  in  such  manner  as  may 
be  agreed  upon.^    The  said  board  may  bring  suit  before  a  jus- 
tice of  the  peace   or   in    the    Superior  Court  as  the  amount  Trespass  or 
claimed  may  determine  the  jurisdiction,  for  damages  for  any  g^^'^Q^  i\°  ^gg 
trespass  or  injury  to  either  of  the  school  houses  aforesaid  or  °^  fixtures. 
lots  of  land  aforesaid,  or  the  iixtures  thereof  or  the  furniture 
or  books  therein  or  any  property"  of  the  board,  and  recover 
double  damages  with  double  costs. 

Passed  at  Dover,  Januarv  20,  1853. 


AN  ACT  to  Compel  the  Attendance  of  Children  at  the  Public  24  d.  l.  213. 
Schools  of  the  State. 

Section  1.   That  following  the  approval  of  this  Act  every  children  be- 
parent,  guardian  or  other  person  in  this  State  having  con-  iryears^o^ 
trol  of  a  child  or   children   between   the   ages  of  seven  and  tueast'^five°^ 
fourteen  years  shall  be  required  to  send  such  child  or  chil-  ™u*aiiy.^  ^"' 
dren  to  a  day  school,  in  which  the  common  English  branches 


1.     See   Sees.   1  and   2,   23  D.   L.   p.    140  for  the  general  powers   of  the 
Board  of  Education  relative  to  real  estate. 


440 


ACTS  OF  THE  GENERAL'  ASSEMBLT.- 


Exceptions. 


School  dis- 
trict may  re- 
duce com- 
pulsory per- 
iod to  three 
months. 


Applicable 
only  to  pu- 
pils ■within 
two  miles 
from  school 
house. 


are  taught ;  and  such  child  or  children  shall  attend  such 
school  continuously  for  at  least  five  months  each  year  dur- 
ing the  time  in  which  the  public  school  in  their  respective 
districts  shall  be  in  session,  beginning  not  less  than  one 
month  after  the  opening  of  said  school,  unless  such  child  or 
children  shall  be  excused  from  attendance  by  a  majority  of 
the  Commissioners  of  the  School  District  in  which  the  par- 
ent, guardian  or  other  person  resides,  upon  the  presentation 
to  said  Commissioners  of  satisfactory  evidence  showing  such 
child  or  children  are  prevented  from  attendance  upon  school 
or  application  to  study  by  mental,  physical  or  other  urgent 
reasons,  and  such  excuse  must  be  countersigned  by  the 
County  Superintendent  of  the  County  in  which  such  District 
is  located ;  but  the  urgent  reasons  shall  be  strictly  construed 
and  shall  not  permit  of  irregular  attendance. 

Provided,  that  each  school  district  shall  have  power  each 
year  at  its  regular  annual  meeting  to  reduce  the  period  of 
compulsory  attendance  to  not  less  than  three  months,  in 
which  case  the  school  meeting  must  at  that  date  fix  a  time 
for  compulsory  attendance  to. begin,  but  such  date  shall  not 
be  later  than  January  2d,  of  each  school  year.  Provided 
that  in  case  there  be  no  public  school  in  session  within  two 
miles  by  the  nearest  traveled  road  of  any  person  within  the 
school  district,  he  or  she  shall  not  be  liable  to  the  provisions 
of  this  Act,  unless  a  free  conveyance  is  provided. 

Provided,  that  this  Act  shall  not  apply  to  any  child  that 
has  been  or  is  being  otherwise  instructed  in  English  in  the 


Instruction 
for  like  per- 
iod in  pri- 
vate school. 

at*t'endam;e^^  common  branches  of  learning  for  a  like  period  of  time  in  any 

at  public 
school. 


Private 
school  must 
report. 


private  school,  or  by  any  legally  qualified  governess  or  pri- 
vate teacher  in  a  family,  or  by  any  other  means  which  shall 
be  approved  by  the  County  Superintendent  of  the  proper 
county. 

Provided  further,  that  any  principal  or  teacher  of  any 
private  school  or  educational  institution  shall  report  non-at- 
tendance as  provided  in  Section  5  of  this  Act.  And  provided 
.  also  that  the  certificate  of  any  principal  or  teacher  of  a  pri- 
vate school  or  of  any  institution  for  the  education  of  chil- 
dren in  which  the  common  English  branches  are  taught,  set- 


ACTS  OP  THE  GENERAL  ASSEMBLY.  441 

ting  forth  that  the  work  of  said  school  is  in  compliance  with 
the  provisions  of  this  Act,  shall  be  sufficient  and  satisfactory 
evidence  thereof,  and  the  principal  or  teacher  of  said  school 
or  institution  shall  have  the  power  to  excuse  any  child  or 
children  for  non-attendance  during  temporary  periods  in  ac- 
cordance with  the  provisions  of  this  Act. 

Sec.  2.    That  for  every  neglect  of  duty  imposed  by  the  violation  of 
first  section  oi  this  Act,  the  principal  or  teacher  or  person  in  demeanor. 
parental  relation,  offending,  shall  be  guilty     of     a     misde- 
meanor, and  shall,  upon  conviction  thereof  before  a  justice 
of  the  peace,  magistrate  or  alderman,  forfeit  a  fine  not  ex- 

.  -,  „  Penalty. 

ceedmg  two  dollars  on  first  conviction  and  a  fine  not  ex- 
ceeding five  dollars  for  each  subsequent  conviction,  and  in 
default  of  payment  of  said  fine,  the  defendant  may  be  com- 
mitted to  the  county  prison  for  a  period  not  exceeding  two 
days  for  the  first  conviction,  and  for  a  period  not  exceeding 
five  days  for  each  subsequent  conviction.  Provided,  upon 
conviction  the  defendant  or  defendants  may  appeal  to  the 
Court  of  General  Sessions  of  the  proper  county  within  fif- 
teen days,  upon  entering  into  recognizance  with  one  surety 
for  the  amount  of  fines  and  costs.     Provided,  however,  that^PP^fit° 

'  '  Court  of 

before  such  action  shall  be  brought  for  any  of  the  aforesaid  General  ses- 
penalties,  the  parent,  guardian  or  other  person  liable  there- 
for, shall  be  notified  in  writing  by  the  County  Superintend- 
ent of  Schools,  or  such  person  as  he  shall  designate,  of  such  Duty  of  su- 

'  J^  .  p  '  perintendent 

liability,  and  shall  have  opportunity,  by  compliance  with  the  before  prose- 
requirements  of  this  Act  within  three  school  days  then  and 
thereafter  to  avoid  the    imposition    of    such    penalty.     The  what  notice 

^■.  ^  ■'  sufficient. 

mailing  of  such  notice  to  the  usual  address  of  offending  party 
shall  be  deemed  sufficient  under  this  Act.  But  after  such 
notice  has  been  given,  if  the  same  child  is  absent  from  school 
three  days  or  their  equivalent  in  time  during  the  remaining 
period  of  compulsory  attendance,  without  excuse  as  pro- 
vided by  Section  1  of  this  Act,  the  parent,  guardian  or  per- 
son in  parental  relation,  shall  be  liable  to  prosecution  under 
this  Act  without  further  notice. 

The  fines  provided  for  by  this  Act,  shall,  when  collected,  ^^om*pay- 
be  paid  over  by  the  officers  collecting  the  same,  to  the  treas-  ^^^®- 


442 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Attendance 
officers. 


Duties  of. 


Compensa 
tion  of. 


Districts 
may  estab- 
lish special 
truant 
schools. 


urer  or  clerk  of  the  school  committee  or  board  of  the  respec- 
tive districts  for  the  use  of  the  school  district  in  which  such 
person  convicted  resides,  to  be  applied  and  accounted  for  by 
such  treasurer  or  clerk  in  the  same  way  as  other  moneys 
raised  for  school  purposes;  such  fines  shall  be  collected  by  a 
process  of  law  similar  to  the  collection  of  other  fines. 

Sec.  3.  Boards  of  education  and  school  committees  may, 
in  all  districts,  employ  one  or  more  persons  to  be  known  as 
"attendance  officers"  whose  duty  shall  be,  in  addition  to  the 
duties  provided  elsewhere  in  this  Act,  to  look  after,  appre- 
hend and  arrest  without  warrant,  truants  and  others  who 
fail  to  attend  school  in  accordance  with  the  provisions  of 
this  Act.  When  an  attendance  officer  arrests  or  apprehends 
any  truant  or  other  person,  as  herein  set  forth,  he  shall  have 
power  immediately  to  place  him  or  her  in  the  school  in  which 
he  or  she  is  or  should  be  enrolled,  or  at  the  expense  of  the 
parent,  guardian  or  person  in  parental  relation,  in  such  pri- 
vate school  as  provided  by  Section  1  of  this  Act,  as  the  par- 
ent, guardian  or  person  in  parental  relation  may  select.  And 
in  case  the  parent,  guardian  or  person  in  parental  relation 
shall  refuse  or  neglect  immediately  to  select  such  school,  the 
school  commissioner  or  secretary  for  school  commissioners 
shall  have  full  power  to  designate  the  school  in  which  the 
child  shall  be  placed. 

The  persons  serving  as  such  attendance  officers,  shall  be 
entitled  to  such  compensation  as  shall  be  fixed  by  the  Boards 
appointing  them,  and  such  compensation  may  be  paid  out  of 
the  school  funds.  But  the  sums  paid  for  such  services  must 
be  approved  by  the  Superintendent  of  Schools  of  the  county. 
In  case  no  truant  officer  be  appointed,  the  secretary  or  clerk 
of  the  local  school  commissioners  shall  serve  as  such  officer. 

Commissioners  of  any  school  district  or  districts  or  of 
two  or  more  districts  jointly,  may  establish  special  schools 
for  children  who  are  habitual  truants  or  who  are  insubordi- 
nate or  disorderly  during  their  attendance  upon  instruction 
in  the  public  schools,  and  may  provide  for  the  proper  care, 
maintenance  and  instruction  of  such  children  in  such  schools 
for  such  period  of  time  as  the  Board  may  prescribe.    But  be- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  443 

fore  the  pupil  shall  be  placed  in  such  special  school,  the 
parent,  guardian  or  person  in  parental  relation  shall  have  op- 
portunity to  be  heard. 

All  truancy  and  incorrigibility  shall  be  deemed  disord-  incorrigible 

truants  may 

erly  conduct,  and  m  case  no  special  school,  as  herein  pre-  be  confined 

iiT  Ferris 

scribed  has  been  established,  the  County  Superintendents  of  industrial 
Schools,  or  secretary  or  attendance  officer,  as  the  County 
Superintendent  shall  designate,  shall  proceed  against  such 
truant  or  incorrigible  pupil  as  a  disorderly  person  before  a 
justice  of  the  peace,  magistrate  or  alderman,  and  upon  con- 
viction, the  pupil  mav  be  sentenced  for  a  definite  time  to  the 

'  ^    '^  ■  Act  of  March 

Ferris   [Industrial]    School   [or  Delaware  Industrial  School  is,  i909, 25 

D.  L.  165. 

for  Girls] .    The  State  Treasurer  shall  pay  to  the  authorities  pay  for  such 
of  the  said  school  the  sum  of  forty  cents  per  day,  from  money  ^"^^  ^' 
■not  otherwise  appropriated,  for  each  day  such  pupil  is  con- 
fined in  said  institution. 

Sec.  4.    That  it  shall  be  the  dutv  of  the  assessors  when  Duty  of 

c  '  p  •  P  1        -I  assessors. 

making  each  assessment  01  property  tor  taxation  tor  school 
purposes,  when  not  notified  and  directed  to  the  contrary  hy 
the  school  commissioners,  to  make  in  a  substantial  book,  pro- 
vided by  the  County  Superintendent  of  Schools  at  the  ex- 
pense of  the  State  for  that  purpose,  a  careful  and  correct  list 
of  all  children  between  the  ages  of  seven  and  fourteen  years  ^ist  of  chu- 

°  ''  dren  be- 

within  his  district,  giving  the  full  name,  date  of  birth,  age,  tween  7  and 

'   °     .     °  '  '      °    '  14  years. 

sex,  race,  estimated  distance  from  school-house  by  nearest 
traveled  road,  name  and  address  of  parent,  guardian  or  per- 
son in  parental  relation ;  which  enumeration,  after  approval 
by  the  secretary  of  the  said  school  district,  shall  be  sent  by 
the  assessor  to  the  Countj^  Superintendent  of  Schools  of  the 
County  in  which  the  enumeration  is  made  [on  or  before  the  fg'^^gog''^^'''^^ 
first  day  of  September].     And   the    receipt    of   the  County  d.  l.  les. 
Superintendent  of  Schools  shall. entitle  the  aforementioned         ^ 
assessor,  to  a  fee  of  one  dollar  for  each  one  hundred  names  assessors. 
or  fraction  thereof,  of  children  on  such  list;  said  sum  to  be 
paid  from  the  school  funds  of   the    district    in    which  such 
enumeration  shall  have  been  made. 

It  shall  be  the  duty  of  the  said  County  Superintendent  ^.^^j^^yg^. 
of  Schools  to  forward  to  the  principal  teacher  of  the  proper  to  s^rnd"ifsT' 


444  ACTS  OF  THE  GENERAL  ASSEMBLY. 

to  teacher^     school  district  prior  to  September  15th  in  each  year,  a  list  of 
of  district.      q]i  children  in  his  or  her  district  who  are  subject  to  the  pro- 
visions of  this  Act. 

Provided  farther,  that  the  attendance  officer,  if  there  be 

any,  or  the  County  Superintendent  of  Schools  or  the  secre- 

Sciiooi  of-      tary  or  clerk     of    the     school     commissioners,  or  principal 

fleers  may 

add  or  cor-     tcachcr,  shall  have  authority  to  make  any  additions  or  cor- 
rect list.  ■  .  T       I-  r^  •  T     P  -,  P 

rections  to  the  assessor  s  list  aioresaid  tor  the  purpose  o t 
carrying  into  effect  the  provisions  of  this  Act, 

Report  of  Sec.  5.    That  it  shall  be  the  duty  of  each  teacher  of  the 

attendance  school  district  at  the  close  of  each  school  month,  to  report  to 
county^su-  the  attendance  officer,  and  to  the  County  Superintendent  of 
pel  in  en  en  •  ggj^Qols,  the  names  of  all  children  in  the  district  who  have 
been  absent  without  laAvful  excuse ;  when,  if  it  shall  appear 
that  any  parent,  guardian  or  other  person  having  control  of 
any  child  or  children  shall  have  failed  to  comply  with  the 
provisions  of  this  Act,  after  notification  in  writing  as  pro- 
vided in  Section  2,  the  County  Superintendent,  or  such  at- 
tendance officer  as  he  shall  direct,  shall  proceed  in  the  name 
of  the  State  under  authority  of  the  commissioners  of  the  lo- 
cal district  affected,  against  the  offending  party  or  parties 
in  accordance  with  the  provisions  of  this  Act. 

^    .  Provided  further,  that  if  sufficient  cause  be  shown  for  a 

Costs,  ' 

how  paid.  failure  to  comply  with  the  provisions  of  this  Act,  or  if  the 
costs  of  prosecution  cannot  be  collected  from  the  defendant 
in  case  of  his  or  her  conviction,  said  costs  shall  be  paid  out 
of  the  school  funds,  upon  a  proper  voucher  approved  by  the 
commissioners  of  said  district. 

Violation  of  Sec.    6.      That  the  assessor   of   school   taxes,   principal, 

act  a  mis-  nn  -if  £ 

demeanor,  teacher,  secretary  or  attendance  officer  if  there  be  one,  oi 
any  Board  of  Commissioners,  who  willfully  neglects  or  re- 
fuses to  comply  with  the  provisions  of  this  Act  shall  [upon 

Act  of  March  .»    l    j. 

18, 1909.25  complaint  lodged  by  the  County  Superintendent  of  Schools] 
be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  be- 
fore an  alderman,  magistrate  or  justice  of  the  peace,  shall 

Penalty.  forfeit  or  pay  a  fine  not  exceeding  twenty-five  dollars,  sub- 
ject to  the  right  of  appeal  to  the  Court  of  General  Sessions 


ACTS  OF  THE  GENERAL  ASSEMBLY.  445 

of  the  proper  county  within  fifteen  days  upon  entering  into 
recognizance  with  one  surety  for  the  amount  of  fines  and 
costs. 

Sec.  7.     That  the    State    Treasurer    of    Delaware  shall  state  Treas- 

urer  duty 

withhold  one-fourth  the  State  dividend  from  any  school  dis-  of  as  to 

-,.        .  1-1  1  p  n  1  school  divi- 

trict  or  districts  which  neglects  or  reiuses  to  enforce  the  pro-  dend. 
visions  of  this  Act  in  a  manner  satisfactory   to   the  County 
Superintendent    of    Schools    of   the    county    in    which  such 
school  shall  be  located. 

Sec.  8.     That  the  necessary  expenses  incurred  by  State  Expenses  of 
officials  in  carrying  out  and  enforcing  the  provisions  of  this  ment  of  act. 
Act  shall,  upon  approval  by  the  State  Board  of  Education, 
be  paid  by  the  State  Treasurer. 

Sec.  9.      [That  in  enforcing  the  provisions  of  this  Act  Act  of  March 
within  the  limits  of  the  school  districts  of  the  City  of  VVil- d.'l.  i65r 
mington,  the  powers  and  duties  herein  conferred  upon  the 
county  superintendents  of  schools,  board  of  school  commis- 
sioners by  whatever  title  known,  and  assessors,  are  hereby 
conferred  upon  the  "The  Board  of  Public  Education  in  Wil- 
mington, ' '  and  that  it  shall  be  the  duty  of  the  Board  of  Po- 
lice Commissioners  of  the  City  of  Wilmington  to  co-operate 
with  the  "The  Board  of  Public  Education  in  Wilmington"  Education  in 
in  enforcing  the  provisions  of  this  Act,  to  look  after,  appre-  toh™ve^oT- 
hend  and  arrest  without  warrant,  truants  and  others  who  city 'of  wii- 
fail  to  attend  school  in  accordance  with  the  provisions  of  this  ^"^"^  °^' 
Act.] 

Approved  March  15,  1907. 


CHAPTER  219. 

OF  FREE  SCHOOLS. 

AN  ACT  providing  graded  School  faciliiies  for  the  Children 
of  this  State. 

Section  1.    That  from  and  after  the  passage  of  this  Act,  Selection  of 
it  shall  be  the  duty  of  the  State  Board  of  Education,  and  schools. 
the  same  is  hereby  authorized,  empowered  and  directed  to  se- 


446 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Schools  se- 
lected to  be 
free  to  chil- 
dren of 
county  or 
districts. 


Regulations. 


lect  such  and  such  number  of  the  free  graded  schools  now  es- 
tablished and  maintained  in  any  of  the  school  districts  of  this 
State,  for  the  purpose  of  admitting  to  such  schools  the  children 
of  other  districts  in  which  no  graded  school  exists;  and  that 
the  schools  so  elected  as  aforesaid,  shall  then  be  free  to  all  the 
children  of  school  age  of  the  county  in  which  such  schools  are 
situated,  or  of  such  district  or  districts,  or  of  such  parts  there- 
of, as  shall  be  determined  by  said  Board  and  under  the  rules 
and  regulations  to  be  promulgated  by  said  Board  as  herein- 
after provided. 


Certification 
of  schools 
selected. 


Power  of 
State  Board 
of  Educa- 
tion. 


Sec.  2.  That  the  names  and  numbers  of  the  free  graded 
schools  so  selected  as  aforesaid,  shall  be  certified  hy  said  Board 
to  the  school  committees  or  boards  of  education  of  such  schools, 
and  also  to  the  school  committees  of  all  of  the  districts,  the  chil- 
dren of  which  the  said  Board  shall  determine  may  be  admitted 
in  such  free  graded  school.  And  for  the  purposes  and  pro- 
visions of  this  Act,  the  said  State  Board  of  Education  shall 
have  full  and  final  power  to  decide  what  shall  constitute  a 
graded  school,  and  what  district  or  districts  are  without  such 
graded  schools. 


Rules  and 
reg-ulations 
governing 
admission  of 
children. 


Certification 
of  rules  and 
regulations. 


Advertise- 
ment of. 


Alterations 
of  rules,  &c. 


Sec.  3.  That  the  said  State  Board  of  Education  shall  also 
have  full  and  final  power  and  authority  to  promulgate  such 
rules  (f)  and  regulations  governing  the  admission  of  all  chil- 
dren under  the  provisions  of  this  Act,  provided  that  no  free 
graded  school  shall  be  compelled  to  admit  to  any  of  its  depart- 
ments any  child  from  another  district,  when  such  department 
is  already  full;  and  such  rules  and  regulations  shall  be  binding 
upon  all  the  districts  in  this  State.  The  said  rules  and  regu- 
lations, together  with  the  names  and  numbers  of  the  districts 
affected,  shall  be  certified  by  said  Board  to  the  School  Com- 
mittees or  Boards  of  Education  of  all  the  districts  affected 
thereby.  Such  rules  and  regulations,  and  such  names  and 
numbers  shall  be  advertised  in  such  manner,  and  for  such 
length  of  time  as  said  Board  shall  deem  proper ;  which  adver- 
tisement shall  be  paid  for  as  other  printing  of  said  Board.  The 
said  Board  shall  also  have  full  power  to  alter,  change,  or  add 


ACTS  OF  THE  GENERAL  ASSEMBLY.  447 

to  any  of  such  rules  and  regulations  at  any  time  it  may  think 
proper. 

(«)  For  the  legal  meaning  of  the  word  "rules,"  see  Sec.  76,  "a" 
of  the  Charter,  and  the  case  of  Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch. 
176   (yr.  1894) 

Note. — An  interesting  and  instructive  history  of  school  education  in 
this  State  is  contained  in  the  case  below  cited,  a  part  of  which  is  as  fol- 
lows : 

Grubb,  J.:  "When  establishing  their  early  settlements  within  our 
borders,  Sweden  and  Holland,  then  foremost  among  all 
the  nations  of  Europe  in  the  promotion  of  public  education,  especially  di- 
rected their  colonies  to  provide  for  the  maintenance  of  schools  and 
schoolmasters  and  the  instruction  of  the  young.  And  when  the  Eng- 
lish succeeded  them,  William  Penn 's  Frame  of  Government,  promulgated 
in  1682  ordained  ' '  That  the  Governor  and  Provincial  CouncH  shall  erect 
and  order  all  public  schools  and  encourage  and  reward  the  authors  of  use- 
ful sciences  and  laudable  inventions  in  the  Province.  "  *  *  But  whilst  such 
was  the  enlightened  design  of  our  early  rulers,  yet,  from  our  earliest  set- 
tlement in  1638  until  the  enactment  of  our  free  school  system  in  1829,  the 
cause  of  education  was  chiefly  conducted  and  maintained  in  Delaware  by 
religious  societies  and  private  schools,  or  academies.  Frequently  the 
'clergyman  was  the  schoolmaster  and  the  church,  or  a  private  house,  the 
school  where  popular  instruction  was  imparted,  (p.  90)  *  *  So  far  as  our 
statutes  show,  governmental  aid  to  education  was  first  rendered  in  1743. 
*  *  The  next  educational  encouragement  was  given  in  1772,  when  a 
lot  of  land  in  New  Castle  was  granted  for  a  school  house  site.  *  *  Next 
follows  the  direction  of  our  second  State  Constitution  of  1792,  that  ' '  The 
Legislative  shall,  as  soon  as  conveniently  may  be,  provide  by  law  for 
the  establishment  of  schools  and  promoting  arts  and  sciences. ' '  (91) .  *  *  Tn 
1796  the  Legislature  passed  "the  Act  to  create  a  fund  sufficient  to  estab- 
lish schools  in  this  State. "  "  This  School  Fund  was  the  first  appropriation 
in  the  history  of  the  State,  of  its  public  revenues  for  the  encouragement 
and  support  of  popular  education.  *  *  In  1817  and  in  1821  the  Legislature 
appropriated  a  portion  of  the  annual  income  of  this  fund"  (United 
States  Surjilus  Eevenue)  ' '  to  be  expended  yearly  for  the  instruction  of 
the  children  of  the  poor  in  the  rudiments  of  knowledge.  But  this  project 
proving  unsuccessful,  said  acts  were  repealed  by  the  Act  passed  Feb- 
ruary 12,  1829,  Vol.  7,  p.  184,  entitled  "An  Act  for  the  establishment  of 
free  schools. ' '  This  Act  created  the  first  general  free  school  system  which 
had  therefore  existed  in  Delaware."  (91-92).  Money  under  the  above 
law  for  school  houses  and  for  the  support  of  free  schools,  was  raised 
"only  by  subscription  or  by  voluntary  contribution."  (93).  By  an  Act 
passed  in  1830,  8  D.  L.,  p.  21,  the  school  voters  of  the  school  districts  by 
a  majority  vote,  could  raise  money,  not  exceeding  .$300,  by  taxation.  (93) 

In  1861,  12  D.  L.  p.  108,  a  law  was  passed  making  it  mandatory 
upon  the  school  committee  to  raise,  yearly,  by  taxation,  a  certain  sum,  and 
leaving  it  to  the  voters  to  raise  more  if  they  so  desired.  (94-95).  In  1875, 
5  D.  L.  p.  84  a  State  Board  of  Education,  a  salaried  State  Superintendent 
of  Free  Schools,  &c.,  were  created.  Then  came  the  constitutional  pro- 
vision (Art.  10),  and  the  law  of  1898  passed  in  pursuance  of  said  pro- 
vision, and  of  this  Act  the  Judge  said : 

"As  the  result  of  our  consideration  of  this  Act  and  of  the  legislative 
purpose  respecting  it,  we  conclude  that  it  was  designed  to  provide  a  com- 
plete general  system  for  the  government  and  administration  of  the  free 
public  schools  of  the  State,  and  was  intended  to  be  a  complete  revision 
of  the  prior  general  public  school  laws,  and  a  consolidation  and  codifica- 
tion of  them,  with  such  new  provisions  as  were  deemed  advantageous,  in  a 


448 


ACTS  OF  THE  GENERiyi,  ASSEMBLY. 


Powers  of 
county 
school  com- 
missioners. 


single  act  designed  to  cover  the  whole  subject,  in  all  respects,  and  to  be  a 
substitute  for  all  antecedent  general  free  school  legislation  not  incorpo- 
rated therein,  or  continued  in  force  thereby  as  essential  to  its  effective 
operation. " 

Husbands  vs.  Talley,  3  Penn.  88  at  103.   (yr.  1901) 

Sec.  4.  The  several  County  School  Commissions  now  es- 
tablished hy  law  shall  have  full  and  final  power,  jurisdiction 
and  authority  to  hear  and  finally  determine  any  disputes  aris- 
ing- under  this  Act  between  any  parent  or  guardian  of  any 
child,  and  any  school  officer,  or  between  several  school  officers, 
school  committees  or  boards  of  education ;  and  in  case  any  of 
said  school  commissions  shall  determine  that  any  child  should 
be  admitted  to  any  free  graded  school,  selected  by  the  State 
Board  as  aforesaid,  and  any  school  officer  shall  refuse  to  admit 
such  child,  the  said  Commission  shall  certify  the  facts  to  the 
State  Auditor,  upon  which  it  shall  be  unlawful  for  said  Audi- 
tor to  settle  any  of  the  accounts  of  the  district  wherein  such 
graded  school  is  situated,  until  a  further  certificate  from  said 
Commission  that  such  child  has  been  admitted. 


Teacher  of 
graded 
school 
to  certify 
admission, 
&c.,  of  chil- 
dren to  State 
Board. 


State  Board 
to  certify  to 
State  Treas- 
urer. 


Act  of  Feb. 
25,  1909.  25 
D.  L.  162. 
Limit  of 
number  of 
children  ad- 
mitted. 


Sec.  5.  Whenever  anj-  child  shall  be  admitted  under  the 
provisions  of  this  Act,  to  any  free  graded  school,  the  teacher  or 
principal  of  such  school,  shall,  wdthin  ten  days,  certify  such 
fact,  together  with  the  name  of  the  child,  the  date  of  admis- 
sion, the  name  or  number  of  the  school  district  in  which  such 
child  lives,  and  the  name  or  number  of  the  district  of  such  free 
graded  school,  to  the  State  Board  of  Education,  and  the  said 
Board  shall  certify  the  substance  of  the  aggregate  of  such  cer- 
tificates to  the  State  Treasurer  some  time  before  the  first  day 
of  July  in  each  year.  Whenever  it  shall  appear  from  the  cer- 
tificates of  the  principals  or  teachers  in  the  free  graded  schools 
of  any  county,  that  two  hundred  and  fifty  children  have  been 
admitted  to  such  schools  under  the  pro\asions  of  this  Act  in 
any  one  county,  it  shall  be  the  duty  of  the  State  Board  to  no- 
tify the  committees  or  Boards  of  Education  of  each  of  the  free 
graded  schools  so  selected  by  it  as  aforesaid,  in  such  county, 
that  no  further  children  shall  be  admitted  under  the  provisions 
of  this  Act,  and  the  said  Board  shall  not  certify  any  further 
names  to  the  State  Treasurer  as  aforesaid. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  449 

[Sec.  6.     That  for  every  child  admitted  under  the  pro-  ^''^^Jcf^^- 
visions  of  this  Act  to  any  free  graded  school,  such  free  graded  ^-  l-  i62. 
school  shall  be  entitled  to  receive  the  sum  of  twenty  cents  for  schools. 
each  daj^'s  attendance  of  such  child  in  such  graded  school,  and  tion  for  non- 
the  entire  amount,  due  to  siich  graded  school  for  such  child,  pupils. 
shall  be  paid  to  the  district  in  which  such  graded  school  is  situ- 
ated, by  the  State  Treasurer  for  every  child  so  admitted  as 
aforesaid,  sometime  in  the  month  of  July,  upon  receiving  the 
vouchers  of  the  teachers  or  principal  of  such  graded  school 
showing  the  name  or  names  of  such  child  or  children  so  admit- 
ted as  aforesaid,  and  the  number  of  days'  attendance  of  each 
such  child  in  such  graded  school;  provided,  that  no  moneys 
shall  be  paid  by  the  State  Treasurer  under  the  provisions  of 
tliis  Act  to  any  district  for  or  on  account  of  the  admission  of  Exception. 
any  child  whose  name  does  not  appear  upon  the  certificate  of 
the  State  Board  to  the  State  Treasurer  as  provided  in  Section 
5  of  this  Act,  as  having  been  admitted  to  the  graded  school  of  ^^  ^  ^ 

'  °  '^  state  Treas- 

sucli  district.    The  said  State  Treasurer  shall  then  certify  the  u.^l^i' to  cer- 

''  tify  to  State 

amount  so  paid  to  any  district,  to  the  State  Auditor  who  shall  Auditor. 
include  it  in  the  settlements  of  the  accounts  of  the  district  so 
receiving  said  amount  as  aforesaid.] 

[Sec.  7.    That  nothing  in  this  Act  shall  be  deemed  or  con- 19^  1909. 25' 
strued  to  prohibit  or  prevent  ' '  The  Board  of  Public  Education  -^Q^^i^  ^^ 
in  Wilmington"  from  refusing  in  its  discretion  to  admit  to  p*^^^^9^„_ 
any  of  the  Public  Schools  in  the  City  of  Wilmington  anv  child  ton  may  le- 

•^  _  _  _  ''  _  °  ^'  fuse  to  admit 

not  residing  in  said  city  or  from  charging  for  the  tuition  of  non-resident 
any  such  non-resident  child,  such  sum  as  the  said  Board  may 
deem  proper;  provided,  however,  that  when  any  such  child  ^^^jP^^''^^® 
shall  be  so  admitted  to  the  Public  Schools  of  the  City  of  Wil-  amount  of 

■'  tuition. 

ming-ton  under  the  provisions  of  this  Act  and  with  the  consent 

of  the  said  Board  of  Education,  then  the  said  Board  of  Public  ^.'}!Vo;  ^ 

'  mitted  State 

Education  in  Wilmington  shall  be  entitled  to  receive  from  the  Treasurer  to 

^  pay  the 

State  Treasurer  the  amount  due  under  the  provisions  of  this  amount  pro- 

.„,..„  .  vided  by 

Act  for  the  tuition  of  such  child  and  the  amount  so  received  law- 
from  the  State  Treasurer  for  the  tuition  of  such  child  shall  be 
deducted  from  the  amount  due  from  the  parents  or  guardian 
of  such  child  for  its  tuition  as  fixed  by  ' '  The  Board  of  Public  „      ,   , 

''  Board  of 

Education  in  Wilmington"  and  provided  further,   that   all  Education 

°  ^  'of  Wilming- 


450  ACTS  OP  THE  GENERAL  ASSEMBLY. 

powlr^ls      rights  and  powers  vested  in  the  State  Board  of  Education  or 

schoorcom-  *^^  County  School  Commissioners  by  virtue  of  this  Act  shall, 

missioners.     within  the  corporate   limits   of  the   City   of   Wilmington,  be 

vested  in  ''The  Board  of  Public  Education  in  Wilmington."] 

Approved  March  9,  1899. 


24  D.  L.222.    AN  ACT  Pertaining  to  the  State  of  Delaware. 

Constitution  SECTION  1.     That  the  Constitution  of  this  State  shall  be 

m  schoois.^*^  taught  and  explained  to  the  scholars  in  each  and  every  one  of 
the  public  schools  of  this  State. 

It  shall  be  the  duty  of  the  several  School  Commissioners 
or  Boards  having  control  of  said  schools  to  see  that  the  pro- 
visions of  this  Act  are  complied  with. 

Approved  April  9,  A.  D.  1907. 


20D.  L.  22.  AN  ACT  entitled  "An  Act  providing  for  the  purchase  and 
display  of  the  United  States  Flags  in  connection  wiih 
Public  School  Buildings  of  the  State." 

u.  s.  flags  to  Section  1.    That  the  Board  of  Education  or  School  Com- 

be purchased       •      •  ■       ^^  i       -j.-  n    •  in  •        ^ 

by  each         missiouers  m  the  several  cities  and  m  each  and  every  single, 

trict°and^be    United  or  incorporated  school  district  of  this  State  shall  and 

dm-'ing^schoo]  hereby  are  authorized  to  purchase  a  United  States  flag,  which 

houis.  shall  not  be  less  than  eight  feet  long  and  six  feet  wide,  flag 

•  staff  and  necessary  appliances  therefor,  and  shall  display  said 

flag  upon  or  near  the  public  school  building  in  said -cities  or 

districts  during  school  hours  and  at  such  other  times  as  to  the 

said  boards  or  commissioners  may  seem  proper.^ 

Sec.  2.  That  this  act  shall  take  effect  immediately,  and 
that  all  acts  or  parts  of  acts  inconsistent  with  the  same  are 
hereby  repealed. 

Passed  at  Dover,  January  31,  1895. 


1.  For  similar  power  and  duties  see  21  D.  L.  p.  185,  Sec.  16. 

2.  Foreign  flags  not  to  be  displayed  on  public  buildings,    except  un- 
der certain  conditions.     20  D.  L.  p.  193.     See  p.  535,  this  volume. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  451 

CHAPTER  93. 

OP  PREE  SCHOOLS. 

AN  ACT  authonsing  and  empowering  ''The  Board  of  Public  "^ 
Education  in  Wilmington"  to  issue  bonds  covering  the 
real  estate  of  said  corporation  for  the  purpose  of  raising 
sums  of  money   to   be   used   in   erecting,  furnishing  and 
equipping  new  school  houses  in  the  City  of  Wilmington. 
Whereas,  by  the  charter  of  "The  Board  of  Public  Educa-  Preamble. 
tion  in  Wilmington,"  a  sum  of  money  not  exceeding  Twenty 
Thousand  dollars  per  annum  is  to  be  paid  the  said  corporation 
by  the  Mayor  and  Council  of  Wilmington  for  the  purpose  of 
erecting  and  equipping  new  school  houses  in  the  City  of  Wil- 
mington ; 

And  Whereas,  by  an  Act  of  the  General  Assembly  of  the  Preamble. 
State  of  Delaware,  approved  March  8,  1901,  being  Chapter 
170  of  Volume  22,  Laws  of  Delaware,  "The  Board  of  Public 
Education  in  Wilmington ' '  was  and  is  directed  to  pay  off  cer- 
tain certificates  of  indebtedness  issued  for  the  payment  of  the 
New  High  School  and  the  buildings  connected  therewith  out  of 
the  annual  amount  of  money  which  the  said  Board  was  and  is 
authorized  to  expend  yearly  for  new  buildings  as  above  stated ; 

And  Whereas,  it  may  be  necessary  to  erect  new  school  Preamble. 
buildings  in  the  City  of  Wilmington  during  the  period  re- 
quired to  pay  off  said  certificates  of  indebtedness ;  therefore, 

[Section  1.     That  "The  Board  of  Public  Education  in  Board au- 

-t-i-r-       •  -TIT         thorized  to 

Wilmington,  '  be  and  is  hereby  authorized  and  empowered  to  borrow 
borrow  upon  the  faith  and  credit  of  said  ' '  The  Board  of  Pub-  erect  new 

T     T-i  n  •         •      TiT-i      ■  ti  T         /-^        TT  schoolhou.se. 

lie  Education  m  Wilmington,  a  sum  not  exceeding  One  Hun- 
dred and  Sixty  Thousand  Dollars  to  be  expended  for  the  pur-  To  issue 
pose  of  erecting  and  equipping  new  school  houses  in  the  City 
of  Wilmington,  and  for  that  purpose  to  issue  bonds  in  de- 
nominations of  One  Thousand  Dollars  each  and  bearing  such 
rate  of  interest  not  exceeding  four  and  one-half  per  centum 
per  annum  as  said  "The  Board  of  Public  Education  in  Wil- 
mington" may  deem  expedient,  said  bonds  to  be  so  arranged 
as  to  the  time  of  payment  that  not  more  than  Twenty  Thou-  ^^an^^^olioo 
sand  Dollars  of  the  principal  sum  so  borrowed  shall  become  yf^'j^*^^®  °"® 


452  ACTS  OF  THE  GENERAL.  ASSEMBLY, 

due  and  payable  in  any  one  year;  provided,  that  no  part  of 
payable^*  said  principal  shall  become  due  and  payable  until  six  years 
years'^  ^^'^      from  the  date  of  issue  of  said  bonds.     The  interest  upon  said 

bonds  shall  be  payable  semi-annually  in  each  and  every  year 
f%07^f^^^  from  the  date  of  issue  thereof.  Sixty  of  said  bonds  may  be  is- 
D.  L.  224.       g^g(j  jjj  ^}jg  jQ^j.  ^  J)  J9Q7  ^jj^  gjjgii  |jg  known  as  "Series  A ;" 

be™issued  a*t    twenty  of  said  bonds  may  be  issued  in  the  year  A.  D.  1908  and 
times^^  shall  be  known  as  ' '  Series  B ; "  twenty  of  said  bonds  may  be 

issued  in  the  year  A.  D.  1909  and  shall  be  known  as  ' '  Series 
C ;"  twenty  of  said  bonds  may  be  issued  in  the  year  A.  D.  1910 
and  shall  be  known  as  ' '  Series  D ; "  twenty  of  said  bonds  may 
be  issued  in  the  year  A.  T>.  1911  and  shall  be  known  as  ''Series 
E ; "  and  twenty  of  said  bonds  may  be  issued  in  the  year  A.  D. 
1912  and  shall  be  known  as  ' '  Series  F. ' '  None  of  said  bonds 
shall  be  issued  except  by  resolution  passed  by  a  majority  vote 
of  said  Board,  and  then  only  for  the  purposes  in  this  section 
set  forth.] 

Payment  of  Qec.  2.    [The  payments  of  the  said  above  mentioned  bonds 

bonds  to  be  l  x-    ./ 

made  out  of    shall  be  made  out  of  the  amount  of  money  which  said  Board 

certain  ,  .  "^  _      , 

funds.  is  authorized  to  expend  yearly  for  new  buildings,  and  when 

Act  of  March  any  of  Said  bonds  are  issued,  a  corresponding  amount  of  said 

D.  L.  225.       funds  shall  be  pledged  for  the  payment  of  said  bonds,  and 

when  so  pledged,  it  shall  be  unlawful  for  the  Board  of  Public 

Education  in  "Wilmington  to  use  any  of  the  moneys  so  pledged 

for  any  other  purpose  than  for  the  payment  of  said  bonds.] 

Bonds,  how  Sec.  3.    All  of  Said  bonds  shall  be  signed  by  the  President 

Gxccutcd 

of  the  said  Board  and  attested  by  the  Secretary  of  the  said 
Board,  and  have  affixed  thereto  the  common  or  corporate  seal 
of  the  said  "The  Board  of  Public  Education  in  Wilmington." 

Approved  April  6,  A.  D.  1905. 


Note  *         *#*#**** 

Note. — "An  Act  Authorizing  The  Board  of  Public  Edu- 
cation in  Wilmington  to  issue  Certificates  of  Indebtedness  for 
a  Sum  not  exceeding  One  Hundred  and  Fifty  Thousand  Dol- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  453 

lars  for  the  payment  of  the  New  High  School  and  the  Build- 
ings connected  therewith,  and  the  proper  furnishing  and 
•equipping  of  the  same, ' '  will  be  found  under  Acts  in  relation 
to  the  Sinking  Fund  and  City  Debt  on  page  467. 


454 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


CHAPTER  XIII. 

ACTS   IN  RELATION  TO   THE   SINKING  FUND   AND 
CITY  DEBT. 


10. 


11. 


12. 


Page  ! 
Act  Providing  the  Plan  of 

the  Sinking   Fund 454 

Act    Confirming    and     Es- 
tablishing   Above    Act 458        13. 

Act    in     Relation    to    Rate 

of   Interest  on    Bonds 458    : 

Act    Extending    Foregoing  14. 

Acts  to  Original   Issues  of  i 

Bonds    458 

Act  Authorizing   the    Bor-  15. 
rowing     of    One     Hundred 
and     Twenty-five     Thous- 
and   Dollars    . 459        16. 

Act  to  Further  Confirm 
and   Establish  the  Sinking 

Fund    Act    461        17. 

Act  Authorizing  the  Bor- 
rowing of  Sixty  Thousand 

Dollars 462        18. 

Act  Authorizing  the  Bor- 
rowing   of    Five    Hundred  | 

Thousand    Dollars    463        19. 

Act  Authorizing  the  Bor- 
rowing of  Fifty  Thousand 

Dollars    464  |     20. 

Act  Authorizing   the    Bor-  ' 

rowing       of       Twenty-five 

Thousand    Dollars    465       21. 

Act  Authorizing  the  Bor- 
rowing of  Two  Hundred 
and    Fifty   Thousand    Dol-  22. 

lars 466 

Act   Authorizing    the    Bor-  I 


Page 
rowing     of    One     Hundred 
and    Fifty   Thousand    Dol- 
lars        467 

Act  Authorizing  the  Bor- 
rowing of  Fifty  Thousand 

Dollars    468 

Act  Authorizing  the  Bor- 
rowing  of   Fifty  Thousand 

Dollars   469 

Act  Authorizing  the  Bor- 
rowing  of   Fifty  Thousand 

Dollars    470 

Act  Authorizing  the  Bor- 
rowing of  Ninety  Thous- 
and   Dollars    471 

Act  Authorizing  the  Bor- 
rowing   of    Two    Hundred 

Thousand    Dollars    474 

Act  Authorizing  the  Bor- 
rowing of  Fifty  Thousand 

Dollars    477 

Act  Authorizing  the  Bor- 
rowing   of    One     Hundred 

Thousand    Dollars     477 

Act  Authorizing  the  Bor- 
rowing  of   Eight    Hundred 

Thousand    Dollars    479 

Act  Authorizing  the  Bor- 
rowing of  Money  for  Im- 
proving   Streets,    &c 482 

Act  Exempting  from 
Taxation  All  Bonds  of  the 
City    484 


11  D.  L.  191.   AN  ACT  to  provide  a  Sinking  Fund  for  the  payment  of  the 
city  dett  of  Wilmington. 

Whereas,  The  City  Council  of  Wilmington  on  the 
twenty-third  day  of  November,  A.  D.  1854,  appointed  a  spe- 
cial committee  to  take  into  consideration  the  subject  of  the 


Preamble. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  455 

extinguishment  of  the  city  debt  and  make  a  report  thereon 
to  the  Council,  and  the  said  committee  having  so  considered 
the  subject  did,  on  the  seventh  day  of  December  in  the  year 
aforesaid,  present  a  report  to  the  Council,  which,  on  the 
twenty-first  day  of  December,  was  approved  and  adopted, 
and  the  said  committee  were  instructed  by  a  resolution 
framed  by  the  Council  to  cause  a  bill  to  be  drawn  up  em- 
bodying the  plan  and  principles  of  the  said  report,  and  to 
apply  to  the  Legislature  at  the  present  session  thereof  to  en- 
act the  said  bill  into  a  law,  and  the  enactments  hereinafter 
contained  or  the  tenor  thereof  having  been  approved  by  the 
said  Council ;  therefore. 


Section  1.     That  all  investments  in  bonds,  mortgages  ah  invest- 

.    .  1-11  ments  made 

and  other  securities  for  the  payment  oi  money  which  have  under  former 

A.cts  to  l}6 

been  rnade  by  the  City  of  Wilmington,  under  and  by  virtue  disposed  of 
of  former  Acts  of  the  Legislature  of  this  State  for  the  estab-  committee. 
lishment  of  a  sinking  fund,  shall  be  disposed  of  by  the  Fi- 
nance Committee  of  the  City  Council  by  sale,  whenever  the 
sale  thereof  can  be  made  at  par  and  without  recourse,  and 

Proceeds 

the  proceeds  of  such  sales  shall  be  applied  to  the  payment  of  applied  to 
bonds  which  have  heretofore  been  issued  by  the  City  of  Wil-  bonds, 
mington  and  the  payment  of  which  is  not  hereinafter  pro- 
vided for. 

Sec.  2.     That  the  City  Council  of  Wilmington  shall  ap-  A.ppropria- 
propriate  the  sum  of  one  thousand  dollars  on  or  before  the  sinking-  fund, 
first  day  of  April,  in  the  year  eighteen  hundred  and  fifty-five, 
and  one  thousand  dollars  on  or  before  the  first  day  of  Oc- 
tober, in  the  year  eighteen  hundred  and  fifty-five,  and  a  like 
and  equal  sum  on  or  before  the  first  day  of  April  and  the 
first  day  of  October  in  every  year  thereafter,  to  be  paid  to 
the  Commissioners  of  the  Sinking  Fund,  said  commissioners 
to  be  appointed  in  the  manner  hereinafter  expressed,  and  the 
City  Council  shall  on  or  before  the  first  day  of  October,  in 
the  year  eighteen  hundred  and  fifty-five,  and  on  or  before  the 
first  day  of  April  and  the  first  day  of  October  in  every  year  Appropria- 
thereafter,  in  addition  to  the  sums  aforesaid,  appropriate  a  tirest^°^  *"' 


456  ACTS  OF  THE  GENERAL  ASSEMBLY. 

sum  equal  to  the  interest  money  which  shall  have  accumu- 
lated on  the  bonds  to  be  cancelled  in  the  manner  hereinafter 
provided  for,  said  interest  to  be  paid  to  the  said  Commis- 
sioners of  the  Sinking  Fund,  and  the  semi-annual  appropria- 
tion aforesaid  shall  continue  to  be  paid  until  the  whole  debt 
of  the  city  shall  have  been  paid.  (^) 

(a)  The  object  of  the  Sinking  Fund  Act  was,  gradually,  to  extin- 
guish the  city  debt.  Sec.  71  of  the  Charter  is  known  as  the  Sinking 
Fund  provision.  It  prohibits  an  increase  of  the  city  debt  (except  as 
therein  specified),  and  provides  that  as  the  debt  is  gradually  reduced,  it 
shall  so  remain,  and  not,  under  any  pretext,  be  afterwards  increased. 
The  Sinking  Fund  Act  was  passed  in  1854,  but  the  city  was  prohibited 
from  increasing  the  city  debt  in  1843. 

Grubl),  J.:  " Indeed,  the  power  to  borrow  money  to  pay  for  *  * 
real  estate  seems  to  have  been  exercised  until  1843, 
when  by  Chapter  488,  Vol.  9,  Laws  of  Delaware,  the  City  Council  was 
prohibited  from  increasing  the  debt  of  the  City  of  Wilmington. ' ' 

Weldin  vs.  Wil.,  3  Penn.  472  at  475.  (yr.  1902) 

See  Sec.   116  of  the  Charter. 

Canceling  of  Q-c^n     Q  ********* 

bonds.  ^^^-    "^• 

Issuing  new  SeC.    4.  ********* 

,  bonds. 

„        .  Sec.  5.     That  all  interest  on  any  bond  or  bonds,  which 

When  inter-  "^ 

est  shall         shall  be  issued  under  and  bv  virtue  of  this  Act,  shall  cease 

cease.  " 

from  and  after  the  day  on  which  said  bond  or  bonds  shall  be 
made  due  and  payable. 

Election  and  Sec.  6.     That  the  City  Council  shall,  at  its  first  stated 

t'ionof^com-  meeting  in  the  month  of  March,  in  the  year  one  thousand 
of^the  sink-   eight  hundred  and  fifty-five,  choose  by  ballot  from  the  citi- 
ing    un  .       ^^^^  ^^  Wilmington  having  a  right  to  vote  at  the  city  elec- 
tion and  owners  of  real  estate  in  the  city  to  the  assessed  value 
of  not  less  than  one  thousand  dollars,  three  Commissioners 
of  the  Sinking  Fund.     Immediately  after  their  election  the 
Drawing  for  said  Commissioners  shall  draw  lots  for  their  respective  terms 
erms.  ^^  office,  and  the  said  terms  to  expire  in  one,  two  and  three 

years  from  the  day  of  their  election.     The  Council  shall,  at 
term  of  Com-  its  first  stated  meeting  in  the  month  of  March,  in  the  year 
missionei.      ^^^  thousand  eight  hundred  and  fifty-six,  and  in  every  year 
thereafter,  elect  from  the  citizens  as  aforesaid  one  Commis- 
sioner of  the  Sinking  Fund  for  the  term  of  three  years  and 
No  compen-   until  a  succcssor  is  elected.    The  said  commissioners  shall  re- 

sation. 

ceive  no  compensation. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  457 

Sec.  7.    That  each  commissioner  shall  give  bond  to  the  coJ^*^jn°ggion- 
City  of  Wilmington,  in  such  amount  and  with  security  to  be  ^i-s. 
determined  and  approved  by  the  City  Council,  and  the  said 
commissioners  shall  faithfully  pay  all  moneys  -which  shall 
come  into  their  hands  under  and  by  virtue  of  any  of  the  fore- 
going provisions,  towards  the  liquidation  and  cancelling  of  j^j^^j^  ^^  ^^^_ 
any  bond  or  bonds  which  shall  be  issued  under  the  pro  vis-  ceiing  bonds. 
ions  of  this  Act,  as  the  same  shall  fall  due  and  be  payable. 
On  the  liquidation  and  payment  of  any  bond  by  the  commis- 
sioners, they  shall  cause  to  be  written  across  the  face  of  such 
bond,  the  word  "cancelled,"  and  the  date  when  cancelled, 
and  the  bonds  thus  cancelled  shall  be  retained  by  the  com- 
missioners until  the  whole  debt  of  the  city  shall  be  paid.  The  Record  of 
commissioners  shall  keep  a  record  of  their  proceedings  under  to*be^keptf^ 
the  Act,  which  shall,  at  all  times  be  open  for  the  inspection 
of  the  City  Council. 

[And  the  bond  herein  above  required  to  be  given  may  I'g'^^sgT^^o'^ 
be  placed  with  any  legitimate  surety  company,  and  the  pre-  ^-  ^-  ^''^■ 
miums  to  be  paid  therefor  be  paid  by  the  Mayor  and  Council  surety 

•  T  company, 

or    Wilmington.]  How  paid 

for. 

Sec.  8.     That  the  City  Council  shall  have  authority  to  ordinances 
pass  ordinances,  when  the  same  may  be  necessary,  for  the  out  oWects 
purpose  of  executing  the  provisions  of  this  Act,  and  carry-  °^  ^^^^  ^^^' 
ing  out  the  objects  thereof ;  provided,  such  ordinances  shall 
in  no  case  conflict  with  the  spirit  of  this  Act,  nor  suspend 
the  efficient  operation  thereof. 

Sec.  9.     That  so  much  of  any  Acts  or  parts  of  Acts  as  Act  not  to  be 

•^  ^  construed  to 

are  inconsistent  with,  or  repugnant  to  any  of  the  foregoing  increase 
provisions,  be  and  the  same  are  hereby  repealed;  provided, 
that  nothing  herein  contained  shall  be  construed  to  increase 
or  extend  the  funded  debt  of  the  City  of  Wilmington,  as  the 
same  is  now  limited  by  law. 

Passed  at  Dover,  February  9,  1855. 


458 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


15  D.  L.  552. 


Acts  con- 
firmed and 
extended  to 
whole  debt. 


Exception. 


AN  ACT  to  confirm  and  establish  an  Act  entitled  "An  Act  to 
provide  a  SinJcing  Fund  for  the  payment  of  the  city  debt 
of  Wilmington." 

Section  1.  That  the  provisions  of  the  Act  entitled,  "An 
Act  to  provide  a  Sinking  Fund  for  the  payment  of  the  city 
debt  of  Wilmington,"  being  Chapter  186  of  Volume  11,  Del- 
aware Laws,  and  the  supplement  thereto,  being  Chapter  263 
of  the  same  volume,  be  and  the  same  are  hereby  confirmed, 
established,  extended  and  considered  and  held  to  apply  to 
the  payment  of  the  whole  of  the  debt  of  said  city,  as  well  as 
that  which  may  be  incurred  in  the  future  as  that  which  has 
arisen  in  the  past,  except  such  debt  of  the  city  the  payment 
of  which  shall  have  been  or  may  be  otherwise  specifically 
provided  for. 

Passed  at  Dover,  March  20,  1877. 


17  D.  L.  900. 


Duties  of  the 
Commission- 
ers of  the 
Sinking 
Fund. 


Interest  not 
to  exceed  6 
per  cent. 


AN  ACT  to  further  amend  an  "Act  to  provide  for  a  Sinhing 
Fund  for  the  payment  of  the  city  debt  of  Wilmington," 
passed  at  Dover,  February  9, 1855. 

Section  1.  That  hereafter  the  Commissioners  of  the  Sink-' 
ing  Fund  of  the  City  of  Wilmington,  in  causing  the  issue  of 
sinking  fund  bonds  under  the  provisions  of  an  "Act  to  pro- 
vide for  a  Sinking  Fund  for  the  payment  of  the  city  debt  of 
Wilmington,"  passed  at  Dover,  February  9,  1855,  and  the  va- 
rious supplements  and  amendments  thereto,  may  fix  the  inter- 
est which  such  bonds  shall  bear  at  any  rate  not  exceeding  six 
per  cent. 

Passed  at  Dover,  April  16,  1885. 


ISD.  L.  362 


11  D.  L.  186. 
extended  to 
original 
issues  of 
bonds. 


AN  ACT  to  further  confirm  and  establish  an  Act  entitled  "An 
Act  to- provide  a  SinMng  Fund  for  the  payment  of  the 
city  debt  of  Wilmington." 

Section  1.  That  the  provisions,  terms  and  conditions  of 
the  Act  entitled  "An  Act  to  provide  a  Sinking  Fund  for  the 
pajTnent  of  the  city  debt  of  Wilmington, ' '  being  Chapter  186 
of  A^ol.  11,  Delaware  Laws,  and  the  supplements  and  amend- 
ments thereto  shall  be  and  the  same  are  hereby  construed,  es- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  459 

tablishecl,  extended,  considered  and  held  hereafter  to  apply  to 
the  original  issues  of  the  bonds  of  the  City  of  Wilmington,  and 
that  all  the  bonds  of  said  city  issued  hereafter,  for  any  and  all 
purposes  (payment  of  which  is  not  otherwise  specifically  pro-  ^o'^be^iss^ue^d 
vided  for)  shall  be  issued,  provided  and  made  payable  in  the  |c«)rdhfg  to 
same  manner  and  according  to  the  terms,  conditions  and  pro-  ^'^*- 
visions  of  said  Act  providing  a  sinking  fund  for  the  payment 
of  the  city  debt  of  Wilmington,  as  heretofore  applied  to  the  re-     . 
issues  of  the  bonds  of  the  city,  but  now  and  by  this  Act  ex- 
tended and  applied   to   such    future    original  issues  of  such 
bonds,  without  resort  to  any  re-issues  for  the  same. 

Sec.  2.    That  the  provisions,  terms  and  conditions  of  Sec-  section  i 

.  applicable 

tion  1  of  this  Act  shall  be  and  the  same  are  hereby  held  valid,  to  bonds 

issued  dxir- 

applicable  to,  and  to  include  the  bonds  of  the  City  of  Wilming-  ing  1886. 
ton  issued  during  the  year  A.  D.  1886,  being  sixty  thousand 
dollars  for  the  water  M^orks,  and  one  hundred  and  fifty  thou- 
sand dollars  for  the  purposes  of  a  city  park. 

Passed  at  Dover,  April  21,  1887. 


AN  ADDITIONAL  SUPPLE3IENT  to  the  Act  entitled  ''An  15  d.  l.  251. 
Act  to  limit  the  city  deht  of  Wilmington,  and  to  provide 
for  the  discharge  thereof." 

Section  1.    That  The  Mayor  and  Council  of  Wilmington  Borrowing 
shall  have  power  and  authority,  under  an  ordinance  of  the  authorized. 
City  Coimcil  to  be  passed  with  the  concurrence  of  two-thirds 
of  all  the  members  for  the  time  being  of  the  City  Council,  at 
any  time  hereafter,  to  borrow  a  sum  or  sums  of  money  not  ex- 
ceeding in  the  aggregate  one  hundred  and  twenty-five  thou-  expended. 
sand  dollars,  which  shall  be  in  addition  to  the  funded  debt  of 
the  city  heretofore  authorized,  and  shall  be  appropriated,  ap- 
plied and  expended,  or  so  much  thereof  as  shall  be  necessary, 
for  the  following  purposes  and  works,  that  is  to  say :    For  a  wa^^r  reser- 
new  water  reservoir,  and  for  improving  the  water  works  of  proving  the 
said  city,  increasing  and  enlarging  the  conveniences  for  the  ^ylng  wa'ter' 
supply  of  water  to  the  said  city,  for  laying  water  pipes  along  ^n^'^f  or  ^in- 
such  streets  of  said  city  as  the  City  Council  may  from  time  to  ^atei-^jnfo 
time  designate,  for  introducing  the  Brandywine  water  into  the  ^^^rd  ^and 


460 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


also  south 
of  the  Chris- 
tiana river. 


Interest. 


Ninth  ward,  and  into  that  part  of  the  city  lying  south  of  the 
Christiana  river,  for  land,  bricks,  sleeves,  caps,  stops,  stop- 
house,  and  necessary  adjuncts  and  appurtenances  for  a  new 
reservoir,  including  fencing  around  the  same,  and  for  connect- 
ing the  said  new  reservoir  with  the  main  pipe  on  Eleventh 
street.  Any  sum  borrowed  under  the  authority  of  this  Act 
shall  bear  interest  at  a  rate  not  exceeding  six  per  centum  per 
annum,  payable  at  such  time  or  times  and  in  such  manner  as 
the  ordinance  shall  prescribe. 


Surplus. 


Sec.  2.  The  surplus  of  any  money  borrowed  under  the 
authority  of  this  Act,  which  shall  remain  after  the  completion 
of  the  work  to  which  it  is  hereby  appropriated,  shall  be  placed 
to  the  credit  of  the  water  account  of  the  city,  and  used  for  no 
other  purpose  whatever  than  in  repairing  or  improving  the 
city  water  works,  or  increasing  or  distributing  the  supply  of 
water  to  the  city. 


Sinking 
fund. 


Duty  of  the 
City  Treas- 
urer. 


When  the 
Treasurer 
shall  report 
to  Council. 


Proviso. 


Sec.  3.  For  the  redemption  of  so  much  of  the  funded 
debt  of  the  city  as  shall  be  hereafter  contracted  under  this  Act, 
there  shall  be  a  sinking  fund  of  thirty-five  hundred  dollars  ap- 
plied every  year  to  the  redemption  thereof,  until  the  whole  of 
said  debt  is  paid.  To  constitute  said  sinking  fund  the  City 
Treasurer  shall  set  apart  and  appropriate  for  the  purpose  the 
sum  of  thirtj'-five  hundred  dollars  exery  year  after  the  con- 
tracting of  any  debt  under  this  Act,  until  the  whole  of  such 
debt  be  paid,  from  money  that  shall  come  into  his  hands  from 
water  rents  for  the  year,  and  in  default  of  such,  then  from 
any  other  funds  of  the  city  in  the  treasury  unapplied,  and  he 
shall  apply  the  said  sum  so  set  apart  and  appropriated  to  the 
pajTnent  or  purchase,  at  par,  of  so  much  of  said  debt.  If  in 
any  year  the  City  Treasurer  shall  not  be  able  to  pay  off  or  pur- 
chase funded  debt,  at  par,  to  absorb  the  whole  of  the  sinking 
fund  for  the  year  he  shall  report  the  case  to  the  City  Council, 
and  they  shall  make  such  order  in  regard  to  investment,  man- 
agement, control  and  disposal  of  said  fund  as  they  may  deem 
proper;  provided,  that  such  fund  shall  stand  pledged,  and  be 


ACTS  OF  THE  GENERAL  ASSEMBLY.  461 

applicable  to  the  redemption  of  said  funded  debt,  and  shall  be 
used  for  no  other  purpose  whatever. 

*********** 

Passed  at  Dover,  March  1,  1875. 


A  BILL  entitled  a)i  act  to  further  confirm  and  establish  an  act  20  d.  l.  622. 
entitled  ''An  Act  to  provide  a  sinking  fund  for  the  pay- 
ment of  the  City  Debt  of  Wilmington." 

Section  1.     That  the  provisions,  terms  and  conditions  of  Act  con- 

^  strued. 

the  act  entitled  "An  Act  to  provide  a  sinking  fund  for  the 
payment  of  the  city  debt  of  Wilmington,"  being  Chapter  186 
of  Volume  11,  Delaware  Laws,  be  and  the  same  are  hereby  con- 
strued, established,  extended,  considered  and  held  to  apply  to 
■  the  original  issues  of  the  bonds  of  the  City  of  Wilmington, 
amounting  in  the  aggregate  to  two  hundred  thousand  dollars, 
issued  under  the  provisions  of  an  act  entitled  "A  further  sup- 
plement to  the  act  entitled  'An  Act  to  limit  the  city  debt  of 
Wilmington  and  to  provide  for  the  discharge  thereof,'  " 
passed  at  Dover,  March  20,  1877. 

Sec.  2.  That  the  finance  committee  of  the  City  Council  issue  of 
and  the  Commissioners  of  the  Sinking  Fund  shall  on  or  before 
the  days  and  times  when  the  said  bonds  shall  fall  due  and  be- 
come payable  cause  other  new  bonds  to  be  issued  and  the 
]\Iayor  and  City  Council  of  Wilmington  are  hereby  authorized 
to  issue  the  same,  said  new  bonds,  so  issued,  to  be  made  pay- 
able in  the  amounts  and  at  the  time  specified  as  follows :  One 
or  more  of  said  bonds  for  the  sum  of  thirty-seven  hundred  dol- 
lars to  fall  due  and  become  payable  on  April  1st,  1910;  one  or  ^|^  p^^' 
more  of  said  bonds  for  the  sum  of  twenty-six  thousand  five 
hundred  and  fifty  dollars  to  fall  due  and  become  payable  on 
October  1st,  1910 ;  one  or  more  of  said  bonds  for  the  sum  of 
twenty-seven  thousand  four  hundred  dollars  to  fall  due  and 
become  payable  on  April  1st.  1911 ;  one  or  more  of  said  bonds 
for  the  sum  of  twenty-eight  thousand  two  hundred  dollars  to 
fall  due  and  become  payable  on  October  1st,  1911 ;  one  or  more 
of  said  bonds  for  the  sum  of  twenty-nine  thousand  and  fifty 
dollars  to  fall  due  and  become  payable  on  April  1st,  1912 ;  one 


462 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


or  more  of  said  bonds  for  the  sum  of  twenty-nine  thousand 
nine  hundred  and  fifty  dollars  to  fall  due  and  become  payable 
on  October  1st,  1912 ;  one  or  more  of  said  bonds  for  the  sum  of 
thirty  thousand  eight  hundred  dollars  to  fall  due  and  become 
payable  on  April  1st,  1913 ;  and  one  or  more  of  said  bonds  for 
the  sum  of  twenty-four  thousand  three  hundred  and  fifty  dol- 
lars to  fall  due  and  become  payable  on  October  1st,  1913. 

Sec.  3.    That  all  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  be  and  the  same  iare  hereby  repealed. 

Passed  at  Dover,  January  20,  1897. 


17D.  L.  401.  AN  ACT  to  authorize  ''The  Mayor  and  Council  of  Wilming- 
ton" to  borrow  sixty  thousand  dollars  and  to  provide  for 
the  payment  thereof. 


Authority 
to  borrow 
$60,000  to 
purchase 
water  rights 
in  the 

Brandj^wine 
creek. 


Bonds. 


Rate  of 
interest. 


Bonds,  how 
payable. 


Section  1.  That  "The  Mayor  and  Council  of  Wilming- 
ton" shall  have  power  and  authority  and  are  hereby  author- 
ized, under  an  ordinance  of  the  City  Council  to  be  passed  with 
the  concurrence  of  a  majoritj^  of  all  the  members  thereof  for 
the  time  being,  at  s^ny  time  hereafter,  to  borrow  upon  the  faith 
and  credit  of  the  cit^^  the  sum  of  sixt^^  thousand  dollars,  to  be 
applied  to  the  purpose  and  object  specified  in  Section  3  of  this 
Act,  and  shall  have  power  to  issue  bonds  to  secure  the  re-pay- 
ment of  the  money  so  authorized  to  be  borrowed,  and  shall  fix 
the  rate  of  interest  payable  on  said  bonds. 

Sec.  2.  The  bonds  which  shall  be  issued  under  the  pro- 
visions of  this  Act  shall  be  of  the  denomination  of  fifty  dollars 
and  multiples  of  fifty  dollars,  and  shall  be  divided  into  num- 
bered series  and  made  paj'able  with  any  interest  which  may  be 
due  thereon,  in  manner  following,  to  wit :  No.  118,  for  seven 
thousand  four  hundred  dollars,  to  fall  due  and  become  pay- 
able October  1st,  A.  D.  1913 ;  No.  119,  for  thirty-two  thousand 
seven  hundred  dollars,  to  fall  due  and  become  payable  April 
1st,  A.  D.  1914;  No.  120,  for  nineteen  thousand  nine  hundred 
dollars,  to  fall  due  and  become  payable  October  1st,  A.  D. 
1914.  The  City  Council  of  Wilmington  shall,  in  making  its  an- 
nual appropriations  for  any  of  the  fiscal  years  in  which  any  of 


ACTS   OF  THE  GENERAL  ASSEMBLY.  463 

the  above  series  of  bonds  shall  fall  due,  include  in  said  appro- 
priations a  sum  of  money  sufficient  for  the  redemption  of  the 
same  and  any  interest  that  may  be  due. 

Sec,  3.    The  money  borrowed  under  the  provisions  of  this  water  rights 

"  .  .        ,       only  to  be 

Act  shall  be  used  only  for  the  purchase  of  water  rights  m  the  purchased. 
south  long  race  in  said  city,  contracted  for  at  that  price  by  the 
City  Council  of  said  city. 

Passed  at  Dover,  April  3,  1883. 


AN  ACT  to  authorize  "The  Maijor  and  Council  of  TF'iZwiwi^- 19  d.  l.  432. 
ton"  to  l)orrow  a  certain  sum  of  money  for  the  improve- 
ment of  streets  and  avenues  in  the  City  of  Wilmington, 
Delaware. 

Section  1.    That  The  Mayor  and  Council  of  Wilmington  Authorized 

.  -,         ,  to  borrow 

shall  have  power  and  authority  and  they  are  hereby  ordered  $500,000. 
and  directed,  under  an  ordinance  of  the  City  Council  to  be 
passed  with  a  concurrence  of  two-thirds  of  all  the  members 
thereof  for  the  time  being,  to  borrow  a  sum  or  sums  of  money 
not  exceeding  in  the  aggregate  five  hundred  thousand  dollars, 

To  be  ex- 

which  shall  be  appropriated,  applied  and  expended  for  the  f ol-  pended  on 
lowing  purposes,  that  is  to  say:  For  paving  and  improving 
the  streets  and  avenues  of  the  said  City  of  Wilmington,  to  is- 
sue bonds  of  said  city  for  the  payment  thereof,  with  interest, 
at  such  times  and  in  such  manner  as  the  said  City  Council 
shall  by  ordinance  prescribe  and  appoint. 

Sec.  2.    That  any  and  all  moneys  so  borrowed  under  the  How  to  be 
authority   of   this   Act  shall   be   borrowed  by  the  said  "The 
Mayor  and  Council  of  Wilmington ' '  at  such  times  and  in  such 
amounts  as  the  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment of  the  City  of  Wilmington  may  direct ;  provided,  sum  to  be 
however,  that  in  no  event  shall  the  amount  to  be  borrowed  un-  not  to  ex- 
der  the  provisions  of  this  Act  exceed  the  sum  of  two  hundred  hi  oneVear. 
thousand  dollars  in  any  one  year,  and  shall  be  applied  and  ex- 
pended through  and  by  the  said  Board  of  Directors  of  the 
Street  and  Sewer  Department   of  the    City   of   Wilmington, 
which  shall  have  the  supervision,  management,  direction  and 


464 


ACTS  OF  THE  GENERxiL  ASSEMBLY. 


Deposit  of 
money  bor- 
rowed. 


of^mOTity"'^  control  of  and  over  the  work  and  the  expenditures  of  moneys 
as  hereinbefore  provided.  All  money  borrowed  as  aforesaid 
for  the  purpose  hereinbefore  named  shall  be  placed  on  special 
deposit  by  the  said  Board  of  Directors  of  the  Street  and  Sewer 
Department  of  the  City  of  Wilmington,  and  all  orders  or  war- 
rants for  the  payment  of  money  drawn  against  this  fund  shall 
have  specified  thereon  the  words,  ''Paving  and  improving 
streets  and  avenues,"  and  no  warrant  or  order  for  the  pay- 
ment of  money  shall  be  drawn  against  such  fund  except  such 
order  or  warrant  is  for  pa;\anent  for  work  done  in  the  improv- 
ing of  the  streets  and  avenues  of  the  City  of  Wilmington  as 
aforesaid. 


Orders  on 
fund. 


Issue  of 
bonds. 


Sec.  3.  That  the  bonds  of  the  City  of  Wilmington  author- 
ized to  be  issued  under  the  provisions  of  this  Act  shall  be  is- 
sued and  payment  made  in  the  manner  provided  by  an  Act 
passed  at  Dover,  February  9,  1855,  entitled  "An  Act  to  pro- 
vide a  sinking  fund  for  the  payment  of  the  city  debt  of  Wil- 
mington," and  the  various  amendments  and  supplements 
thereto. 

Passed  at  Dover,  Mav  15,  1891. 


20  D.  L.  160. 


A  FURTHER  8UPPLE3IENT  to  "An  act  to  provide  for 
Public  Parhs  for  the  use  of  the  citizens  of  Wilmington 
and  its  vicinity,"  passed  March  13th,  1883. 


Mayor  and 
Council  of 
Wilmington 
may  borrow 
not  exceed- 
ing: $50,000 
for  purchase 
of  additions 
to  parks. 


Section  1.  That  the  Mayor  and  Council  of  Wilmington 
are  hereby  empowered,  under  an  ordinance  or  ordinances  of 
the  City  Council  to  be  passed  with  the  concurrence  of  two- 
thirds  of  all  the  members  thereof,  to  borrow  a  sum  or  sums  not 
exceeding  in  the  aggregate  fifty  thousand  dollars  to  be  applied 
and  expended  under  the  charge  of  the  Board  of  Park  Com- 
missioners of  the  said  city  in  the  purchase  or  acquisition,  in 
the  manner  authorized  by  the  act  to  which  this  is  a  supple- 
ment, of  lands  to  be  used  as  additions  to  said  parks. 


Bonds,  how 
issued. 


Sec.  2.     That  the  bonds  of  the  City  of  Wilmington  au- 
thorized to  be  issued  under  the  provisions  of  this  act  shall  be 


ACTS  OF  THE  GENERAL  ASSEMBLY.  465 

issued,  and  payment  made  in  the  manner  provided  by  an  act 
passed  at  Dover,  February  9th,  1855,  entitled  "An  Act  to  pro- 
vide a  sinking  fund  for  the  payment  of  the  city  debt  of  Wil- 
mington,"  and  the  various  amendments  and  supplements 
thereto. 

Sec.  3. .   That  the  amounts  to  be  appropriated  in  pursu-  ^^Vnl  ooo 
ance  of  Section  4  of  the  act  to  which  this  is  a  supplement  shall  [°  any  one 
not  be  less  than  fifteen  thousand  dollars  for  any  one  fiscal  j'ear.  J'^^-r. 

Passed  at  Dover,  April  27,  1895. 


A  FURTHER  SUPPLEMENT  to  "An  Act  to  provide  /or  20  d.  l.  674. 
Piihlic  Parks  for  the  use  of  the  Citizens  of  Wilmington 
and  its  Vicinity,"  passed  March  13,  1883. 


Section  1.    That  the  Mayor  and  Council  of  Wilmington  May  borrow 
are  hereby  empowered,  under  an  ordinance  or  ordinances  of 
the  City  Council  to  be  passed  with  the  concurrence  of  two- 
thirds  of  all  the  members  thereof,  to  borrow  a  sum  or  sums  not 
exceeding  in  the  aggregate  $25,000.00  to  be  applied  under  the 
charge  of  the  Board  of  Park  Commissioners  in  the  improve-  For  im- 
ment  of  the  parks,  but  not  more  than  $15,000.00  shall  be  bor-  parks. 
rowed  in  any  one  calendar  year. 

Sec.  2.     That  the  bonds  of  the  Citv  of  Wilmington  au-  Form.  &c., 

.   .     "  .  of  bonds. 

thorized  to  be  issued  under  the  provisions  of  this  act  shall  be 
issued,  and  payment  made  in  the  manner  provided  by  an  act 
passed  at  Dover,  February  9th,  1855,  entitled,  "An  Act  to  pro- 
vide a  sinking  fund  for  the  City  of  AVilmington, ' '  and  the  vari- 
ous amendments  and  supplements  thereto. 

Passed  at  Dover,  April  5,  1897. 


466 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


20  D.  L.  163.  ^^Y  ACT  to  further  amend  Chapter  188  of  Vohime  18  of  the 
Laws  of  Delaware  and  also  to  authorize  "'The  Mayor  and 
Council  of  Wilmington"  to  borrow  a  certain  sum  of 
money  for  public  improvements  in  the  City  of  Wilming- 
ton, Delaware. 

Section  1\         ******** 


Mayor  and 
Council  shall 
borrow 
$250,000  and 
issue  bonds 
for  same. 


To  be  ex- 
pended in 
improve- 
ments of 
streets  and 
sewers. 


Sec.  2.  And  be  it  further  enacted  by  the  authority  afore- 
said, That  the  Mayor  and  Council  of  Wilmington  shall  have 
power  and  they  are  hereby  directed  to  borrow  the  sum  of  two 
hundred  and  fifty  thousand  dollars  ($250,000)  and  to  issue 
bonds  of  said  city  for  the  payment  thereof  with  interest,  said 
payment  to  be  made  at  such  times  and  in  such  manner  as  the 
City  Council  of  the  said  City  of  Wilmington  shall  by  ordi- 
nance prescribe  and  appoint,  and  the  said  sum  of  two  hundred 
and  fifty  thousand  ddllars  ($250,000)  shall,  in  the  discretion 
of  the  Board  of  Directors  of  the  said  Street  and  Sewer  Depart- 
ment of  the  said  City  of  AVilmington,  be  appropriated,  applied 
and  expended  by  the  said  board  for  the  following  public  im- 
provements, that  is  to  say:  For  the  opening,  widening,  paving 
and  improvement  of  streets,  avenues,  lanes  or  alleys  in  the  said 
City  of  Wilmington  and  for  the  construction  of  sewers  and 
waterways  in  said  city. 


Sec.  3.    That  any  and  all  moneys  so  borrowed  under  the 


To  be  bor- 
rowed in 

the^directors  ^^^^hority  of  this  act  shall  be  borrowed  by  the  said  the  Mayor 
and^sewer*^^  and  Couucil  of  Wilmington  at  such  times  and  in  such  amounts 

Department 
may  direct, 
not  exceed- 
ing- $125,000 
in  one  year. 


as  the  Board  of  Directors  of  the  Street  and  Sewer  Department 
of  the  said  Citj^  of  Wilmington  may  direct;  provided,  how- 
ever, that  in  no  event  shall  the  amount  to  be  borrowed  under 
the  provisions  of  this  act  exceed  the  sum  of  one  hundred  and 
twenty-five  thousand  dollars  ($125,000)  in  any  one  year  and 
the  same  shall  be  applied  and  expended  through  and  by  the 
said  Board  of  Directors  of  the  Street  and  Sewer  Department 
of  the  City  of  Wilmington,  which  shall  liave  the  supervision, 
management,  direction  and  control  over  the  said  work  and  the 
expenditure  of  money  necessary  with  respect  thereto.     All 


1.     Sec.  1  amending  Chapter  188,  Vol.  18,   D.   L. 


ACTS  OF  TUE  GENERAL  ASSEMBLY.  467 

moneys  borrowed  as  aforesaid  for  the  purposes  hereinbefore 

mentioned  shall  be  placed  on  special  deposit  by  the  said  Board  ^^^^^^  °" 

of  Directors  of  the  Street  and  Sewer  Department  of  the  said 

City  of  Wilmington,  and  no  warrant  or  order  for  the  payment 

of  money  shall  be  drawn  against  such  fund  except  such  order 

or  warrant  is  for  pajnnent  for  work  done  upon  and  about  the  ^"j^ied. 

improvements  provided  for  in  this  act. 

Sec.  4.     That  the  bonds  of  the  City  of  Wilmington  au-  Payment, 

■^  °  now  pro- 

thorized  to  be  issued  under  the  provisions  of  this  act  shall  be  vided  for. 
issued  and  payment  made  in  the  manner  provided  for  in  the 
act  passed  at  Dover,  February  9,  1855,  entitled  "An  act  to  pro- 
vide a  sinking  fund  for  the  City  of  Wilmington, ' '  and  the  va- 
rious amendments  and  supplements  thereto. 

Sec.  5.    That  no  reduction  in  the  amount  now  payable  by  to'^be'nmde"" 
the  Council  to  the  Board  of  Directors  of  the  Street  and  Sewer  ipprfpHa- 
Department  of  the  said  City  of  Wilmington  for  their  current  cn'tif/d^-""' 
and  ordinary  expenses  as  now  provided  by  law  shall  take  place  l-eceive"in- 
before  the  said  department  receives  such  installment  of  the  newTwin.  °^ 
money  directed  to  be  borrowed  by  this  act  as  it  may  properly 
demand. 

Sec.  6.    That  all  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  be  and  the  same  are  hereby  repealed. 

Passed  at  Dover,  April  30,  1895. 


AN  ACT  authorizing  and  empowering  "Tli.e  Board  of  Public  22  d.  l.  357. 
Education  in  Wilmington"  to  issue  Certificates  of  In- 
debtedness for  a  sum  not  exceeding  One  Hundred  and 
Fifty  Thousand  Dollars  for  the  payment  of  the  New  High 
School  and  the  buildings  connected  therewith;  and  the 
proper  furnishing  and  equipment  of  the  same. 


Section  1.    That  "The   Board  of   Public   Education  in  ^^^^^ ^^ 
Wilmington"  be  and  it  is  hereby  authorized  and  empowered  ^"t'^o^aif-"' 
to  issue  certificates  of  indebtedness  to  an  amount  not  exceed-  {^q^j^J,^*^  ^^ 


468 


ACTS  OF  THE  GENERAL   ASSEMBLY. 


$150,000  for    jng  the  sum  of  one  hundred  and  fifty  thousand  dollars,  for  the 

new  High  =>  •'  ' 

School  purpose  of  paj'ing  the  amounts  now  due  or  hereafter  to  become 

due,  for  or  on  account  of  the  erection  and  completion  of  the 
new  High  School  building  and  the  buildings  connected  there- 
with and  furnishing  the  same  with  the  necessary  furniture, 
apparatus  and  appliances. 

Sec.  2.  The  said  certificates  of  indebtedness  shall  bear 
interest  at  a  rate  not  exceeding  four  per  centum  per  annum, 
payable  semi-annually  from  the  day  of  the  date  thereof,  and 
shall  each  be  issued  for  the  sum  of  one  thousand  dollars,  and 
numbered  from  1  to  150  inclusive. 

Fifteen  of  said  certificates  shall  be  paid  off  each  and  every 
year,  in  the  order  in  which  they  are  numbered,  until  all  the 
said  certificates  are  paid,  out  of  the  annual  amount  of  money 
which  the  said  board  is  authorized  to  expend  yearly  for  new 
buildings. 
How  signed.  ^jj  ^j^g  ^^:^^  certificates  shall  be  signed  by  the  President 

of  the  said  Board  and  attested  by  the  Secretary  of  the  said 
Board,  and  have  affixed  thereto  the  common  or  corporate  seal 
of  the  said  "Board  of  Public  Education  in  Wilmington." 

Approved  March  8,  A.  D.  1901. 


Certificates 
of  indebted- 
ness. 


How  and 
when  paid. 


22  D.  L.  358. 


Mayor  and 
Council  may 
borrow 
money  to 
Improve 
parks. 


Amount  of. 


A  FURTHER  SUPPLEMENT  to  an  Act  entitled  ''An  Act  to 
provide  for  Puhlic  Parks  for  the  use  of  the  City  of  Wil- 
mington and  its  Vicinity,"  passed  March  13th,  1383. 

Section  1.  That  the  Mayor  and  Council  of  Wilmington, 
upon  recommendation  of  the  Board  of  Park  Commissioners, 
are  hereby  authorized  to  borrow  a  sum  or  sums  not  exceeding 
in  the  aggregate  of  fifty  thousand  dollars  to  be  applied  and 
expended  under  the  charge  of  the  Board  of  Park  Commission- 
ers of  the  said  city  for  the  purpose  of  improving  the  parks, 
and  a  sum  or  sums  not  exceeding  in  the  aggregate  thirty  thou- 
sand dollars  for  the  purchase  or  acquisition,  in  the  manner 
authorized  in  the  Act  to  which  this  is  a  supplement,  of  lands  to 
be  used  as  additions  to  said  parks. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  469 

Sec.  2.  That  the  bonds  of  the  City  of  Wilmington  au-  ^onds.  how 
thorized  to  be  issued  under  the  provisions  of  this  Act,  shall  be 
issued,  and  payment  made  in  the  manner  provided  by  an  ' '  Act 
passed  at  Dover,  Februarj^  9th,  1855,  entitled  'An  Act  to  pro- 
vide a  sinking  fund  for  the  payment  of  the  city  debt  of  Wil- 
mington,'  "  and  the  various  amendments  and  supplements 
thereto. 

Approved  March  21,  A.  D.  1901. 


^.V  ACT  to  authorize  ''The  Mayor  and  Council  of  Wilming-  22d.  l.  359. 
ton"  to  borrow  a  certam  sum  of  money  for  the  elimina- 
tion of  Grade  Crossings  of  Railroads  and  for  the  Improve- 
ment of  Streets  and  Avenues  and  Construction  of  Sewers 
in  the  City  of  Wilmington,  Delaware. 

Section  1.     That  "The  Mayor  and  Council  of  Wilming-  g^^'^^'^ff^ 
ton"  shall  have  power  and  authority,  and  they  are  hereby  di-  o°o'^fo7a,3oii'. 
rected  to  borrow  the  sum  of  fifty  thousand  dollars  and  to  issue  ^ion  of  grade 

•'  _         _  crossings. 

bonds  of  the  said  city  for  the  payment  thereof  with  interest, 
said  payment  to  be  made  at  such  times  and  in  such  manner  as 
the  said  Council  of  the  said  City  of  Wilmington  shall  by  ordi- 
nance prescribe  and  appoint,  and  the  said  sum  of  fifty  thousand 
dollars  shall,  in  the  discretion  of  the  Board  of  Directors  of  the 
Street  and  Sewer  Department  of  the  said  City  of  Wilmington, 
be  appropriated,  applied  aud  expended  by  the  said  board  for 
the  following  public  improvements,  that  is  to  say,  for  the  aboli- 
tion of  grade  crossings  of  railroads  within  the  limits  of  the 
City  of  Wilmington,  and  for  the  opening",  widening,  paving 
and  improving  of  streets,  avenues,  lanes  or  alleys  and  for  the 
extension  of  the  authorized  sewer  system  provided  for  and  in 
said  City  of  Wilming-ton. 

Sec.  2.  That  any  and  all  moneys  so  borrowed  under  the  Methods  of. 
authority  of  this  Act  shall  be  borrowed  by  the  said  "The 
Mayor  and  Council  of  Wilmington ' '  at  such  times  and  in  such 
amounts  as  the  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment of  the  said  Cit}'  of  Wilmington  ma}"  decide  and  di- 
rect. Provided,  however,  that  in  no  event  shall  the  amount  to 
be  borrowed  under  the  provisions  of  this  Act  exceed  the  sum 


470  ACTS  OF  THE  GENERAL  ASSEMBLY. 

of  twenty-five  thousand  dollars  in  any  one  calendar  year  and 
the  same  shall  be  applied  and  expended  through  and  by  the 
said  Board  of  Directors  of  the  Street  and  Sewer  Department 
of  the  said  City  of  Wilmington,  which  shall  have  the  super- 
vision, management,  direction  and  control  over  the  said  work 
and  the  expenditure  of  money  necessary  with  respect  thereto. 
All  moneys  borrowed  as  aforesaid  for  the  purposes  hereinbe- 
fore mentioned  shall  be  placed  on  deposit  by  the  said  Board  of 
Directors  of  the  Street  and  Sewer  Department  of  the  said  City 
of  Wilmington,  and  no  warrant  or  order  for  the  payment  of 
money  shall  be  drawn  against  such  funds  except  such  order, 
or  warrant  is  for  payment  for  work  done  upon  and  about  the 
improvement  provided  for  this  Act,  provided,  however,  that  it 
shall  be  discretionary  with  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  as  to  which  improvement  or  improve- 
ments any  or  all  of  such  money  or  moneys  shall  be  applied. 

Issue  and  Sec.  3.     That  the  bonds  of  the  City  of  AVilmington,  au- 

thorized to  be  issued  under  the  provisions  of  this  Act,  shall  be 
issued  and  payment  made  in  the  manner  provided  for  in  the 
Act  passed  at  Dover,  February  9,  1855,  entitled  "An  Act  to 
Provide  a  Sinking  Fund  for  the  City  of  Wilmington, ' '  and  the 
various  amendments  and  supplements  thereto. 

Sec.  4.    That  all  acts  or  parts  of  acts  inconsistent  with  the 
provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  March  14,  A.  D.  1901. 


22D.  L.  361.  AN  ACT  to  authorize  the  21ayor  and  Council  of  Wilmington 
to  horrow  the  sum  of  Fifty  Thoiisand  Dollars,  and  to  issue 
Sinking  Fund  Bonds  in  payment  thereof. 


Mayor  and  SECTION  1.     That  the  Mavor  and  Council  of  Wilmington 

Council  may  "  _     " 

borrow  $50,-  shall  havc  power  and  authority,  and  they  are  hereby  directed 
adequate       to  borrow  the  sum  of  fifty  thousand  dollars  ($50,000)  and  to 

receipts  ''  \         ;         / 

from  taxes,    issue  bonds  of  Said  city  for  the  payment  thereof  with  interest, 
said  payments  to  be  made  at  such  times  and  in  such  manner  as 


ACTS   OF  THE  GENERAL  ASSEMBLY.  471 

the  Council  of  the  said  Cit,y  of  Wilmington  shall  hy  ordinance 
prescribe  and  appoint,  and  of  the  said  sum  of  fifty  thousand 
dollars  the  sum  of  fifteen  hundred  and  fifty  dollars  shall  be  ap- 
propriated, applied  and  expended  by  said  Council  in  paying 
off  and  liquidating-  a  certain  bond  and  mortgage  of  said 
amount  held  by  Elizabeth  S.  Taylor  against  the  premises,  in 
said  City  of  Wilmington,  known  as  Public  School  No.  9,  and 
the  remaining  sum,  or  whatever  amount  may  be  necessary  shall 
be  applied  and  expended  by  the  Council  to  the  liquidation  of 
the  present  floating  indebtedness  of  the  city. 

Sec.  2.  That  the  bonds  of  the  City  of  Wilmington  au- 
thorized to  be  issued  under  the  provisions  of  this  Act  shall  be  issued  an^ 
issued  and  payment  made  in  the  manner  provided  for  in  the  ^^^^  ' 
Act  passed  at  Dover,  February  9,  1855,  entitled  "An  Act  to 
Provide  Sinking  Fund  for  the  City  of  Wilmington, ' '  and  the 
various  amendments  and  supplements  thereto.  The  aggregate 
amount  of  the  bonds  of  the  said  Mayor  and  Council  of  Wil- 
mington outstanding  and  unpaid  at  the  time  of  the  passage  of 
this  Act,  together  with  the  amount  of  the  bonds  hereby  author- 
ized to  be  issued,  shall  be  deemed  and  taken  to  be  the  author- 
ized limit- of  the  indebtedness  of  said  corporation,  and  the  faith 
and  credit  of  said  corporation  shall  be  and  are  hereby  pledged 
for  the  redemption  and  payment  of  said  bonds  as  the  same 
shall  fall  due  and  become  payable. 

Sec.  3.     That  all  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  March  9,  A.  D.  1901. 


AN  ACT  to  Protect  the  Health  of  the  Citizens  of  Wilmington.  ,.^ 

Whereas,  large  quantities  of  refuse  and  sewerage  are  un- 
avoidably discharged  into  the  stream  of  water  called  Price's 
Run  running  through  a  portion  of  the  Ninth  ward  of  the  City 
of  Wilmington ; 


L.  836. 
Preamble. 


Direction  of. 


472  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Preamble.  ^j^jj  Whereas,  a  public  drain  or  trunk  line  sewer  has  be- 

come necessary  for  the  drainage,  growth  and  development  of 
the  Northern  and  Northeastern  parts  of  said  city ; 


Mayor  and  SECTION  1.     The  Mayor  and   Council   of  Wilmington  is 

Council  to  *^  ° 

construct    a  hereby  authorized,    directed   and    required  within  three   (3) 

trunk  line  ^  i  x  \    / 

sewer.  years  after  the  passage  of  this  Act,  through  the  agency  of  the 

Board  of  Directors  of  the  Street  and  Sewer  Department  of  the 
City  of  Wilmington,  to  lay  and  construct  a  trunk  line  sewer  of 

Direction  of.  such  size  as  may  be  determined  by  the  Board  of  Directors  of 
the  Street  and  Sewer  Department,  beginning  at  the  intersec- 
tion of  Twenty-eighth  and  Monroe  streets  in  the  said  city  and 
running  thence  by  such  courses  as  the  Board  of  Directors  may 
deem  most  expedient  to  the  Brandywine  River ;  and  also  to  lay 

To  construct  .^^i^  coustruct,  a  branch  of  said  main  trunk  line  sewer  of  such 

branch  of  ' 

trunk  line      gi^e  as  may  be  determined  by  the  said  Board  of  Directors  of 

sewer.  '■'  «'  ^^ 

the  Street  and  Sewer  Department  of  the  Citj^  of  Wilmington, 
beginning  at  the  intersection  of  Twenty-second  and  Locust 
streets  in  said  city,  and  running  thence  by  such  courses  as  the 
said  Board  of  Directors  may  deem  most  expedient  to  the  inter- 
section of  Twenty-seventh  and  Bowers  streets  in  said  city,  and 
also  to  acquire  by  purchase  or  condemnation  all  lands,  water 
and  water  rights  necessar}-  for  laying  and  constructing  the 
said  sewer. 

Agreement  Sec.  2.    In  case  the  said  Board  of  Directors  shall  not  be 

with  prop- 
erty owners,  able  to  agree  with  the  owners  of  the  said  property  for  the  pur- 
chase thereof,  the  said  Board  shall  cause  the  same  to  be  con- 
demned for  the  use  of  the  said  city  for  the  purposes  aforesaid 
in  like  manner  and  by  like  proceedings  as  are  now  provided  by 
Condemna-    ^^w  for  the  Condemnation  of  land  for  extending,  widening,  Isly- 

tion  of  prop-  _  ^'  o;       ^ 

erty.  ^j^g  out  and  opening  streets  within  the  said  city.  {^) 

(a)   See  Sees.  116  and  117  of  the  Charter. 

To  borrow  Qec.  3.    The  Mayor  and  Council  of  Wilmington  shall  have 

money.  ^  ^ 

power  and  authority,  and  they  are  hereby  directed  to  borrow 

the  sum  of  Ninety  Thousand  dollars  ($90,000.00)  and  to  issue 

Bonds  for.      bouds  of  Said  city  for  the  payment  thereof,  with  interest,  said 

Interest.        payment  to  be  made  at  such  times  and  in  such  amounts  as  the 


ACTS   OF  THE  GENERAL  ASSEMBLY.  473 

City  Council  of  the  said  City  of  Wilmington  shall  by  ordi- 
nance prescribe  and  appoint,  and  the  said  sum  of  Ninety  Thou- 
sand dollars  ($90,000.00)  shall  be  appropriated,  applied  and 
expended  by  the  said  Board  toward  the  costs,  expenses  and^/'Pj^^^^g*^"'^ 
damages  "which  may  be  incurred  in  the  purchase  or  condemna- 
tion of  said  property  and  in  laying  and  constructing  said 
sewers. 

Sec.  -1.     That  any  and  all  moneys  so  borrowed  under  the 
authority  of  this  Act  shall  be  borrowed  by  the  said  Maj^or  and 
Council  of  Wilmington  at  such  times  and  in  such  amounts  as 
the  Board  of  Directors  of  the  Street  and  Sewer  Department  of 
the  City  of  Wilmington  may  decide  and  direct,  and  the  said 
money  shall  be  applied    and    expended    through  and  by  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of  the^^o^^^gO^J^'" 
City  of  Wilmington,  which  shall  have  entire  supervision,  man-^^P^^^'^^^^^j 
agement,  direction  and  control  over  said  work  and  the  expendi-^^°''^j;J^j^^j.g 
ture  of  money  necessary  with  respect  thereto.    All  moneys  bor-o^  money, 
rowed  as  aforesaid,  for  the  purposes  hereinbefore  mentioned, 
shall  be  placed  on  special  deposit  by  the  said  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department  of  the  City  of  Wil- 
mington, and  no  warrant  or  order  for  the  payment  of  money 
shall  be  drawn  against  such  funds  except  such  order  or  war- 
rant is  for  the  purchase  or  condemnation  of  said  property  or 
for  the  work  done  upon  or  about  the  construction  of  said 
sewers. 

Sec.  5.     That  the  bonds  of  the  Citv  of  Wilmington,  au- Bonds  issued 

^         '  and  paid  in 

thorized  to  be  issued  under  the  provisions  of  this  Act,  shall  be  accordance 

^  '  with  provis- 

issued  and  payment  made  in  the  manner  provided  bv  the  Act  io"?,?f  -^ct. 

^    •'  1  .  entitled  "An 

passed  at  Dover,  Februarv  9th,  1855,  entitled  "An  Act  to  Pro-Act  to  Pro- 

^  '  ..  ;  7  Vide  a  Smk- 

vide  a  Sinking  Fund  for  the  city  of  Wilmington"  and  the  va- in^  Fund  for 
rious  amendments  and  supplements  thereto.  wniming- 

^^  ■  ton. 

Sec.  6.    That  nothing  in  this  Act  shall  be  so  construed  as  Property 

.  owner  not 

to  relieve  the  owners  of  any  property  abutting  on  any  part  of  exempt  from 
the  sewers  provided  for  in  this  Act,  from  liability  for  the  costsbiiity. 
and  charges  which  may  be  laid  and  levied  upon  them  as  pro- 
vided for  by  law  for  the  opening  and  maintaining  of  all  public 
drains  and  sewers  Avithin  the  said  Citv  of  Wilmington. 


474 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Sec.  7.     That  all  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act,  be  and  the  same  are  hereby  repealed. 

Approved  March  26,  A.  D.  1903. 


22  D.  L.  833.  AN  ACT  to  Autliorize  the  Mayor  and  Council  of  Wilmington 
to  horrow  the  sum  of  Two  hundred  thousand  dollars  for 
the  use  of  the  Board  of  Water  Commissioners  of  said  City. 

Mayor  and  SECTION  1.     The  Mavor  and  Council  of  Wilmington  shall 

Council  of  ^  & 

Wilmington    have  power  and  authority,  and  is  herebv  directed  to  borrow,  as 

to  borrow  »/  7  .  7 

$200,000.         hereinafter  provided,  the  sum  of  Two  hundred  thousand  dol- 
To  issue        lars,  and  to  issue  bonds  to  be  prepared  and  printed  or  engraved 
under  the  supervision  of  the  Board  of  Water  Commissioners, 
of  the  said  The  Mayor  and  Council  of  Wilmington  for  the  pay- 
How  signed,  ment  thereef  with  interest.     Said  bonds  to  be  signed  by  the 
Mayor  of  the  said  city,  and  under  the  seal  of  the  said  city,  and 
countersigned  by  the  City  Treasurer  and  City  Auditor  in  the 
Record  of.      same  manner  as  other  city  bonds  ;  and  a  record  thereof  shall  be 
made  and  kept  by  the  City  Auditor,  the  City  Treasurer,  and 
bv  the  Board  of  Water  Commissioners. 


To  be  deliv- 
ered to 
Mayor  and 
City  Treas- 
urer. 


Sec.  2.  Whenever  in  the  judgment  of  the  said  Board  of 
Water  Commissioners  it  shall  be  necessary  to  issue  by  resolu- 
tion of  the  Board  any  or  all  of  the  said  bonds,  they  shall  cause 
the  same  to  be  prepared  and  delivered  to  the  Mayor  and  City 
Treasurer  for  execution  as  aforesaid. 

Bonds  may  Sec.  3.     Said  bouds  may  be  either  registered  or  coupon 

registered  or  bouds,  as  the  Said  Board  of  Water  Commissioners  may  deter- 
bonds.  mine,  and  shall  be  of  the  denomination  of  one  thousand  dollars, 

t?on.°"^'"^'  each,  and  shall  bear  interest  at  a  rate  not  to  exceed  four  per 
centum  per  annum.  Said  bonds  shall  be  made  payable  at  the 
expiration  of  twenty  A^ears  from  the  date  thereof  and  may  con- 
tain a  provision  for  the  redemption  thereof  by  the  said  Board 
of  Water  Commissioners  at  any  time  after  the  expiration  of 
five  years  from  the  date  thereof,  at  a  premium  not  to  exceed 
five  per  cent.  Said  bonds  shall  also  be  liable  to  be  redeemed  at 
their  face  value  at  any  interest  bearing  period,  as  hereinafter 
provided. 


Pa\'able. 


Redemption 
of  bonds. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  475 

Sec.  4.     The  said  bonds,  principal  and  interest  shall  l^e  ^bie'^at^^^ ' 
payable  at  the  Union  National  Bank  of  Wilmington,  Delaware,  tJn°^B^nk 
out  of  money  from  time  to  time  appropriated  for  that  pur-  of^wiiming- 
pose  by  -the  said  Board  of  Water  Commissioners.     The  said 
Board  of  Water  Commissioners  is  hereby  authorized  and  di- 
rected to  pay  the  interest  on  the  said  bonds  to  the  said  Union 
National  Bank  of  Wilmington,  Delaware,  when  and  as  the 
same  shall  become  due;  and  the  said  Board  of  Water  Com- 
missioners is  further  authorized  and  directed  to  pay  and  re- 
deem at  the  expiration  of  the  fifth  year  from  the  date  of  the  ^g^emptSn 
said  bonds,  fifteen  of  said  bonds  at  par,  and  to  pay  and  redeem  of  bonds, 
at  the  expiration  of  each  and  every  year  thereafter,  an  addi- 
tional fifteen  of  said  bonds  until  the  twentieth  year  when  the 
said  Board  of  Water  Commissioners  shall  pay  and  redeem  the 
balance  of  said  bonds. 

The  said  Board  of  Water  Commissioners  is  hereby  author- 
ized and  empowered  to  apply  to  the  payment  of  the  interest 
and  principal  on  said  bonds,  any  revenue  coming  into  their 
hands  from  the  Water  AVorks  of  the  City  of  Wilmington.  The 
bonds  to  be  redeemed  at  any  time  shall  be  selected  by  the 
Board  of  Water  Commissioners  by  an  impartial  drawing.  Any 
and  all  bonds  redeemed  shall  be  forthwith  cancelled  by  the 
City  Treasurer  and  City  Auditor,  and  shall  not  again  be  re- 
issued. 

Sec.  5.  All  of  the  said  bonds  shall  bear  the  same  date  and  -^^^^  ^^^^^ 
shall  be  numbered  from  No.  1  to  No..  200  inclusive.  If  coupon  {J^^g*^^'  °^ 
bonds  shall  be  issued,  the  coupons  shall  bear  the  engraved  sig- 
nature of  the  Treasurer  of  the  said  city.  Any  matured  cou- 
pons shall  be  detached  from  the  bonds  by  the  City  Treasurer 
and  destroyed  before  delivery  to  the  purchaser  or  purchasers 
thereof. 

Sec.  6.  Said  bonds  may  be  sold  when  and  as  the  said  ^®^q°j^^^'^'°" 
Board  of  Water  Commissioners  shall  determine,  and  until  sold 
shall  remain  in  the  custody  of  the  City  Treasurer.  Whenever 
in  the  judgment  of  the  said  Board  of  Water  Commissioners  it 
shall  seem  desirable  to  sell  any  or  all  of  the  said  bonds,  the 
said  Board  of  Water  Commissioners  may  sell  and  dispose  of 


476 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


the  same  on  the  most  advantageous  terms  possible  after  having 
advertised  the  same  in  the  public  press,  but  no  commission  or 
other  compensation  shall  be  charged  or  paid  to  any  member 
of  said  Board  for  effecting  the  sale  or  negotiation  of  said 
bonds. 

Disposition  g^c.  7.    Anv  monev  received  from  the  sale  of  anv  or  all 

of  money  -  ./ 

from  sale  of  of  the  Said  bonds  shall  be  deposited  by  the  City  Treasurer  to 
the  credit  of  the  Board  of  AVater  Commissioners  in  a  separate 
account,  and  payments  therefrom  shall  be  made  in  the  same 
manner  as  other  payments  by  the  Board  of  Water  Commis- 
sioners, provided  that  no  part  of  the  money  thus  obtained  shall 
be  used. by  the  said  Board  of  Water  Commissioners  for  any 
purpose  other  than  the  construction,  erection  and  equipment 
of  the  new  reservoir  to  be  located  in  Brandywine  Hundred, 
New  Castle  County,  to  be  known  as  the  William  T.  Porter  Res- 
ervoir, and  for  the  purchase,  construction  and  equipment  of 
the  pipes,  mains,  filter  plant,  clear  water  basin,  buildings  and 
machinery  proper  for  the  construction,  completion  and  opera- 
tion of  the  said  reservoir  in  connection  with  the  Water  Works 
of  the  City  of  Wilmington. 


Bonds  pay- 
able in  gold. 


Sec.  8.  The  principal  and  interest  of  the  said  bonds  shall 
be  payable  in  gold  coin  of  the  United  States  of  America,  equal 
in  weight  and  finen'ess  to  the  present  standard,  and  shall  con- 
tain such  provisions  not  inconsistent  with  the  requirements  of 
this  Act,  as  the  said  Board  of  Water  Commissioners  shall  de- 
termine. 


Expense  of  Sec.  9.     All  charges    and    expenses    connected  with  the 

of  bonds  preparation  of  the  said  bonds,  and  of  the  sale  thereof,  shall  be 

Board  "of  paid  by  the  said  Board  of  Water  Commissioners  by  monej'  to 

missioners.  be  appropriated  by  them  for  that  purpose. 


Approved  March  31,  A.  D.  1903. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  477 

A  FURTHER  SUPPLEMENT  to  an  Act  entitled  "An  Act  to  23  d.  l.  275. 
provide  for  Puhlic  Parks  for  the  use  of  the  City  of  Wil- 
mington and  its  vicinity/'  passed  March  13th,  1883. 


Section  1.     That  the  Mayor  and  Council  of  Wilmington,  city  author- 

.      .  '  ized  to  bor- 

upon  recommendation  of  the  Board  of  Park  Commissioners,  row  money 

.  to  purchase 

are  hereby  authorized  to  borrow  a  sum  or  sums  not  exceeding  additional 

lands  for 

in  the  aggregate  twenty  thousand  dollars  to  be  applied  and  ex-  parks, 
pended  under  the  charge  of  the  Board  of  Park  Commissioners 
of  the  said  city  for  the  purpose  of  improving  the  parks,  and  a 
sum  or  sums  not  exceeding  in  the  aggregate  thirty  thousand 
dollars  for  the  purchase  or  acquisition,  in  the  manner  author- 
ized in  the  Act  to  which  this  is  a  supplement,  of  lands  to  be 
used  as  additions  to  said  parks. 

Sec.  2.  That  the  bonds  of  the  City  of  Wilmington  au- 
thorized to  be  issued  under  the  provisions  of  this  Act,  shall  be  authorized, 
issued,  and  payment  made  in  the  manner  provided  by  an  ' '  Act 
passed  at  Dover,  February  9th,  1855,  entitled  'An  Act  to  pro- 
vide a  sinking  fund  for  the  payment  of  the  city  debt  of  Wil- 
mington,' "  and  the  various  amendments  and  supplements 
thereto. 

Approved  March  29,  A.  D.  1905. 


AN  ACT  to  authorize  "The  Mayor  and  Council  of  Wilming-  23  d.  l.  276. 
ton"  to  borrow  a  certain  sum  of  money  for  the  elimina- 
tion of  grade  crossings  of  railroads  and  for  the  improve- 
ment of  streets  and  avenues  and  construction  of  sewers  in 
the  City  of  Wilmington,  Delaware. 


Section  1.     That  "The  Mavor  and  Council  of  Wilming- city author- 

.    ized  to  bor- 

ton"  shall  have  power  and  authoritv,  and  thev  are  hereby  di-  row  money 

^  ■  "  11^°  abolish 

rected  to  borrow  the  sum  of  one  hundred  thousand  dollars  and  grade  cross- 

.        ings. 

to  issue  bonds  of  the  said  city  for  the  payment  thereof  with 
interest,  said  payment  to  be  made  at  such  times  and  in  such 
manner  as  the  said  Council  of  the  said  City  of  Wilmington 
shall  by  ordinance  prescribe  and  appoint,  and  the  said  sum  of 


478 


ACTS   OF  THE  GENERAL  ASSEMBLY. 


one  hundred  thousand  dollars  shall,  in  the  discretion  of  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of  the 
said  City  of  Wilmington,  be  appropriated,  applied  and  ex- 
pended by  the  said  board  for  the  following  public  improve- 
ments, that  is  to  say,  for  the  abolition  of  grade  crossings  of 
railroads  within  the  limits  of  the  City  of  Wilmington,  and  for 
the  opening,  widening,  paving  and  improving  of  streets,  ave- 
nues, lanes  or  alle.ys  and  for  the  extension  of  the  authorized 
sewer  system  provided  for  and  in  said  City  of  Wilmington. 


Money  when 
to  be  bor- 
rowed. 


Proviso. 

Limit  of 
amount  to 
be  borrowed 
in  any  year. 
How 
expended. 


Money  to 
whose  credit 
deposited. 


How 
drawn   on. 


Proviso. 


Proviso. 
Limit  of 
amount  to 
be  used  on 

sewers. 


Sec.  2.  That  any  and  all  moneys  so  borrowed  under  the 
authority  of  this  Act  shall  be  borrowed  by  the  said  "The 
Mayor  and  Council  of  Wilmington ' '  at  such  times  and  in  such 
amounts  as  the  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment of  the  said  City  of  Wilmington  may  decide  and  di- 
rect. Provided,  however,  that  in  no  event  shall  the  amount  to 
be  borrowed  under  the  provisions  of  this  Act  exceed  the  sum 
of  fifty  thousand  dollars  in  any  one  calendar  year  and  the 
same  shall  be  applied  and  expended  through  and  by  the 
said  Board  of  Directors  of  the  Street  and  Sewer  Department 
of  the  said  City  of  Wilmington,  which  shall  have  the  super- 
vision, management,  direction  and  control  over  the  said  work 
and  the  expenditure  of  money  necessary  with  respect  thereto. 
All  moneys  borrowed  as  aforesaid  for  the  purposes  hereinbe- 
fore mentioned  shall  be  placed  on  deposit  by  the  said  Board  of 
Directors  of  the  Street  and  Sewer  Department  of  the  said  Citj^ 
of  Wilmington,  and  no  warrant  or  order  for  the  payment  of 
money  shall  be  drawn  against  such  funds  except  such  order, 
or  warrant  is  for  payment  for  work  done  upon  and  about  the 
improvement  provided  for  this  Act,  provided,  however,  that  it 
shall  be  discretionary  with  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  as  to  which  improvement  or  improve- 
ments any  or  all  of  such  money  or  moneys  shall  be  applied, 
provided,  however,  that  not  more  than  one-third  of  the  moneys 
so  borrowed  under  the  authority  of  this  Act  shall  be  applied 
for  the  extension  of  sewers. 


Bonds  of 
city  to  be 
issued  under 
what  Act. 


Sec.  3.     That  the  bonds  of  the  City  of  Wilmington,  au- 
thorized to  be  issued  under  the  provisions  of  this  Act,  shall  be 


ACTS  OP  THE  GENERAL  ASSEMBLY.  479 

issued  and  payment  made  in  the  manner  provided  for  in  the 
Act  passed  at  Dover,  February  9,  1855,  entitled  "An  Act  to 
Provide  a  Sinking  Fund  for  the  City  of  Wilmington, "  and  the 
various  amendments  and  supplements  thereto. 

Sec.  4.     That  all  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  March  6,  A.  D.  1905. 


AN  ACT  to  authorize  the  Mayor  and  Council  of  Wilmington  24  d.  l.  351 
to  horrow  Eight  Hundred  Thousand  Dollars  for  the  pur- 
pose of  paying  off  any  Floating  Indel)tedness  and  Current 
Liahility  in  connection  with  the  Water  Works  System  of 
the  City  of  Wilmington,  and  for  defraying  the  cost  of  ac- 
quiring real  estate  and  water  rights;  and  for  the  comple- 
tion, construction,  erection  and  equipment  of  new  reser- 
voirs, filter  plants,  pumping  stations,  pumping  engines, 
pipes,  mains  and  other  appurtenances  necessary  for  the 
completion  and  operation  of  the  reservoir  and  filtration 
plants  in  connection  with  the  extension  of  the  Water  Sup- 
ply System  of  the  City  of  Wilmington. 


Section  1.    That  The  Mavor  and  Council  of  Wilmington,  city  author- 
ized to  l)or- 
be  and  is  hereby  authorized  and  empowered  to  borrow  upon  row  $800,000. 

the  faith  and  credit  of  the  City  of  Wilmington,  as  hereinafter 

provided,  a  sum  not  exceeding  eight  hundred  thousand  dollars 

to  be  expended  for  the  purpose  of  paving  off  any  floating  in-  Funds  to  be 

...  '  .  •   1       1       -TJT   J.       used  for 

debtedness  and  current  liability  m  connection  wath  the  Water  what  pur- 

'  13 OS  OS 

Works  System  of  the  City  of  Wilming-ton,  and  for  defraying 
the  cost  of  acquiring  real  estate  and  water  rights ;  and  for  the 
completion,  construction,  erection  and  equipment  of  new  reser- 
voirs, filter  plants,  pumping  stations,  pumping  engines,  pipes, 
mains  and  other  appurtenances  necessary  for  the  completion 
and  operation  of  the  AVater  Supply  System  of  the  City  of 
Wilmington;  and  for  the  purpose  of  securing  the  payment 
of  such  sum,  to  issue  bonds  in  denominations  of  one  thousand  To  issue 

bonds. 

dollars  each  and  bearing  such  rate  of  interest  not  exceeding 


480 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Rate  of 
interest. 


four  and  one-half  per  centum  per  annum  as  The  Council  of 
The  Mayor  and  Council  of  "Wilmington  may  deem  expedient. 
The  interest  upon  said  bonds  shall  be  payable  semi-annually  in 
each  and  every  year  from  the  date  of  issue  thereof. 


Classifica- 
tion   of 
bonds. 


Sec.  2.    Said  bonds  shall  be  divided  into  seventeen  classes 
and  shall  be  paid  at  their  face  value  as  follows : 

Class.  Amount.  Date  of  Maturity. 

A $30,000 1910 

B $30,000 1911 

C $30,000 1912 

D $30,000 1913 

E $40,000 1914 

F $40,000 1915 

G $40,000 1916 

H $40,000 1917 

I $50,000 1918 


J. 
K. 

L. 
M. 

N. 
0. 
P. 
Q. 


.$50,000 1919 

,$50,000 1920 

.$50.000 1921 

,$60,000 1922 

,$60,000 1923 

,$60,000 1924 

.$70,000 1925 

$70,000 1926 


City  Council 
to  prepare 
bonds. 


How 
executed. 


Record  of 
bonds. 


Sec  3.  Said  bonds  shall  be  prepared  under  the  super- 
vision of  The  Council  of  The  Mayor  and  Council  of  Wilming- 
ton and  shall  be  signed  by  the  Mayor  of  the  City  of  Wilming- 
ton, and  under  the  seal  of  said  city,  and  shall  be  countersigned 
by  the  City  Treasurer  and  City  Auditor  of  said  city  in  the 
same  manner  as  other  city  bonds ;  and  it  shall  be  the  duty  of 
such  officers  to  execute  said  bonds  when  directed  by  The  Coun- 
cil to  do  so.  It  shall  be  the  duty  of  the  City  Auditor,  the  City 
Treasurer,  and  the  Board  of  Water  Commissioners  to  keep  a 
record  of  said  bonds. 


may'^be^ofd.  ^^c.  4.     Said  bonds,    or   any   part   thereof,  may  be  sold 

when  and  as  The  Council  of  The  j\Iayor  and  Council  of  Wil- 


ACTS  OP  THE  GENERAL  ASSEMBLY.  481 

mington  shall  determine,  aud  until  sold  shall  remain  iu  the 
custod}^  and  possession  of  the  City  Treasurer.  Whenever  the 
Board  of  Water  Commissioners  of  the  City  of  Wilmin^on 
.shall  deem  it  necessary  to  have  "The  Council"  sell  any  or  all 
of  said  bonds,  the  said  Board  shall  bj^  resolution  request,  ' '  The 
Council"  to  issue  any  portion  or  all  of  said  bonds,  and  "The 
Council"  of  The  Mayor  and  Council  of  Wilming-ton  if  it  shall 
deem  it  advisable  may  sell  and  dispose  of  the  same  on  the  most 
advantageous  terms  possible,  after  having  advertised  the  same 
in  the  public  press  at  least  once  each  week  for  at  least  two 
weeks.  No  commission  or  other  compensation  shall  be  charged 
or  paid  to  any  member  of  The  Council  for  affecting  the  sale  or 
negotiation  of  said  bonds. 


pay- 


Sec.  5.  Said  bonds,  principal  and  interest,  shall  be  pay-  ^^^ere' 
able  at  the  Union  National  Bank  at  Wibiiington,  Delaware,  ^^^^■ 
in  gold  coin  of  the  United  States  of  America  equal  in  weight 
and  fineness  to  the  present  standard,  out  of  the  money  from 
time  to  time  appropriated  for  that  purpose  by  The  Council  of  ^^hen 
the  City  of  Wilmington,  and  the  said  Council  is  hereby  au-  payable. 
thorized  and  directed  to  pay  the  interest  on  said  bonds  to  the 
said  Union  National  Bank  when  and  as  the  same  shall  become 
due,  and  to  pay  said  bonds  when  and  as  the  respective  classes 
mature  in  accordance  with  the  schedule  in  Section  2  of  this 
Act.  The  said  Council  is  hereby  authorized  and  directed  to 
apply  to  the  payment  of  the  interest  and  principal  on  said  » 

bonds,  any  money  coming  into  its  possession  from  the  revenues 
of  said  city. 

Sec.  6.    All  of  said  bonds  shall  bear  the  same  date  and  Funds  de- 
posited to 

shall  be  numbered  from  201  to  1000  inclusive.    The  monev  re-  whose 

credit. 

ceived  from  the  sale  of  said  bonds  shall  be  deposited  hy  the 
City  Treasurer  to  the  credit  of  the  Board  of  Water  Commis- 
sioners in  a  separate  account  and  pavments  therefrom  shall  be  Drafts 

^  ^    *  thereon, 

made  in  the  same  manner  as  other  payments  are  made  by  said  ^ow  made. 
Board  of  Water  Commissioners.     No  part  of  the  money  thus 
obtained  and  deposited  to  the  credit  of  the  Board  of  Water 
Commissioners  shall  be  used  by  said  Board  for  any  purpose  p^^, 
other  than  :    First — paying  oft'  anv  floating  indebtedness  and  fun<is  may 

.  .         .  .  "  t>e  apphed  to. 

current  liability  in  connection  with  the  Water  Works  System 


482 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


of  Wilming-ton ;  and  second — for  defraying  the  cost  of  acquir- 
ing real  estate  and  water  rights  and  for  the  completion,  con- 
struction, erection  and  equipment  of  new  reservoirs,  filter 
plants,  pumping  stations,  pumping  engines,  pipes,  mains  and 
other  appurtenances  necessary  for  the  completion  and  opera- 
tion of  the  Water.  Supply  System  of  the  City  of  Wilmington ; 
Proviso.         provided  that  the  purchasers  or  holders  of  said  bonds  shall  not 

Purchasers 

not  bound  to  be  bound  to  see  to,  or  be  affected  by  the  application  or  mis- 
cation  of        application  of  any  of  said  money,  realized  from  the  sale  of 

funds.  K^       -i 

said  bonds. 


Form  of 
bonds. 


Sec.  7.  Said  bonds  shall  contain  such  provisions  not  in- 
consistent with  the  requirements  of  this  Act  as  The  Council  of 
The  ]\Iayor  and  Council  of  Wilmington  shall  determine. 


Costs  to  be 
paid  by 
Council. 


Sec.  8.  All  charges  and  expenses  connected  with  the 
preparation  of  said  bonds,  and  the  sale  thereof  shall  be  paid 
by  The  Council  of  The  ]\Iayor  and  Council  of  Wilmington  by 
money  to  be  appropriated  by  it  for  that  purpose. 

Approved  March  29,  A.  D.  1907. 


24  D.  L.  361. 


AN  ACT  to  authorize  "The  Mayor  and  Council  of  Wihning- 
to)b"  to  borrow  money  for  the  curbing,  guttering,  grading, 
widening,  paving  and  improving  of  streets  and  avenues 
and  the  building  of  sewers  and  conduits,  in  the  City  of 
Wilmington,  Delaware. 


City  author- 
ized to  bor- 
row money 
for  curbing, 
&c.,  streets. 


Money  to  be 
paid  to  City 
Treasurer 
who  shall 
deliver  to 
Board  of  Di- 
rectors of 
Street  and 
Sewer  De- 
partment. 


Section  1.  That  the  "INIayor  and  Council  of  Wilming- 
ton" shall  have  power  and  authority  to  borrow  money  in  such 
amounts  and  at  such  times  as  they  shall  deem  necessary  to  be 
borrowed  and,  shall  by  ordinance  prescribe  and  appoint,  for 
the  curbing,  guttering,  grading,  widening,  paving  and  improv- 
ing of  the  streets,  avenues,  lanes  or  alleys  and  the  building  of 
sewers  and  conduits  in  the  City  of  Wilmington,  Delaware,  and 
to  issue  the  bonds  of  the  said  city  in  payment  therefor  with 
interest ;  the  moneys  so  borrowed  to  be  paid  into  the  city  treas- 
ury and  upon  the  receipt  of  the  same  by  the  City  Treasurer,  he 
shall  deliver  the  amount  of  the  same  to  the  Board  of  Directors 


ACTS  OF  THE  GENERAL  ASSEMBLY.  483 

of  the  Street  and  Sewer  Department  of  the  said  City  of  Wil- 
mington, which  Board  shall  have  supervision,  management,  di- 
rection and  control  over  the  said  work  and  the  expenditure  of 
the  money  necessary  with  respect  thereto.  All  moneys  bor- 
rowed as  aforesaid  for  the  purposes  hereinbefore  mentioned  ^, 

■^      ^  How  de- 

shall  be  placed  on  deposit  by  the  Board  of  Directors  of  the  posited. 
Street  and  Sewer  Department  of  the  said  City  of  Wilmington 
and  no  warrant  or  order  for  the  payment  of  money  shall  be 
drawn  against  said  funds  except  such  order  or  warrant  is  for  How 
payment  for  work  done  or  material  or  implements  used  upon 
and  about  the  improvement  or  improvements  provided  for  in 
this  Act  or  prescribed  in  the  ordinance  of  Council  providing 
the  sum  to  be  borrowed. 

Provided,  however,  that  the  said  Board  of  Directors  of  Eutpof'said 
the  Street  and  Sewer  Department  of  the  said  city,  shall,  be-f^^Ye^^nd 
fore  any  moneys  are  so  borrowed  under  the  authority  of  this  partmentto 
Act,  prepare  and  present  to  the  Council  of  said  City  of  Wil-  of 'ifroposed 
mington,  a  list  showing  the  location  and  the  estimated  costs  of  j^en'tsTo' 
improvements  as  far  as  practicable  which  in  the  judgment  of  Councu. 
said  Board  of  Directors  of  the  Street  and  Sewer  Department 
should  be  made.     The  Council  of  said  City  of  Wilmington  Council  to 
shall  fix  the  amount  to  be  borrowed,  basing  the  amount  on  the  f^i^^^'oi"'' 
estimates  submitted  by  said  Board  of  Directors  of  the  Street  rowed. 
and  Sewer  Department. 

Sec.  2.  That  the  bonds  of  the  City  of  AVilmington,  au-  Bonds 
thorized  to  be  issued  under  the  provisions  of  this  Act,  shall  be 
issued  and  payment  made  in  the  manner  provided  for  in  the 
Act  passed  at  Dover,  February  9th,  1855,  entitled  "An  Act  to 
provide  a  Sinking  Fund  for  the  City  of  Wilmington, ' '  and  the 
various  amendments  and  supplements  thereto. 

Sec.  3.     That  all  Acts  or  parts  of  Acts  inconsistent  with 
the  provisions  of  this  Act  be  and  the  same  are  hereby  repealed. 

Approved  March  4,  A.  D.  1907. 


484  ACTS  OF  THE  GENERAL  ASSEMBLY. 

16D.  L.  187.    j[jv  J^CT  to  exempt  from  taxation  the  honds  of  the  City  of 
Wilmington. 

gonds^ofthe  Section  1.     That  all  bonds  of  the  City  of  Wilmington 

Wilmington   which  liave  heretofore  been  issued,  or  which  shall  hereafter  be 

exempt  from  ' 

all  taxation,  iggued  Under  any  ordinance  of  said  city,  and  by  authority  of 
any  law  of  this  State,  shall  be  exempt  from  taxation  under  any 
law  of  this  State ;  and  from  and  after  the  passage  of  this  Act 
no  county  tax  shall  be  collected  from  any  persons  holding  the 
bonds  of  said  city  for  or  on  account  of  said  bonds. 

Sec.  2.     All  laws  or  parts  of  laws  inconsistent  herewith 
are  hereby  repealed. 

Passed  at  Dover,  March  27,  1879. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  485 


CHAPTER  XIV. 

ACTS  IN  RELATION  TO  EXEMPTIONS  FROM  TAXA- 
TION. 

Page  I  Page 

1.  Act        Exempting        United  6.     Act     Exempting     Lands    of 
States    Custom    House 485  Charitable    Homes    of    Ref- 

2.  Act       Exempting       Certain  uge   490 

Lands  of  the  United  States  486        7.     Act     Exempting     Lands    of 

3.  Act    Exempting    ail    Public  Charitable   Day  Nurseries         491 
Schools 486         8.     Act     Exempting     Lands     of 

4.  Act    to    Classify    and     Ex-  Charitable  Young  Women's 
empt   Certain    Real    Estate.  487                Christian    Associations    ....      491 

5.  Act     Exempting     Lands    of  9.     Act     Exempting     Lands     of 
Charitable    Homes    for    In-  Corporations      Engaged      in 

curables   489    |  Settlement  Work   492 

AN  ACT  exempting  from  taxation  certain  real  estate  located  ^  ^  l.  33. 
in  the   City   of   Wilmington,  purchased   hy   the   United 
States  Government  for  the  purpose  of  erecting  a  Custom 
House  thereon. 

Whereas,  The  Congress  of  the  United  States  at  its  last  Preamble, 
session  appropriated  the  sum  of  twenty-five  thousand  dollars 
for  the  purchasing  of  a  site  and  the  construction  of  a  suitable 
building  at  the  City  of  Wilmington,  in  this  State,  for  a  Custom 
House,  Post  Office,  court  rooms  and  other  offices  of  the  United 
States,  and  for  furnishing  the  same,  upon  condition  that  the 
General  Assembly  of  this  State  should  exempt  the  said  site  or 
lot  and  building  from  city  and  other  taxes.     ***** 

Section  1.    That  whenever  the  Government  of  the  United  Ground  upon 
States  shall  complete  the  purchase  of  the  said  lot  of  ground  Post  office 
situate  at  the  southeast  corner  of  King  street,  the  boundaries  empted  from 
whereof  are  particularly  described  in  the  preamble  to  this  Act, 
the  same  togetlier  with  the  buildings  and  improvements  which 
may  thereafter  be  erected  thereon,  shall  not  be  subject  to  city, 
county  or  State  taxes,  but  the  same  shall  be  held  and  enjoyed 


486 


ACTS  OF  THE  GENERAIj  ASSEMBLY. 


by  the  United  States  for  the  purpose  aforesaid,  free  and  ex- 
empt from  all  manner  of  taxation  whatsoever. 

Passed  at  Dover,  February  10,  1853. 


17  D.  L.  605. 


Consent  of 
State  for 
purchase  by 
U.  S.  of  cer- 
tain lands  in 
Wilmington 
for  the  erec- 
tion of  pub- 
lic buildings. 


AN  ACT  granting  consent  of  the  State  of  Delaware  to  the  pur- 
chase hy  the  United  States  of  certain  lands  for  the  pur- 
pose of  the  erection  of  Government  Buildings  at  Wil- 
mington, and  ceding  jurisdiction  over  the  same. 

Section  1.  That  the  consent  of  the  State  of  Delaware  is 
hereby  given  to  the  purchase  by  the  United  States  of  one  or 
more  pieces  of  land  situated  in  the  City  of  Wilmington,  not 
exceeding  three  acres  in  quantity,  on  which  to  erect  Govern- 
ment Public  Buildings  for  the  accommodation  of  the  United 
States  Courts,  post-office  and  other  government  offices ;  and  the 
said  United  States  shall  have,  hold,  use,  occupy  and  own  the 
said  land  or  lands  when  purchased  and  exercise  jurisdiction 
and  control  over  the  same  and  every  part  thereof,  subject  to 
the  restrictions  hereinafter  mentioned. 


WTien  juris- 
diction to 

vest. 


Sec.  4.  That  the  jurisdiction  hereby  ceded  shall  not  vest 
until  the  United  States  shall  have  acquired  the  title  to  said 
land  or  lands  by  purchase  or  grant ;  and  so  long  as  the  said 
land  or  lands  shall  remain  the  property  of  the  said  United 
States  when  acquired  as  aforesaid,  and  no  longer,  the  same 
shall  be  and  continue  exonerated  from  all  taxes,  assessments 
and  other  charges  which  may  be  levied  or  imposed  under  the 
authority  of  this  State. 

Sec.  5.    That  this  Act  shall  take  effect  immediately. 
Passed  at  Dover,  April  10,  1885. 


AN  ACT  in  relation  to  puMic  schools. 


Sec.  16.    That  all  public  school  grounds  and  public  school 

scnoois  ex-  ^  °  ■      a  ^     ^^ 

empt  from     buildings  maintained  at  public  expense  within  this  State  shall 

all  taxation.    .  °  r-  i 


Public 
schools  ex- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  487 

be  exempt  (")  from  county,  town,  municipal,  water,  street  and 
sewer  and  all  other  taxes. 

(a)  Article  10,  Section  3,  of  the  Constitution  also  provides  "that 
all  real  and  personal  property  used  for  school  purposes,  where  the  tuition 
is  free,  shall  be  exempt  from  taxation  and  assessment  for  public  pur- 
poses. ' ' 

Lore,  C.  J.:  — "the  Court  have  reached  the  conclusion  that  as  the 
cases  stated  show  the  real  property  referred  to  therein 
is  being  used  for  school  purposes  where  the  tuition  is  free,  it  comes  with- 
in the  constitutional  exemption  (Sec.  3,  Art.  10,  Constitution  of  1897) 
and  is,  therefore,  exempt  from  taxation. ' ' 

Eettew  vs.  St.  Patrick's  Church,  4  Penn.  593  at  600.  (yr.  1902) 

Passed  at  Dover,  April  27,  1893. 


AX  ACT  to  classify  Real  Estate  for  the  purposes  of  Municipal  21  d.  l.  244. 
Taxation,  and  to  exempt  certain  lands  from  Municipal 
Taxation  within  the  City  of  Wilmi)igton. 


Section  1.    It  shall  be  the  duty  of  the  Board  of  Assess-  fjon^of^reai 
ment,  Revision  and  Appeals,  in  the  City  of  Wilmington,  as  at  estate, 
present  constituted,  immediately  after  the  annual  assessment 
is  made  in  each  year  for  city  and  school  purposes  in  said  city, 
to  classif}'-  the  real  estate  so  assessed  in  such  a  manner  as  to 
discriminate  between  the  rural, or  suburban,  and  built  up  por- 
tion of  said  city ;  and  they  are  hereby  required  to  certify  to  the  of^vaufation. 
Council  of  said  cit.y,  on  or  before  the  first  day  of  June  in  each 
year,  the  valuation  of  the  built  up  portions  and  the  valuation 
of  the  rural  or  suburban  property  respectively ;  and  it  shall  be 
the  duty  of  the  Council  in  determining-  the  rate  of  taxation  for  ^^^®  °^  *^^' 
each  year  to  levy  a  tax  upon  said  rural  or  suburban  property 
equal  to  one-half  of  the  highest  rate  of  tax  required  to  be 
levied  for  said  year;  so  that  upon  the  real  estate  assessed  in 
said  city  there  shall  be  two  rates  of  taxation.  («) 

(a) .  This  section  is  set  out  in  full  in  the  case  below  cited,  on  page 
221.  The  Court  held,  under  this  Act,  the  lowest  rate  of  taxation  was  one- 
half  the  full  rate,  and  all  other  acts  allowing  a  rate  less  than  one-half 
the  full  rate,  were  repealed. 

Spruance,  J.:  "The  Act  of  1898. in  making  a  general  classification 
of  real  estate  for  the  purposes  of  taxation,  fixed  the 
rate  of  tax  upon  rural  or  suburban  property  at  double  the  rate  allowed 
by  the  Act  of  1897  upon  property  of  tlie  same  character.  It  is  impos- 
sible to  believe  that  the  Legislature  in  passing  said  Act  of  1898  intended 
that  thereafter  proijerty  of  the  same  character  situate  in  different  parts 
of  the  city  should  be  taxable  at  different  rates.    We  are,  therefore,  of  the 


488 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


opinion  that  the  said  Act  of  1897  was  inconsistent  with  the  said  Act  of 
1898,  and  was,  as  such,  repealed  by  the  latter  Act. ' '     Act  of  1898. 
Monaghan  vs.  Lewis,  5  Penn.  218  at  223-4.  (yr.  1905) 
Monaghan  vs.  Lewis,  4  Penn.  364  at  365.    (yr.   1903)     Decision  by 
Lore,  C.  J. 

Appeals.  During  the  sittings  of  said  Board  of  Assessment,  Revision 

and  Appeals  in  the  month  of  April  of  each  year  any  person 
interested  shall  be  privileged  to  appeal  to  said  Board  as  to 
the  classification  of  any  real  estate  under  this  act  and  it  shall 
be  the  duty  of  said  Board  to  hear  such  appeal  and  to  deter- 
mine the  same  according  to  justice  and  right. 


Duty  of  Sec.  2.    It  shall  be  the  duty  of  the  Assessors  of  said  citv 

to  make  assessments  of  property  in  conformity  with  the  pro- 
visions of  this  act  and  to  designate  on  their  respective  assess- 
ment lists  the  class  in  which  such  property  shall  be  rated. 

Exemption  Sec.  3.    That  all  marsli  and  meadow  lands  within  the 

and  meadow,  limits  of  the  City  of  Wilmington  that  are  protected  from  over- 
flow by  the  tides  by  banks  at  the  expense  of  the  owners  there- 
of, whereon  no  houses  or  buildings  are  erected,  be  and  the  same 
are  hereby  declared  to  be  exempt  from  all  taxes,  assessments, 
burdens  or  impositions  whatsoever  for  municipal  purposes. 


Marsh  and 
•meadow 
filled  in 
exempted. 


Sec.  4.  That  any  marsh  or  meadow  land,  as  aforesaid 
which  has  been  filled  in,  or  which  may  hereafter  be  filled  in  or 
raised  above  highwater,  so  as  to  become  high  and  fast  land; 
the  expense  of  the  same  being  borne  by  the  owner,  shall  be  ex- 
empt from  all  taxes,  assessments,  burdens  or  impositions  what- 
soever for  municipal  purposes  for  a  period  of  ten  years  from 
the  time  said  lands  become  high  and  fast  lands. 


meadow"on  '^^c.  5.     That  any  marsh  or  meadow  land,  as  aforesaid 

factm-in'l^es-  ^po^  wliich  any  manufacturing  establishment  or  industrial 
l^'^ji^^hment  improvement,  for  the  employment  of  labor,  («)  shall  be  erected 
exempt.  after  the  passage  of  this  act  shall  for  a  period  of  ten  years 

after  the  same  shall  be  erected,  be  exempt  from  all  taxes,  bur- 
dens, assessments  or  impositions  whatsoever  for  municipal  pur- 
poses. 

(fl)   The  object  of  the  above  section  is  to  encourage  the  erection  and 


ACTS  OF  THE  GENERAL  ASSEMBLY.  489 

operation  of  mauufacturing  plants;  and  insolvency  of  the  same  does  not 
necessarily  terminate  the  exemption. 

In  the  case  belo\Y  cited,  the  language  was  as  follows: 

' '  A  provision  of  the  Charter  of  the  town  of  Newark  contained  the 
following  provision :  ' '  All  manufacturing  j^lants  now,  or  hereafter,  es- 
tablished within  the  limits  of  said  town,  emijloying  ten  or  more  employees, 
shall  be  exempt  from  town  taxation  for  the  term  of  ten  years. "  18  1).  L. 
Ch.  175,  Sec.  31.  (p.  162).  The  following,  bearing  upon  the  same,  is 
taken  from  the  syllabus: 

' '  An  exemption  from  taxation  of  a  manufacturing  plant  is  not  ter- 
minated by  the  insolvency  of  the  company  owning  it,  and  the  appointment 
of  a  receiver,  and  a  judicial  sale  to  a  purchaser  who  makes  an  effort  to 
keep  within  the  lines  prescribed.  There  must  be  an  actual  abandonment 
of  the  works  for  manufacturing  puri^oses. "    (159) 

Lore,  C.  J.:  "  The  plant  has  been  devoted  to  manufacturing  pur- 
poses only,  and  is  not  shown  to  have  been  used  for  any 
other  purpose.  The  suspension  of  work  in  the  plant  was  by  reason  of 
want  of  funds  to  carry  on  the  business. ' ' 

Bradford  vs.  Mote,  2  Marv.  159  at  165.  (yr.  1895) 

Sec.  6.    That  any  marsh  or  meadow  land,  as  aforesaid  or  Exemption 
'where  the  same  has  been  filled  in  or  raised,  as  aforesaid,  so  as  and'meadow 
to  become  fast  and  high  land,  upon  which  any  manufacturing  mlnJfactur- 
establishment  or  industrial  improvement,  for  the  employment  lighments." 
of  labor  has  been  erected  within  two  years  prior  to  the  passage 
of  this  act,  or  which  may  hereafter  («)  be  erected,  shall,  for  a 
period  of  ten  years  after  the  passage  of  this  act,  be  exempt 
from  all  taxes,  assessments,  burdens  or  impositions  whatsoever 
for  municipal  purposes. 

Sec.  7.  That  all  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act,  be  and  the  same  are  hereby  repealed, 
and  especially  an  act  passed  at  the  present  session  of  the  Gen- 
eral Assembly  entitled  "An  Act  to  classify  certain  lands  with- 
in the  City  of  Wilmington  for  the  purposes  of  Municipal  Tax- 
ation. ' ' 

Approved  May  20,  A.  D.  1898. 


AN  ACT  to  amend  an  Act  entitled  ''An  Act  to  revise  and  con-  22  d.  l.  843. 
solidate  the  Statutes  relating  to  the  City  of  Wilmington/' 
being  Chapter  207,  Volume  17,  Laws  of  Delaware,  exempt- 
ing from  taxation  the  lands  and  tenements  of  all  Chari- 
table Homes  for  Incurables. 


490 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Charitable 
institutions 
of  value  of 
$15,000  ex- 
empt from 
taxation. 


Section  1.  That  all  lands  and  tenements  to  the  value  of 
Fifteen  thousand  dollars  owned  by  any  corporation  («)  or  as- 
sociation, which  are  used  wholly  or  in  part  for  Charitable 
Homes  for  Incurables,  shall  be  and  the  same  are  hereby  de- 
clared to  be  exempt  from  all  taxes,  assessments,  burdens  or  im- 
positions for  municipal  purposes. 

Approved  April  7,  A.  D.  1903. 

(a)  This  Act,  it  mil  be  noticed,  reads,  "any  corporation"  used  for 
such  Tvork,  shall  be  exempt.  The  few  acts  following  this  one  contain 
similar  language.  This  general  phraseology  brings  this  Act  (and  others 
of  similar  language),  within  the  general  exemption  clause  of  the  Constitu- 
tion, thus  making  it,  and  them,  valid.     This  clause  is  as  follows: 

— ' '  but  the  General  Assembly  may,  by  general  laws,  exempt  from 
taxation  such  property  as  in  the  opinion  of  the  General  Assembly  will 
best  promote  the  general  welfare."  Art.  VIII,  Sec.  1,  Constitution  1897. 
Prior  to  the  Constitution  of  1897,  the  exemptions  were,  practically,  all 
special  exemptions,  and  the  Constitution  of  1897,  proprio  vigore,  repealed 
them. 

Sayers  vs.  W.  &  N.  E.  R.  Co.,  3  Penn.  249  at  258.  (yr.  1901) 
Monaghan  vs.  Lewis,  5  Penn.  218  at  224.   (yr.  1905) 
In  the  Monaghan  case  the  Court  said  at  p.  224:  , 

Spruance,  J.:      "  The  said   provision  of  the   Constitution  was   self - 
executing,  and  proprio  vigore  annulled  the  said  Act 
of  1897,  which  was  inconsistent  and  in  direct  conflict  with  the  said  pro- 
vision,"   (viz:   Art.  8,  Sec.   1),  meaning  that  the  Constitution  itself  re- 
pealed all  special  exemi>tion  Acts. 


22  D.  L.  S44. 


AN  ACT  to  amend  an  Act  entitled  ''An  Act  to  revise  and  con- 
solidate the  Statutes  relating  to  the  City  of  Wilmington," 
being  Chapter  207,  Volume  17,  Laws  of  Delaware,  ex- 
empting from  taxation  the  lands  and  tenements  of  Chari- 
table Homes  and  Homes  of  Refuge  for  Reformed  Women. 


Exemption  SECTION  1.    That  the  lands,  tenements  and  property  not 

from  taxa-  '  x-      x         ^ 

^^P^  9^ , ,        exceedino-  in  value  in  anv  one  instance  the  sum  of  twenty-five 

charitable  o  ^  ^ 

institutions    thousaud  dollars,  of  all  incorporated  homes  or  houses  of  refuge 

for  reformed  '  '■  -rrr-i 

women.  for  reformed  women,  maintained  in  the  said  City  of  Wilming- 

ton by  charity,  shall  be  exempt  from  all  municipal  taxation, 
both  as  to  city  and  school  taxes. 


Sec.  2.     All  acts  or  parts  of  acts  inconsistent  herewith 
are  hereby  repealed. 

Approved  March  24,  A.  D.  1903. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  491 

AX  ACT  to  amend  an  Act  entitled  '^ A)i  Act  to  revise  and  con-  ^^  ^-  ^-  ^^^• 
solidate  the  Statutes  relating  to  the  City  of  Wilmington," 
'being  Chapter  207,  Volume  17,  Laws  of  Delaware,  ex- 
empting from  municipal  taxation  the  lands  and  tenements 
of  all  Charitable  Day  Nurseries  for  Bahies. 


Section  1.    That  all  lands  and  tenements  to  the  value  of  fenairchar- 
twenty-five  thousand  dollars  owned  by  any  corporation  or  as-  f^t^on'ex-' 
soeiation  maintained  by  charity  which  are  used  wholly  or  in  t^^tion"^ 
part  as  Day  Nurseries  for  Babies,  shall  be  and  the  same  are 
hereby  declared  to  be  exempt  from  taxes,  assessments,  burdens 
or  impositions  whatsoever  for  municipal  purposes. 

Sec.  2.    All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Approved  I\Iarch  9,  A.  D.  1905. 


AN  ACT  to  amend  an  Act  entitled  "An  Act  to  revise  and  con-  23  d.  l.  272. 
solidate  the  Statutes  relating  to  the  City  of  Wilmington," 
being  Chapter  207,  Volume  17,  Laws  of  Delaware,  ex- 
empting from  taxation  for  municipal  purposes,  the  lands 
and  tenements  of  all  non-sectarian  Charitable  Young 
Women's  Christian  Associations. 


Section  1.  That  lands  and  tenements  of  the  value  of  twen-  property  of 
ty-five  thousand  dollars,  owned  by  any  corporation  or  associa-  charitable 
tion  maintained  by  charity  in  this  State,  which  are  used  in  exempt  from 
whole  or  in  part  for  non-sectarian  Charitable  Young  Women's 
Christian  Association,  shall  be  and  the  same  are  hereby  de- 
clared to  be  exempt  from  all  taxes,  assessments,  burdens  or  im- 
positions for  municipal  purposes. 

Sec.  2.     All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed. 

Approved  March  9,  A.  D.  1905. 


492  ACTS  OF  THE  GENERAL  ASSEMBLY. 

AN  ACT  to  Exempt  from  Taxation  the  Lands,  Tenements  and 
Property  of  Corporations  Organized  for  the  Purpose  of 
Carrying  on  "Settlement  ^¥orh." 


Exemption  SECTION  1.    That  the  lancls,  tenements  and  property  of  all 

tion.  "  corporations  of  this  State,  incorporated,  organized  and  carried 
on  for  the  purpose  of  ' '  Settlement  Work, ' '  and  maintained  in 
whole  or  in  part  by  charity,  shall  be  exempt  from  any  and  all 
county  and  municipal  taxes,  during  such  time  and  to  the  ex- 
tent that  such  lands,  tenements  and  property  shall  be  actually 
used  («)  by  such  corporations  in  such  "Settlement  Work, "  pro- 
vided that  said  exemption  shall  not  apply  to  any  lands,  tene- 
ments and  property  owned  by  such  corporations  as  invest- 
ments and  not  actually  used  by  such  corporations  in  such 
"Settlement  Work." 

Approved  April  15,  A.  D.  1909. 

(a)  The  phrase  here  used  is:  "actually  used."  The  intent  of  all 
exemption  acts  is,  that  the  exemption  shall  last  only  while  the  lands  or 
buildings  are  being  used  for  the  jjurpose  for  which  exemption  was 
granted,  but  insolvency  does  not,  in  itself,  end  the  exemption.  See  Sec. 
5,  "  a, "  p.  489  this  volume. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  493 


CHAPTER   XV. 

ACTS  IN  RELATION  TO  CITY  RAILWAYS. 

Page  Page 

1.  Act  Incorporating  the  Wil-  j  5.  Act  Incorporating  the 
mington  City  Railway  '  Eighth  Street  Passenger 
Company   493  Railway    Company    504 

2.  Act  Supplementary  to  6.  Act  Prohibiting  Railway 
Foregoing    Act    498  Tracks     on      Ninth      Street 

3.  Act         Incorporating         the  West  of  Market   508 

Front     and      Union     Street  7.  Act      Prohibiting      Railway 

Railway    Company    498  Tracks     on     Tenth     Street 

4.  Act        Supplementary        to  ]  West   of   West   Street 509 

Foregoing    Act    504    [ 

AN  ACT  to  incorporate  the  Wilmington  City  Railway  Com- 12  d.  l.  426. 
pany. 


Sec.  7.  («)    It  shall  be  the  business  of  the  said  corporation  to  company  au- 
locate,  construct,  operate  and  maintain  a  city  railway  (^)  for  construct 

„  T    f.      •    1  ,   f  J.-  ■j.-u-      and  maintain 

the  carnage  of  passengers  and  freight  tor  compensation  withm  city  railway. 
the  City  of  Wilmington,  with  the  privilege  also  of  extending 
such  railw^ay  to  any  place  or  places  outside  of  the  city,  not 
more  than  six  miles  distant  from  the  city  limits.    The  said  cor- 
poration shall  have  the  exclusive  (<')  right  and  privilege  of  lo- commence, 
eating,  constructing,  operating  and  maintaining  a  city  railway 
within  the  city  limits.  ( ^ )    The  said  railway  shall  commence  near  course. 
the  depot  at  the  Philadelphia,  Wilmington  and  Baltimore  Rail- 
road Company,  and  thence,  shall  extend  to  the  intersection  of 
Front  street  and  ]\Iarket  street  (^)  by  the  street  or  streets  most 
directly  leading  thereto;  thence,  through  and  along  ]\Iarket 
street  to  its  intersection  with  Tenth  street;  thence,  through 


Note. — The  articles   of   incorporation  of  railway  companies   under  the 
provisions  of  the  General  Incorporation  Act  are  not  included  herein. 


494  ACTS  OF  THE  GENERAL  ASSEMBLY. 

and  along  Tenth  street  and  Delaware  avenne  to  such  place  or 
places  as  the  directors  may  select  either  within  or  without  the 
city,  not  being  more  than  six  miles  distant  from  the  city  limits. 
The  railway,  or  any  part  of  the  same  to  be  constructed  under 
Terminus.      ^^^^  sectiou,  may  be  laid  with  either  a  single  or  double  track, 
double  °^        or  at  any  time  altered  from  the  one  to  the  other  as  the  direc- 
track.  |-Qj.g   shall  deem   expedient,   and  with   all  sidings,   turnouts, 

switches  and  connections  necessary  for  the  proper  working  of 
said  railway,  and  for  locating,  constructing,  operating  and 
Power  to  use  maintaining  the  said  railway  the  company  shall  have  power 
stree°ts°"^^    to  usc  and  occupy  so  much  of  any  street,  avenue,  highw^ay  or 
turnpike  within  said  city  as  may  be  necessary,  and  for  locat- 
ing, constructing,  operating  and  maintaining  any  part  of  said 
railway  outside  of  the  city  limits  the  company  may  use  and 
Public  roads,  ogg^^py  gj^y  public  road  of  New  Castle  County,  or  if  deemed 
other  land,     expedient  by  the  directors,  may  use  and  occupy  any  land  other 
than  a  public  road,  the  title  to  such  land  being  first  acquired' 
Pro\  ISO.         ^g  hereinafter  directed ;  provided,  that  the  gauge  of  said  rail- 
Guage  of        ^^'^J  shall  be  five  feet  two  inches,  and  that  said  railway  shall 
the  road.       ^^  conformed  as  near  as  may  be  to  the  grades  which  now  are 
How  con-       or  hereafter  may  be  established  for  any  street  over  which  the 
structed.  •      gaj^g  shall  be  located ;  and  provided  also,  that  the  said  com- 
pany- shall  be  required  to  keep  the  pavements  in  good  repair 
within  the  rails  of  their  tracks,  and  for  the  distance  of  three 
feet  on  each  side  thereof,    and   shall   not   interfere  with  the 
proper  and  free  access  to  the  culverts,  water  and  gas  pipes  in 
steam  power  the  Said  city ;  and  provided  also,  that  steam  power  shall  not  be 
used  without  used  to  propel  the  cars  of  the  said  company  unless  with  the 
City  Council,  couseut  of  the  City  Council  (/)  and  that  in  order  to  prevent 
accidents  suitable  bells  shall  be  attached  to  the  horses  drawing 
the  cars.     The  said  railway  may  cross  any  track  of  any  rail- 
road company  {9)  now  incorporated  or  hereafter  to  be  incor- 
porated ;  provided,  that  it  conform  to  the  grade  of  the  track  to 
be  crossed. 

(a)   This  section  is  set  out  verbatim,  and  discussed  in  the  case  of 
Wil.  C.  Ey.  Co.  vs.  Wil.  &  B.  S.  Ky.  Co.,  8  Del.  Ch.  468  at  488,  511, 
513.    (yr.   1900) 

(&)   Nicholson,   Ch.:      "It  would   seem  that   when   the  broad   term 

' '  city   railway ' '   is   used,   the   term   must   be 

taken  to  mean  only  what  is  essential  to  the  definition  of  the  term,  and 

obviously  no  particular  motive  power  is  essential.     *     *     When  no  kind 


ACTS  OF  THE  GENERAL  ASSEMBLY.  495 

of  motive  power  is  mentioned,  it  sliould  be  taken  to  indicate  that  tlie  Leg- 
islature means  what  it  says,  "a  city  railway,"  however  propelled, 
whether  by  powers  then  familiar,  or  those  they  knew  not  of. ' ' 

Wil.  C.  Ey.  Co.  vs.  Wil.  &  B.  S.  By.  Co.,  8  Del.  Ch.  468  at  514.  (yr. 
1900) 

(c)   Nicholson,  C.  J.:     "In  view  of  all  these  considerations,  I  am  led 

to   the  conclusion  that  the  complainant   does 

possess,  under  its  charter,  the  exclusive  right  and  privilege  of  locating, 

constructing,  operating  and  maintaining  a  city  railway  within  the  city 

limits."  id.  at  515. 

The  Chancellor  held,  however,  that  the  ' '  power  of  revocation ' '  re- 
served in  the  Constitution  of  1831  became  a  part  of  the  charter  of  the 
Wil.  C.  Ey.  Co.,  and  the  Legislature  could  exert  the  power  at  any  time 
({).  494)  ;  and  the  granting  to  another  company  of  the  right  to  use  the 
streets  of  Wilmington  for  a  street  railway,  was  a  revocation,  protanto,  of 
said  exclusive  right.    (501-2) 

And  under  the  general  corporation  Act,  the  ' '  exclusive  right ' '  above 
mentioned,  is  practically  a  nullity. 

See  Wil.  C.  Ey.  Co.  vs.  Peoples  Ey.  Co.,  to  be  reported  in  9  Del.  Ch. 
(Decided  by  Nicholson,  Ch.) 

{d)    See  note   "e"   below. 

(e)  The  Chancellor  quotes  the  language  of  notes  "d"  and  "c"  and 
says : 

Nicholson,  Ch. :      "To  my  mind,  these  two  clauses,  taken  together, 

can  be  fairly  construed  into  no  other  meaning  than 

that,  on  the  one  hand,  a  monopoly  to  build  within  the  city  was  granted, 

but  on  the  other,  the  right  to  build  was  limited  to  the  route  indicated." 

(512) 

(/)  The  contention  was  made  that  the  reference  to  ' '  steam  power ' ' 
and  ' '  bells, ' '  excluded  an  electric  railway ;  but  the  Chancellor  held  other- 
wise.   (515) 

(g)   See  the  cases  of 

P.,  W.  &  B.  E.  E.  Co.  vs.  Wil.  C.  Ev.  Co.,  8  Del.  Ch.  134.   (yr.  1897) 

N.  C.  &  D.  C.  Ey.  Co.  vs.  Del.  E.  E.'Co.,  8  Del.  Ch.  419.  (yr.  1899) 

Sec.  8.  («)     The  said  corporation  shall  at  any  time  have  full  ^g^o^a™  d^ 
power  to  locate,  alter  and  extend  its  tracks  through  and  along  on  any  street 

^  '  ^  ^  or  roaa  in 

any  streets,  avenues,  highways  and  turnpikes  in  the  City  of  ^rfj^j*/  °l^ 
AVilmington;  provided,  that  the  consent  of  the  Council  (^)  of  proviso, 
the  said  citv  shall  first  be  obtained  so  to  do.    And  the  said  cor- 

•  1  p    11  j^     T         J.         ij.  J  Consent  of 

poration  shall  at  any  time  have  lull  power  to  locate,  alter  and  city  council 
extend  its  tracks  from  said  city  to  any  place  or  places  outside  tained. 
of  the  city,  not  more  than  six  miles  distant  from  the  oMy  lim-  May  extend 
its.    And  with  respect  to  any  railway  which  may  hereafter  be  side  of  city. 
located  and  constructed  under  the  provisions  of  this  section, 
the  said  corporation  shall  have  and  exercise  all  the  rights  and 
privileges  and  be  subject  to  all  the  duties  and  responsibilities 
which  shall  belong  to  or  devolve  upon  the  said  corporation 
with  respect  to   the   railway  to  be   originally   located,   con- 


496  ACTS   OF  THE   GENERAL  ASSEMBLY. 

structed,  operated  and  maintained  under  the  provisions  of  this 
Act. 

(a)   This  section  is  set  out  verbatim  in  the  case  of 
Wil.  C.  Ey.  Co.  vs.  Wil.  &  B.  S.  Ey.    Co.,    8    Del.    Ch.    468    at    489. 
(yr.  1900) 

(6)  Nicholson,  Ch.:  "Xext  in  Section  8  -nas  granted  a  privilege  to 
build  anywhere  within  the  city,  subject,  how- 
ever, to  the  condition  of  first  obtaining  the  consent  of  the  Council  of  the 
city,  and  with  respect  to  any  railways  to  be  constructed  under  Section  8, 
the  same  rights  and  privileges  were  conferred  as  existed  with  respect  to 
the  first  described  railway,"  &c.,  viz  in  Sec.  7  id.   (512) 

Lands,  how  Sec.  9.     Whenever  it  shall  be  deemed  by  the  directors, 

condemned.  HGcessary  to  enter  upon  and  occupy  any  lands,  tenements  or 
hereditaments  for  the  use  of  said  corporation,  if  the  owner  or 
owners  of  such  lands,  tenements  or  hereditaments  be  not 
known,  or  be  under  the  age  of  twenty-one  years,  or  if  the  di- 
rectors and  such  owner  or  owmers  cannot  agree  upon  the  com- 
pensation to  be  made  therefor,  the  Superior  Court  for  New 
Castle  County,  in  term  time,  or  any  judge  of  the  same,  in  va- 
cation, shall,  upon  application  by  the  company,  appoint  five 
commissioners,  ( who  shall  be  freeholders, )  who  shall  go  upon  the 
premises,  («)  first  giving  notice  of  the  time  and  place  of  their 
meeting  to  the  president  of  the  company,  and  to  the  owner  or 
owners  of  the  premises,  if  residing  within  the  county,  other- 
wise such  notice  shall  be  given  to  the  tenant  in  possession  of 
the  premises.     The  commissioners  being  sworn  or  affirmed  to 

Commission-  .  .  .  . 

ers  to  assess  perform  their  duties  with  fidelitv,  shall  assess  fairly  and  im- 

damages.  '  . 

partially  the  damages  of  such  owner  or  owners  to  be  sustained 
by  the  premises  being  taken  for  the  use  of  the  company,  taking 
into  consideration  all  the  advantages  to  be  derived  to  the 
owner  or  owners  by  reason  of  said  railway,  and  shall  certify 
their  proceedings,  with  their  assessment,  under  their  hands 
and  seals,  or  the  hands  and  seals  of  a  majority  of  them  to  the 
company;  whereupon  the  said  company,  upon  recording  the 
same  in  the  oi^ce  for  recording  deeds  in  and  for  New  Castle 
County,  and  paying  to  the  owner  or  owners  of  the  premises 
the  damages  a.ssessed  as  aforesaid,  or  depositing  the  same  to 
the  credit  of  such  owner  or  owners  in  the  Farmers'  Bank  of 
the  State  of  Delaware,  at  Wilmington,  shall  become  entitled 
to  hold,  use,  occupy  and  enjoy  the  said  premises,  exclusively, 
Proviso.         ^Q  -^^  -^g  successors  and  assigns  forever.    Provided,  that  either 


ACTS  OF  THE  GENERAL  ASSEMBLY.  497 

party  being  dissatisfied  with  the  damages  so  assessed,  may,  on 
application  to  the  Prothonotary  of  New  Castle  County,  within 
ninety  days  after  such  assessment  shall  have  been  recorded  as 
aforesaid,  sue  out  a  writ  of  ad  quod  damnum  requiring  the  damnum. 
Sheriff  of  said  county,  in  the  usual  form,  to  inquire,  by  twelve 
impartial  men  of  his  bailiwick,  under  oath  or  ai^rmation,  of 
the  damages  aforesaid.  The  assessment  of  the  jury  duly  made 
and  returned  by  the  Sheriff  shall  be  final.  If  increased  dam- 
ages are  found  by  the  jury,  the  increased  amount  shall  be  paid 
or  deposited  hj  the  company  as  before  provided;  and  if  the 
damages  be  reduced,  the  owner  shall  refund  the  amount  dimin- 
ished. The  costs  of  the  inquisition  shall  be  paid  by  the  unsuc- 
cessful party.  The  fee  of  a  commissioner  shall  be  one  dollar 
per  day,  to  be  paid  by  the  company,  and  of  a  juror,  one  dollar  tion  of  com- 
and  fifty  cents.  The  works  of  said  company  shall  not  be  de-  "^i^^'°"®^^- 
layed  by  such  application  for  a  w^rit  of  ad  quod  damni^m,  but 
upon  payment  or  deposit  as  hereinbefore  provided,  of  the  dam- 
ages awarded  by  commissioners,  the  title  of  the  company  to  Title, 
enter  upon,  use,  occupy  and  enjoy  the  premises  inquired  of, 
and  to  hold  the  same  to  it,  its  successors  and  assigns,  shall  be- 
come vested  and  perfect. 


(a)  For  tlie  construction  of  a  similar  clause  relative  to  the  condemn- 
ing of  land  for  street  railway  purposes,  see  Sec.  8,  "a,"  pp.  501-2  of  this 
volume. 

See  Cooper  vs.  D.  G.  E.  Ey.  Co.,  8  Del.  Ch.  462.  (yr.  1900) 

Sec.  10.    If  any  person  or  persons  shall  willfully  damage 
or  obstruct  the  said  railway  or  any  part  thereof,  or  hinder  or 
delay  the  building  of  the  same,  or  hinder  or  delay  the  passage 
of  cars  over  the  same,  or  damage  any  of  the  works  or  property  penalty  for 
of  said  company,  such  person  or  persons  shall  be  liable  to  the  obstructhig'' 
company  in  a  civil  action  for  double  the  damages  sustained,  '■'^^^^^^• 
and  shall  moreover  be  guilty  of  a  misdemeanor,  and  on  indict- 
ment and  conviction  thereof  shall  be  fined  not  exceeding  three 
hundred  dollars,  at  the  discretion  of  the  court. 

Sec.  11.     This  charter  shall  be  perpetual,  subject,  never-  charter 
theless,  to  be  revoked  by  the  Legislature,  at  any  time,  for  the  perpetual. 


498 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


revocation     i^^isiise  01'  abiise,   by  the   company,   of  the   privileges  herein 


for  misuse       granted, 
or  abuse.  ° 


Passed  at  Dover,  February  4,  1864. 


19  D.  L.  374.  A  FURTHER  SUPPLEMENT  to  an  Act  entitled  ''An  Act  to 
Incorporate  the  Wilmington  City  Railway  Company," 
passed  at  Dover,  Fehruary  4,  1864. 


Proviso. 


Consent  of 
authorities. 


Paving. 


Restriction 
as  to  fares. 


Sec.  3.  Provided,  that  the  Wilmington  City  Railway 
Company  shall  not  enter  upon  any  streets  or  roads  to  lay 
tracks  or  erect  wires  or  poles  without  the  consent  of  the  duly 
authorized  authorities  of  the  city  (<^)  or  county,  as  the  case  may 
be,  and  that  the  said  company  shall  be  required  to  pave  within 
the  rails  of  their  tracks  and  for  the  distance  of  three  feet  on 
either  side  thereof,  and  keep  the  same  in  good  repair ;  and  shall 
not  interfere  with  the  proper  and  free  access  to  the  culverts, 
water,  gas,  and  other  pipes  for  the  public  use  in  the  said  city ; 
and  the  said  company  shall  not  at  any  time  be  allowed  to 
charge  a  greater  amount  than  five  cents  (^)  for  any  one  fare  or 
ticket  or  ride  in  their  cars  throughout  the  said  city. 

Passed  at  Dover,  March  26,  1891. 

(a)   The  Street  and  Sewer  Department. 

(6)  See  P.,  W.  &  B.  K.  E.  Co.  vs.  Bowers,  4  Houst.  506  at  534.  (yr. 
1873) 

Wil.  C.  Ey.  €o.  vs.  Wil.  &  B.  S.  Ey.  Co.,  8  Del.  Ch.  468  at  500.  (yr. 
1900) 


15  D.  L.  505.    AN  ACT  to  incorporate  the  Front  and  Union  Street  Railway 
Company. 


19  D.  L.  375. 


[Sec.  7.     It  shall  be  the  business  of  said  corporation  to 

to^bmid  an^  locatc,  coustruct,  Operate,  and  maintain  a  city  railway  for  the 

carriage  of  passengers  and  freight  for  compensation  within  the 

City  of  Wilmington,  with  the  privilege  also  of  extending  such 

railway  to  any  place  or  places  outside  of  said  city,  to  the  dis- 


maintain 
city  railway 


ACTS  OF  THE  GENERAL  ASSEMBLY.  499 

tance  of  not  more  than  six  miles  beyond  the  city  limits,  and 
the  carriages  or  cars  of  said  railway  ma}'^  be  moved  or  pro- 
pelled by  horses,  by  electricity,  by  cable  motor,  or  by  any  im- 
proved motive  power,  except  steam,  which  said  company  may  ^ower. 
in  its  discretion  at  any  time  adopt,  the  right  being  hereby 
given  said  company  to  erect,  construct,  operate,  and  maintain 
such  devices,  contrivances,  machinery  and  appliances  as  are 
necessary  to  render  the  said  motive  power  effective  in  moving 
or  propelling  the  carriages,  cars,  or  other  rolling  stock  of  said 
company. 

The  said  railway  shall  commence  at  or  near  the  intersec-  m*e™ro^f^cUy 
tion  of  IMarket  and  Front  streets,  and  shall  extend  in  a  west-  JocLTk)n'.  ^"*^ 
erly  course  along  Front  street,  and  connecting  streets,  to  such 
place  or  places  as  the  directors  of  said  company  shall  select, 
•either  within  or  without  the  city  limits;  provided  said  place 
so  selected  be  not  more  than  six  miles  distant  beyond  the  city  course  of 
limits.  From  the  westerly  course  of  said  railway  above  desig-  '^^'^'^^y- 
nated,  said  railway  shall  extend  northerly  along  Union,  Du- 
Pont  and  Broome  streets,  or  either  of  them,  and  connecting 
streets,  to  a  point  not  more  than  six  miles  beyond  the  northerly 
limits  of  the  city;  and  provided  further,  that  for  the  purposes 
aforesaid  no  streets  shall  be  occupied  by  said  Front  and  Union 
Street  Railway  Company  where  occupied  by  the  Wilmington 
City  Railwaj^  Company-,  or  where  proposed  extensions  of  the 
lines  of  said  last  named  company  have  been  already  consented 
to  by  the  Street  and  Sewer  Directors  of  Wilmington.  The  said 
raihvay,  commencing  at  or  near  the  intersection  of  Market  and 
Front  streets,  aforesaid,  shall  extend  easterly  from  said  point 
along  Front  street,  past  the  Philadelphia,  Wilmington  and 
Baltimore  Railroad  Depot,  to  Walnut  street ;  thence  by  Wal- 
nut street  to  Fifth  street ;  thence  by  Fifth  street  to  Church 
street,  and  thence  thereby  to  Eleventh  street,  and  thence  by 
Eleventh  street,  or  by  other  streets  connecting  therewith,  to  a 
point  or  points  not  more  than  six  miles  beyond  the  easterly  or 
northerly  boundary  lines  of  the  city.  («) 

(a)   This  section  is  set  out  in  the  case  of 

Petit.  Front  &  Union  St.  Ey.,  1  Penn.  370-371.   (yr.  1898) 

The  said  the  Front  and  Union  Street  Railway  Company  Privileges 
shall  have  the  privilege,  if  it  so  desires,   of  running  over  the  °^  company. 


5'00 


ACTS  OF  THE   GENERAL  ASSEMBLY. 


Proviso. 


Contracts 
respecting 
use  of 
power,  etc. 


Proviso. 


tracks  of  the  Wilmington  City  Railway  Company  from  Market 
street  to  the  side  of  Walnut  street  upon  receiving  the  permis- 
sion of  the  said  Wilmington  City  Railway  Company  and  pay- 
ing the  said  last  mentioned  company  an  equitable  compensa- 
tion for  such  use  of  said  tracks;  provided,  however,  that  no 
rights  shall  be  acquired  or  claimed  to  use  or  occupy  the  tracks 
of  said  Wilmington  City  Railway  Company  or  streets  through, 
over  or  along  which  its  railway  shall  be  operated,  except  by 
-contract  and  agreement  of  the  two  companies,  but  the  said 
Front  and  Union  Street  Railway  Company  and  said  Wilming- 
ton City  Railway  Company  may  enter  into  such  contracts  and 
agreements  respecting  the  use,  occupation,  maintenance  and 
operation  and  furnishing  power,  equipment  and  appliances  of 
their  respective  lines  and  properties,  and  the  transfer  of  pas- 
sengers, as  shall  be  mutually  satisfactory  and  agreed  upon; 
and  provided  further,  that  in  case  no  agreement  can  be  reached 
between  said  companies  allowing  the  Front  and  Union  Street 
Railway  Company  to  use  the  tracks  of  said  Wilmington  City 
Railway  Company  along  Front  street  from  Market  street  to 
Walnut  street,  then  said  Front  and  Union  Street  Railway 
Company  may  extend  its  tracks  northerly  from  Front  street 
by  either  Orange  street  or  Shipley  street  to  either  Second 
street  or  Third  street,  and  thence  along  either  of  said  last 
named  streets  to  Walnut  street,  and  thence  northerly  as  afore- 
said. 

Track  of  The  railway  or  any  part  of  the  same  to  be  constructed 

under  this  section  may  be  laid  with  a  single  or  double  track, 
and  the  same  may  at  any  time  be  altered  from  the  one  to  the 
other  as  the  directors  shall  deem  expedient,  and  it  may  be  laid, 
located,  constructed,  operated  and  maintained  with  all  sidings, 

Equipments,  turnouts,  switclies,  polcs,  wircs,  cables,  chains,  devices,  con- 
trivances, machinery  and  appliances  necessary  in  the  judg- 
ment of  said  directors  for  the  proper  working  of  said  railway, 
and  for  the  purposes  of  locating,  constructing,  operating  and 
maintaining  the  said  railway  with  all  its  sidings,  turnouts, 
switches,  poles,  wires,  cables,  chains,  devices,  contrivances,  ma- 
chinery and  appliances  as  aforesaid  the  said  company  shall 
have  power  to  use  and  occupy  so  much  of  any  street,  avenue, 
highway  or  turnpike  within  said  city  as  may  be  necessary,  and 


ACTS  OF  THE  GENERAL  ASSEMBLY.  ,      501 

if  an}'  part  of  said  railwaj'  extends  beyond  the  city  limits  the 
company  may,  for  the  purposes  aforesaid,  use  and  occupy  any 
public  road  of  New  Castle  County,  or  if  deemed  expedient  by 
the  directors,  may  for  the  purposes  aforesaid  use  and  occupy 
any  land  other  than  a  public  road,  the  title  to  said  land  being- 
first  acquired  as  hereinafter  directed  ;provided,  that  said  rail- 
way shall  be  conformed  as  near  as  may  be  to  the  grades  which  Gra*ies. 
now  are  or  hereafter  may  be  established  for  any  street  over 
which  the  same  shall  be  located  and  shall  not  interfere  with  the  " 
proper  and  free  access  to  the  culverts,  water  and  gas  pipes  in 
said  city.     The  said  railway  may  cross  any  track  of  any  rail-  crossing 
road  company  now  incorporated  or  which  hereafter  may  be  in-  rLnway  com- 
corporated,  whether  the  same  is  a  steam  railway,  horse  raihvay  i^^"^®^- 
or  a  railway   of   any   other   description ;  provided,  that  if  it 
crosses  said  track  at  grade  it  conform  to  the  grade  of  the  track 
to  be  crossed,  but  nothing  herein  contained  shall  prevent  said 
company  from  erecting,  constructing,  operating  and  maintain- 
ing either  overgra;de  or  undergrade  crossings  where  in  the  dis- 
cretion of  its  directors  it  may  be  deemed  advisable.] 

Sec.  8.  ..[Whenever  it  shall  be  deemed  by  the  directors  ^g  j^  ^  375 
necessary  to  enter  upon  and  occupy  any  lands,  tenements  or 
hereditaments  (for  the  use  of  said  corporation)  if  the  owner 
or  owners  of  such  lands,  tenements  or  hereditaments  be  not 
known,  or  be  under  the  age  of  twenty-one  years,  or  if  the  di- 
rectors and  such  owner  or  owners  cannot  agree  upon  the  com-  commission- 
ers to  vievi 
lands  and 
assess 
damages. 

tion,  shall,  upon  application  by  the  company,  appoint,  subject 
to  the  limitations  hereinafter  contained,  five  commissioners 
(who  shall  be  freeholders)  who  shall  go  upon  the  premises,  («) 
first  giving  notice  of  the  time  and  place  of  their  meeting  to  the 
president  of  the  company  [and]  to  the  owner  or  owners  of  the 
premises  if  residing  within  the  county,  otherwise  such  notice 
shall  be  given  to  the  tenant  in  possession  of  the  premises.  The 
commissioners  being  sworn  or  affirmed  to  perform  their  duties 
with  fidelity  shall  assess  fairly  and  impartiall}^  the  damages  of  ^^^^  °^ 
-such  owner  or  owners  to  be  sustained  by  the  premises  being 
taken  for  the  use  of  the  company,  taking  into  consideration  all 


pensation  to  be  made  therefor,  the  Superior  Court  for  New  fanfj^^a'**^^ 
Castle  County  in  term  time,  or  any  judge  of  the  same,  in  vaca-  f^^^ess 


commission- 
ers. 


502 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Certificate  of 
proceedings. 


Payment  of 
damages. 


Proviso. 


Writ  of  ad 
quod  dam- 
num. 


Assessment 
final. 


Fee  of  com- 
missioners 
and  jurors. 


Xo  delay  by 
writ  of  ad 
quod  dam- 
num. 


the  advantages  ( ^ )  to  be  derived  to  the  owner  or  owners  by  rea- 
son of  said  railway,  and  shall  certify  their  proceedings,  with 
their  assessment,  under  their  hands  and  seals,  or  the  hands  and 
seals  of  a  majority  of  them,  to  the  company ;  whereupon  the  said 
company,  upon  recording  the  same  in  the  office  for  recording 
deeds  in  and  for  New  Castle  County,  and  paying  to  the  owner 
or  owners  of  the  premises  the  damages  assessed,  as  aforesaid, 
or  depositing  the  same  to  the  credit  of  such  owner  or  owners 
in  the  Farmers'  Bank  of  the  State  of  Delaware,  at  Wilming- 
ton, shall  become  entitled  to  hold,  use,  occupy  and  enjoy  the 
said  premises,  exclusively  to  it,  its  successors  and  assigns  for- 
ever; provided,  that  either  party,  being  dissatisfied  with  the 
damages  so  assessed,  may,  on  application  to  the  Prothonotary 
of  New  Castle  County,  within  ninety  days  after  such  assess- 
ment shall  have  been  recorded  as  aforesaid,  sue  out  a  writ  of 
ad  quod  damnum,  requiring  the  Sheriff  of  said  county,  in 
the  usual  form,  to  inquire  by  twelve  impartial  men  of  his  baili- 
wick, under  oath  or  affirmation,  of  the  damages  aforesaid.  The 
assessment  of  the  jury  duly  made  and  returned  by  the  Sheriff 
shall  be  final.  If  increased  damages  are  found  by  the  jury  the 
increased  amount  shall  be  paid  or  deposited  by  tiie  company  as 
before  provided,  and  if  the  damages  be  reduced  the  owner 
shall  refund  the  amount  diminished.  The  cost  of  the  inquisi- 
tion shall  be  paid  by  the  unsuccessful  part}'.  The  fee  of  a 
commissioner  shall  be  one  dollar  per  day,  to  be  paid  .by  the 
company,  and  of  a  juror,  one  dollar  and  fifty  cents.  The 
works  of  said  company  shall  not  be  delayed  by  such  application 
for  a  writ  of  ad  quod  damnum,  but  upon  payment  or  deposit, 
as  hereinbefore  provided,  of  the  damages  awarded  by  conunis- 
sioners,  the  title  of  the  said  company  to  enter  upon,  use,  oc- 
cupy and  enjoy  the  premises  inquired  of  and  to  hold  the  same, 
to  it,  its  successors  and  assigns,  shall  become  vested  and  per- 
fect. 

(a)  If  the  petition  presented  to  the  Superior  Court  complies  with 
the  requisites  of  the  statute,  it  is  granted  as  a  matter  of  course,  but  this 
does  not  affect  the  rights  of  parties  interested,  and  they,  at  a  later  time, 
may  protect  their  rights  by  appropriate  proceedings. 

Lore,  C.   J.:      "  The  company  goes  upon  the  land   at  its  peril ;    if 

wrongfully,  the  question  of  right  may  be  raised  by  an 

action  of  trespass  in  the  law  courts,  or  by  an  injunction  in  Chancery. 


ACTS   OP  THE  GENERAL  ASSEMBLY.  503 

Then,  uiion  competent  and  proper  proof,  the  right  Avill  be  authoritatively 
ascertained." 

Petition  Front  &  Union  St.  Ry.  Co.,  1  Penn.  370  at  375.   (yr.  1898) 
If  the  consent  of  the  Street  and  Sewer  Department  has  not  been  ob- 
tained, this  is  no  valid  objection  at  the  time  the  application  is  made  for 
the  appointment  of  freeholders. 

Grubb,  J.:     "The  only  other  objection,  then,  is,  that  they  have  not 
shown  that  they  have  complied  with  some  alleged  pre- 
requisites, that  is,  that  they  have  not  obtained  the  permission  of  the  Street 
and  Sewer  Department  of  this  city,  as  one  step.    I  do  not  think  that  it  is 
necessary  to  obtain  that  at  this  stage  of  the  proceedings."  id.  377. 

See"the  case  of  Cooper  vs.  D.  G.  E.  Ry.  Co.,  8  Del.  Ch.  462.  (yr.  1900) 
(b)   As  to  the  question  of  "damages"  and  "advantages,"  and  the 
method  of  ascertaining  the  same,  see  Sees.  116  and  117  of  the  Charter. 

Should  a  commissioner  appointed  under  this  section  die  or  Death  or  in- 
become  incapable  of  acting  before  the  commission  is  executed,  commission- 
any  judge  of  the  Superior  Court  may  till  the  vacancy ;  pro-  vacancies, 
vided,  that  the  provisions  of  this  section  shall  not  be  used  or  Proviso. 
operative  to  acquire  or  use  the  tracks  of  said  Wilmington  City 
Railway  Company,  or  rights,  powers  or  privileges  in  the  streets 
where  its  lines  are  operated,  extended,  or  where  extensions 
have  been  heretofore  consented  to  by  the  Street  and  Sewer  Di- 
rectors of  Wilmington ;  and  provided  further,  that  the  Front 
and  Union  Street  Railway  Company  shall  not  enter  upon  any 
streets  or  roads  to  lay  tracks,  or  erect  wires  or  poles,  without 
the  consent  of  the  duly  authorized  authorities  of  the  city  or 
county,  as  the  case  may  be,  and  that  the  said  company  shall  be 
required  to  pave  within  the  rails  of  their  tracks,  and  for  the 
distance  of  three  feet  on  either  side  thereof,  and  keep  the  same 
in  good  repair,  and  shall  not  interfere  with  the  proper  and 
free  access  to  the  culverts,  water,  gas,  and  other  pipes  for  the 
public  use  in  the  said  city.  And  the  said  company  shall  not 
at  any  time  be  allowed  to  charge  a  greater  amount  than  five 
cents  for  any  one  fare  or  ticket  or  ride  in  their  cars  through 
the  said  city.] 

If  any  person  or  persons  shall  willfully  damage  or  ob-  Wiiifui  in- 

*      .  '-  .  Jury  to  rail- 

struct  the  said  railway  or  any  part  thereof,  or  hin,der  or  delay  way. 

the  building  of  the  same,  or  hinder  or  delay  the  passage  of 

cars  over  the  same,  or  damage  any  of  the  works  or  property  of 

the  said  company,  such  persons  shall  be  liable  to  the  company 

in  a  civil  suit  or  action  for  double  the  amount  of  the  damages  foi'  dam- 

ages. 

sustained,  and  shall,  moreover,  be  guilty  of  a  misdemeanor,  Misde- 


504 

Fine. 


16  D.  L.  583. 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


and,  on  indictment  and  conviction  thereof,  shall  be  fined,  not 
exceeding  three  hundred  dollars,  at  the  discretion  of  the  court. 

Passed  at  Dover,  February  20,  1877. " 


A  SUPPLEMENT  to  the  Act  entitled  "An  Act  to  incorporate 
the  Front  and  Union  Street  Railway  Company,"  passed 
at  Dover,  February  20,  1877. 


Gauge. 


Company 
to  pave. 


Proviso. 


18  D.  L.  874. 


Sec.  3.  The  gauge  of  said  railway  shall  be  five  feet  two 
inches ;  it  shall  be  laid  with  what  is  known  as  ' '  flat  rail, ' '  and 
the  said  company  shall  be  required  to  pave  within  the  rails  of 
their  track,  and  for  the  distance  of  three  feet  on  each  side  there- 
of, and  to  keep  the  said  pavements  in  good  repair.  Provided, 
however,  that  the  City  Council  (^)  of  Wilmington  may,  in  their 
discretion,  permit  the  said  company,  for  a  term  not  exceeding 
five  years,  to  leave  unpaved  such  portions  of  said  railway  in 
the  rural  or  unimproved  parts  of  said  city  as  may  be  specially 
designated  and  exempted  by  ordinance  of  said  City  Council. 

Passed  at  Dover,  March  29,  1881. 
(a)   Now  the  Street  and  Sewer  Department,  since  1887. 


AN  ACT  to  incorporate  the  "Eighth  Street  Passenger  Kail- 
way  Company.". 


Object  of 
corporation. 


Sec.  3.  That  the  object  and  purpose  of  this  Act  is  to- au- 
thorize and  empower  the  company  hereby  created,  and  said 
company  is  hereby  authorized  and  empowered  to  erect,  con- 
struct, operate  and  maintain  a  street  raihvay  within  the  City 
of  Wilmington  for  the  carriage  and  conveyance  of  passengers 
for  compensation ;  the  carriages  or  cars  of  said  railway  to  be 
moved  or  propelled  by  horses,  by  electricity,  by  cable  motor  or 
by  any  improved  motor  power  other  than  steam,  which  said 
company  may  in  its  discretion  at  any  time  adopt;  the  right 
being  hereby  given  said  company  to  erect,  construct,  operate 
and  maintain  such  devices,  contrivances  and  appliances  as  are 
■necessary  to  render  the  said  motive  power  effective  in  moving 


ACTS   OF  THE   GENERAL   ASSEMBLY.  505 

or  propelling  the  carriages,  ears  or  other  rolling  stock  of  said 
railway'. 

Sec.  4.  That  the  said  railway  shall  be  located  and  con-  Route  of 
structed  along  all  or  such  part  or  parts  of  the  following  route  its  location, 
as  said  company  shall  determine,  to  v/it :  Beginning  at  a  point 
on  Fourth  street  at  or  near  the  Christiana  river ;  thence  along 
Fourth  street  and  from  Fourth  street  to  Eighth  street, 
through,  over  and  along  an}^  of  the  intervening  streets ;  thence 
through,  over  and  along  Eighth  street  to  the  western  limit  of 
the  City  of  Wilmington,  with  the  right  and  privilege  of  locat- 
ing, constructing,  operating  and  continuing  or  extending  said 
railway  from  any  point  or  points  on  Eighth  street  to  Seventh 
street,  thence  through,  over  and  along  Seventh  street  aild 
through,  over  and  along  Greenhill  avenue,  AVoodlawn  avenue. 
Union  street,  DuPont  street  or  any  other  street  or  avenue  lead- 
ing from  Seventh  street ;  provided,  said  company  shall  not  lo-  pj,Q^igo 
cate  or  construct  any  part  of  its  railway  along  that  part  of  any 
street  or  avenue  theretofore  occupied  by  the  tracks  of  either 
"The  Wilmington  City  Railway  Company"  or  "The  Front 
and  Union  Railway  Company,"  it  being  understood  that  this 
proviso  shall  not  prevent  or  hinder  the  company  hereby  cre- 
ated from  occupying  such  part  of  any  street  or  avenue  as  is 
not  occupied  by  the  tracks  of  the  two  other  above  mentioned 
companies  or  either  of  them;  or  from  crossing  any  street  or 
avenue  theretofore  occupied  by  the  tracks  of  the  tAVO  other 
above  mentioned  companies  or  either  of  them. 

The  said  railway  may  be  laid  with  either  a  single  or 
double  track,  or  at  any  time  altered  from  one  to  the  other,  as 
the  directors  shall  deem  expedient,  together  with  all  sidings, 
turnouts,  switches,  turntables,  poles,  wires,  cables,  chains,  con- 
trivances, appliances  and  connections  necessary  for  the  proper 
working  of  said  railway,  and  for  the  purpose  of  constructing, 
operating  and  maintaining  the  said  railway  the  said  company 
shall  have  the  power  to  use  and  occupy  so  much  of  any  street  ^^g^^^g^^g 
or  avenue  within  said  city,  designated  as  aforesaid,  as  may  be  occupied, 
necessary;  provided,  said  railway  shall  conform  to  the  grades 
which  now  are  or  hereafter  may  be  established  for  any  street 
or  avenue  through,  over  or  along  Avhich  the  said  railway  may 


506 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Company  to 
pave  within 
the  rails. 


May  cross 
any  other 
railway 
track. 


be  located  and  constructed;  and  provided  also,  that  said  com- 
pany shall  be  required  to  pave  within  the  rails  of  their  tracks 
and  for  the  distance  of  three  feet  on  either  side  thereof;  and 
keep  the  same  in  good  repair  and  shall  not  interfere  with  the 
proper  and  free  access-  to  the  culverts,  water,  gas  and  other 
pipes  for  public  use  in  the  said  city.  The  said  railway  may 
cross  any  track  of  any  railroad  company  («)  now  incorporated 
or  hereafter  to  be  incorporated^  whether  the  same  is  a  steam 
railway,  horse  railway  or  a  railway  of  any  other  description ; 
provided,  that  if  it  crosses  said  track  at  grade,  it  conform  to  the 
grade  of  the  track  to  be  crossed ;  but  nothing  herein  contained 
shall  prevent  said  company  from  erecting,  constructing,  oper- 
ating and  maintaining  either  over-grade  or  under-grade  cross- 
ings where,  in  the  discretion  of  its  directors,  it  may  be  deemed 
advisable. 


Land  may 
be  con- 
demned for 
purposes  of 
corporation. 

Judge  to 
appoint 
commis- 
sioners. 

Commission- 
ers to  be 
sworn. 


Report  and 
award  of 
commission- 
ers to  be 
recorded. 


(a)   See  the  cases  of 

P.,  W.  &  B.  E.  E.  Co.  vs.  Wil.  C.  Ey.  Co.,  8  Del.  Ch.  134.  (yr.  1897) 

N.  C.  &  D.  C.  Ey.  Co.  vs.  Del.  E.  E.  Co.,  8  Del.  Ch.  419.  (yr.  1899) 

Sec.  12.  Whenever  it  shall  be  deemed  by  the  directors 
necessary  to  enter  upon  and  occupy  any  lands,  tenements,  or 
hereditaments  for  the  use  of  said  corporation,  if  the  owner  or 
owners  of  such  land,  tenements  or  hereditaments  be  not  known, 
or  be  under  the  age  of  twenty-one  years,  or  if  the  directors  and 
such  owner  or  owners  cannot  agree  upon  the  compensation  to 
be  made  therefor,  the  Superior  Court  for  New  Castle  County 
in  term  time,  or  any  judge  of  the  same  in  vacation,  shall  upon 
application  by  the  company,  appoint  five  commissioners  (who 
shall  be  freeholders)  to  go  upon  the  premises,  («)  first  giving  no- 
tice of  the  time  and  place  of  their  meeting  to  the  president  of 
the  company  and  to  the  owner  or  owners  of  the  premises,  if  re- 
siding within  the  county,  otherwise  such  notice  shall  be  given 
to  the  tenant  in  possession  or  agent  in  charge  of  the  premises. 
The  commissioners  being  sworn  or  affirmed  to  perform  their 
duties  with  fidelity,  shall  assess  fairly  and  impartially  the 
damages  of  such  owner  or  owners  to  be  sustained  by  the  prem- 
ises being  taken  for  the  use  of  the  company,  taking  into  con- 
sideration all  the  advantages  to  be  derived  to  the  owner  or 
owners  by  reason  of  said  railway,  and  shall  certify  their  pro- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  507 

ceedings  with  their  assessment  under  their^  hands  and  seals  of 
a  majority  of  them  to  the  company ;  whereupon  the  said  com- 
pany, upon  recording  the  same  in  the  office  for  recording  deeds 
in  and  for  New  Castle  County,  and  paying  to  the  owner  or 
owners  of  the  premises  the  damages  assessed  as  aforesaid,  or 
depositing  the  same  to  the  credit  of  such  owner  or  owners  in 
the  Farmers'  Bank  of  the  State  of  Delaware,  at  Wilmington, 
shall  become  entitled  to  hold,  use,  occupy  and  enjoy  the  said 
premises,  exclusively  to  it,  its  successors  and  assigns  forever; 
provided,  that  either  party  being  dissatisfied  with  the  dam- 
ages so  assessed,  may  on  application  to  the  Prothonotary  of 
New  Castle  County,  within  sixty  days  after  such  assessment 
shall  have  been  recorded  as  aforesaid  sue  out  a  writ  of  ad  quod  cfuod  dam^- 
daynnum  requiring  the  Sheriff  of  said  county  in  the  usual  jggjfe'.  "^^^ 
form  to  inquire,  by  twelve  impartial  men  of  his  bailiwick,  un- 
der oath  or  affirmation,  of  the  damages  aforesaid.  The  assess- 
ment of  the  jury  duly  made  and  returned  by  the  Sheriff  shall 
be  final. 

(a)   See  the  case  of 

Petition  Front  &  Union  St.  Ey.  Co.,  1  Penn.  370  at  375.   (yr.  1898) 

See  Sec.   8,  "a,"  pp.  501-2  this  volume. 

If  increased  damages  are  found  by  the  jury  the  increased  in  case  of 

^  J  J      J  appeal  who 

amount  shall  be  paid  or  deposited  by  the  company  as  before  to  pay  costs, 
provided,  and  if  the  damages  be  reduced  the  owner  shall  re- 
fund the  amount  diminished.  The  costs  of  the  inquisition  shall 
be  paid  by  the  unsuccessful  partv.    The  fee  of  a  commissioner  _ 

■^  ■'  1         .  Pee  of  com- 

shall  be  one  dollar  per  day  to  be  paid  by  the  company,  and  of  missioner. 
a  juror  one  dollar  and  fifty  cents.    The  work  of  said  company 
shall  not  be  delayed  by  such  application  for  a  writ  of  ad  quod 
damnum  but  upon  payment  or  deposit  as  hereinbefore  pro- 
vided of  the  damages  awarded  by  the  commissioners  the  title  to 
the  company  to  enter  upon,  use,  occupy  and  enjoy  the  premises 
inquired  of  and  to  hold  the  same  to  it,  its  succesosrs  and  as- 
signs, shall  become  vested  and  perfect.    Should  a  commissioner 
appointed  under  this  section  die  or  become  incapable  of  act-  j^^ge  of 
ing  before  the  commission  is  executed  any  judge  of  the  Su-  court'°o  mi 
perior  Court  may  fill  the  vacancy.  commissfoif 

1.     So  enrolled. 


508 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


damagrng'^  Sec.  13.    If  any  person  or  persons  shall  wilfully  damage 

railway.  or  obstruct  the  said  railway  or  anj  part  thereof,  or  hinder  or 
delay  the  building  of  the  same,  or  hinder  or  delay  the  passage 
of  ears  over  the  same,  or  damage  any  of  the  works  or  property 
of  said  company,  such  person  or  persons  shall  be  liable  to  the 
company  in  a  civil  action  for  double  the  damages  sustained, 
and  shall  moreover  be  guilty  of  a  misdemeanor  and  on  indict- 
ment and  conviction  thereof  shall  be  fined  not  exceeding  three 
hundred  dollars  at  the  discretion  of  the  court. 


Public  act. 


Sec,  14.  That  this  Act  shall  be  deemed  and  taken  to  be  a 
public  Act  and  shall  be  published  with  the  other  public  Acts 
passed  at  this  session  of  the  Legislature,  and  the  power  to 
amend,  alter  or  revoke  the  same  is  hereby  reserved  to  the  Leg- 
islature. 


street  rail- 
way to  be 
subject  to 
Street  and 
Sewer  De- 
partment. 


Sec.  15.  That  in  the  erection,  construction,  operation  and 
maintenance  of  said  street  railway  the  said  company  shall  be 
subject  to  the  ordinances,  rules  and  regulations  of  the  Street 
and  Sewer  Department  of  said  City  of  "Wilmington  so  far  as 
the  same  relate  to  the  streets  of  said  city. 

Passed  at  Dover,  April  1,  1889. 


22  D.  L.  842.    AN  ACT  in  relation  to  Ninth  Street  West  of  Market  Street  in 
the  City  of  Wilmington,  prohibiting  Street  Cars  thereon. 


Ninth  street 
west  of  Mar- 
ket street  in 
the  City  of 
Wilmington 
to  be  free 
from  rail- 
road or  rail- 
way tracks, 
except  at 
intersec- 
tions thereof 
by  other 
streets. 


Section  1.  That  no  passenger,  freight,  street  railway  or 
other  track  shall  be  laid  on  or  along  Ninth  street,  west  of  Mar- 
ket, in  the  City  of  Wilmington,  but  the  roadway  of  said  street 
shall  remain  and  be  kept  so  as  to  afford  a  free  and  unob- 
structed passage  or  thoroughfare  for  carriages,  wagons  and 
other  vehicles,  used  either  for  leisure  or  pleasure,  provided, 
however,  that  nothing  in  this  Act  contained  shall  prevent  or  be 
construed  to  prevent  the  crossing  of  any  and  all  parts  of  saia 
Ninth  street  west  of  Market  street,  by  railway  tracks  laid 
across  the  same  where  said  Ninth  street  intersects  any  other 
street  of  said  city,  and  provided  further,  that  nothing  in  this 
Act  shall  prevent  or  be  construed  to  prevent  the  operation  of 


ACTS  OF  THE  GENERAL  ASSEMBLY.  509 

cars  of  all  kinds  across  said  Ninth  street  at  its  said  intersection 
with  other  streets  in  said  city  west  of  Market  street. 

Sec.  2.    All  acts  or  parts  of  acts  inconsistent  herewith  are 
herebj^  repealed. 

Approved  February  17,  A.  D.  1903. 


AN  ACT  in  Relation  to  Tenth  Street  West  of  West  Street  in  25  d.  l.  317. 
the  City  of  Wilmingtoii,  Prohibiting  Street  Cars  Thereon. 


Section  1.    That  no  passenger,  freight,  street  railway  orghaiinotbe 
other  track  shall  be  laid  on  or  along  Tenth  street,  west  of  obstructed. 
West,  in  the  City  of  AVilmington,  but  the  roadway  of  said 
street  shall  remain  and  be  kept  so  as  to  afford  a  free  and  unob- 
structed passage  or  thoroughfare  for  carriages,  wagons  and 
other  vehicles,  used  either  for  leisure  or  pleasure,  provided,  proviso. 
however,  that  nothing  in  this  Act  contained  shall  prevent  or  be 
construed  to  prevent  the  crossing  of  any  and  all  parts  of  said 
Tenth  street  west  of  West  street,  by  railway  tracks  laid  across 
the  same  where  said  Tenth  street  intersects  any  other  street  of 
said  city,  and  provided  further,  that  nothing  in  this  Act  shall 
prevent  or  be  construed  to  prevent  the  operation  of  cars  of  all 
kinds  across  said  Tenth  street   at   its   said   intersection  ^vith 
other  streets  in  said  city  west  of  West  street. 

Sec.  2.    All  Acts  or  parts  of  Acts  inconsistent  hercAvith 
are  hereby  repealed. 

Approved  March  31,  A.  D.  1909. 


510  ACTS  OF  THE  GENERAL  ASSEMBLY. 


CHAPTER  XVI. 

ACTS  IN  RELATION  TO  BRIDGES. 

Page  Page 

1.     Act  Authorizing   the   Baltl-  2.     Act  Authorizing  the  Phiia- 

more       and        Philadelphia  delphia,     Wilmington      and 

Railroad   Company  to  Con-  Baltimore     Railroad     Com- 

struct  an    Overhead    Bridge     510  pany       to       Construct       an 

Overhead   Bridge   511 

AN  ACT  to  provide  safe  travel  over  certain  highways  in  the  ^j  j^  ^  421. 
City  of  Wilmington. 

Section  1.     That  the  Baltimore  and  Philadelphia  Rail-  _  . 

Railroad 

road  Company  be  and  it  is  hereby  ordered  and  directed  to  con-  company  to 

■^       •'  construct  a 

struct,  make  and  maintain  a  suitable  overhead  street  bridge  certain 

.  .  bridge. 

for  public  travel  over  the  track  and  roadbed  of  said  railroad 
company,  where  such  track  and  roadbed  intersects  Lancaster 
avenue  in  the  City  of  Wilmington.  Such  bridge  shall  be  con- 
structed within  such  times  as  the  Board  of  Directors  of  the 
Street  and  Sewer  Department  of  the  City  of  Wilmington  shall 
determine,  and  shall  be  of  such  height  above  such  track  and  Dimensions 

'  "  of  bridge. 

roadbed,  and  of  such  width,  and  of  such  general  construction 
as  the  said  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment may  determine.     The  construction  of  said  bridge 
shall  include  the  making  of  all  necessary  and  proper   ap- 
proaches to  said  bridge.     The  said  railroad  company  shall  be 
solely  responsible  for  all  damages  resulting  to  contiguous  prop-  ^o™^i||^- 
erfy  by  reason  of  the  making  of  said  bridge,  and  the  making  of  ^?^^^ 
the  approaches  thereto.     Should  the  said  railroad  company 
neglect  or  refuse  to  construct  such  bridge,  or  the  approaches  r^'^"^co°\o 
thereto,  in  conformity  with  and  within  the  time  specified  by  erect  bridge, 
the  said  Board  of  Directors  of  the  Street  and  Sewer  Depart- 
ment of  the  City  of  Wilmington,  the  said  Board  of  Directors 
are  hereby  authorized  and  empowered  to  erect  and  construct 
such  bridge  and  all  necessary  approaches  thereto  at  the  ex- 


ACTS  OP  THE  GENERAL  ASSEMBLY.  511 

pense  of  the  city,  and  "The  INIayor  and  Council' of  Wilming- 
ton" may  then  collect  the  cost  of  such  erection  and  construc- 
tion in  an  action  on  the  case  against  such  delinquent  railroad 
company. 

Sec.  2.    The  Board  of  Directors  of  the  Street  and  Sewer  supervision 

of  bridge. 

Department  of  the  City  of  Wilmington  shall  have  supervision 
over  the  bridge  by  this  Act  authorized  to  be  constructed,  and 
may,  from  time  to  time,  order  the  widening  or  repairing  of 
said  bridge  by  said  railroad  company  in  such  manner  and 
within  such  times  as  in  f  heir  judgment  public  convenience  may 
require;  and  in  case  the  said  railroad  company  shall  neglect  failure  of 

^  '  ...  company  to 

or  refuse  to  obey  any  such  order  or  direction  in  respect  to  the  observe  di- 

•^         •'  '■  rection  of 

widening  or  repairing  said  bridge,  said  Board  of  Directors  of  Board, 
the  Street  and  Sewer  Department  for  said  city  may  cause  the 
required  widening  or  repairing  to  be  executed  at  the  expense 
of  the  City  of  Wilmington,  and  "The  Mayor  and  Council  of 
Wilmington"  may  then  collect  the  amount  of  such  expense  in 
an  action  on  the  case  brought  in  its  corporate  name  against 
such  delinquent  railroad  company. 

Passed  at  Dover,  May  1,  1891. 


AN  ACT  autJwrizing  the  building  of  an  overhead  bridge  f/j  i9  d.  l.  1020. 
the  City  of  Wilmington. 

Section  1.  That  the  Philadelphia,  Wilmington  and  Bal- 
timore Railroad  Company,  when  in  the  opinion  of  its  Board  of 
Directors  the  exigencies  of  public  travel  demand  the  same,  be 
and  it  is  hereby  authorized  and  empowered  to  construct,  make 
and  maintain  in  the  City  of  Wilmington  a  suitable  overhead 
street  bridge  and  necessary  approaches  thereto  for  public 
travel  from  a  point  in  Fourth  street,  between  Spruce  and  Pine  Location  of 

^  '  '■  _  bridge. 

streets,  .in  a  southerly  direction  to  a  public  bridge  over  the 
Christiana  river  («)  called  the  Third  street  bridge,  and  also  in 
connection  with  said  overhead  bridge  to  construct  and  maintain  Manner  of 

'^  construction. 

an  overhead  foot  bridge  on  the  line  of  Church  street  for  pedes- 
trians. Such  bridge  or  bridges  shall  be  constructed  of  such 
height  and  width  and  of  such  general  construction  as  may  be 
determined  upon  by  the  said  railroad  company  with  the  ap- 


512 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


proval  of  the  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment of  the  City  of  Wilmington. 

(a)  These  overhead  bridges  affect  the  streets  of  the  city.  As  to  the 
power  of  the  Legislature  to  build  bridges  over  and  across  inland  creeks 
and  rivers,  see  the  case  of 

Bailey  vs.  Eailroad  Co.,  4  Har.  389  at  396.  (yr.  1846) 

See  Sec.  6,  "  c,"  p.  189  of  this  volume. 

^f^property.  ^EC.  2.    That  the  said  company  shall  have  power  and  au- 

thority to  take,  hold  and  acquire  any  lands,  property  or  rights 
necessary  for  the  erection  and  construction  of  said  bridge  or 
bridges,  and  in  case  the  same  cannot  be  acquired  amicably  then 
that  the  said  company  shall  have  power  to  take,  acquire  and 
enter  upon  such  land,  property  and  rights  as  may  be  necessary 
for  the  purpose  aforesaid  in  the  same  manner  and  by  the  same 
proceedings  as  are  now  provided  by  law  for  the  acquisition  of 
land,  property  or  rights  for  the  purpose  of  locating  and  con- 
structing said  railroad  in  this  State. 


Vacation  of 
streets. 


Damages. 


Sec.  3.  That  in  case  it  shall  be  necessary,  proper  or  ex- 
pedient to  use,  occupy  or  vacate,  in  whole  or  part,  any  street, 
avenue,  square,  lane,  road  my  alley  for  the  purpose  aforesaid, 
The  Mayor  and  Council  of  Wilmington,  by  the  agency  of  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of 
said  city,  shall  have  power  by  resolution  to  authorize  such  use, 
occupation  or  vacation,  which  resolution  shall  be  published 
daily  for  one  month  in  two  daily  newspapers  published  in  said 
city ;  and  any  person  sustaining  injury  by  reason  of  such  use, 
occupation  or  vacation  may  apply  in  writing  to  the  Court  of 
General  Sessions  of  the  Peace  and  Jaily  Delivery  in  and  for 
New  Castle  County,  to  appoint  three  disinterested  and  impar- 
tial freeholders  to  value  the  said  damages  who  shall  make  re- 
turn of  their  award  to  the  said  court  at  the  next  succeeding 
term,  and  the  damages  so  assessed  shall  be  paid  by  said  com- 
pany before  any  street,  avenue,  lane,  road  or  alley  shall  be 
used,  occupied,  closed  up  or  obstructed  for  the  purpose  afore- 
said; provided,  that  all  such  applications  shall  be  made  and 
filed  with  the  Clerk  of  said  Court  within  three  months  after 
the  publication  above  mentioned. 

Passed  at  Dover,  May  4,  1893. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  513 


CHAPTER  XVII. 

ACTS  IN  RELATION  TO  SALES  OF  REAL  ESTATE. 

Page  j  Page 

Act    Authorizing    the    Sale  4.     Act    Authorizing    the    Sale 

of   a    Certain    Lot   of    Land  \  of    a    Certain    Lot   of    Land 

at     Twelfth      and      Orange  |  at  Eighth  and  Scott  Streets     516 

Streets    513  '  5.     Act    Authorizing    the    Sale 


of    a    Part    of    the    Bed    of 
Rockford   Road    517 


2.  Act  to  Make  Valid  the 
Sales   of   Above   Land 514 

3.  Act  Authorizing  the  Sale 
of  Portion  of  Old  Academy 
Lot  in  the   Ninth   Ward 515 

AN  ACT  to  authorize  the  Council  of  Wilmington,  to  sell  and  i7  d.  l.  402. 
convey  certain  real  estate  in  the  said  city. 

Section  1.  That  The  Mayor  and  Council  of  Wilmington 
shall  have  power  and  authority  and  are  hereby  authorized,  un- 
der an  ordinance  of  Council  to  be  passed  with  the  concurrence 
of  two-thirds  of  all  the  members  thereof,  for  the  time  being,  to 
sell  and  convey  in  fee  all  that  portion  of  the  real  estate  belong- 
ing to  the  city  lying  and  being  between  Twelfth  and  Thir-  Location  of 
teenth,  and  Orange  and  Tatnall  streets  ni  said  city.(«)  Such 
sale  may  be  either  for  cash  or  upon  a  credit  to  be  secured  by  the  Terms  on 

^  1  T  1    which  it  may 

bond  and  mortgage  of  the  purchaser,  or  purchasers,  and  such  be  sold. 
real  estate  may  be  sold  either  in  the  entirety  or  by  parcels,  as 
Council  may  in  such  ordinance  direct.^ 

(a).  This  was  known  as  the  "sand  lot."  It  was  referred  to  in  the 
case  below  cited,  as  follows: 

Smilsbury,  Cli.:  "It  was  said  in  the  course  of  the  argument  of  the 
present  case,  that  the  corporation  of  Wilmington 
owned  a  lot  within  the  limits  of  the  city  called  the  ' '  sand  lot. ' ' 

Coyle  vs.  Mclntire,  7  Houst.  44  at  96.   (yr.  1884) 

See  Sec.  2,  "a"  (below)  of  this  Act. 


1.     A  part  of  this  land  still  remains  unsold. 


514 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


How  pro- 
ceeds of  sale 
shall  be  ap- 


Title. 


Surplus,  if 
any,  how  to 
be  applied. 


Sec.  2.  The  proceeds  of  the  sale  of  said  real  estate  shall 
be  used  to  purchase  other  sand  lots  for  the  use  of  the  said  City 
of  Wilmington,  («)  and  the  City  Council  is  hereby  authorized 
to  make  such  purchase,  and  to  take  the  title  to  the  same  in  fee 
simple.  Any  surplus  which  may  remain  unexpended,  after 
such  purchase  or  purchases,  shall  be  paid  to  the  Commissioners 
of  the  Sinking  Fund  of  the  City  of  Wilmington,  to  be  by  them 
expended  in  the  purchase  or  redemption  of  the  bonds  of  said 
city,  or  such  surplus  may  be  expended  in  making  a  payment 
on  account  of  any  debt  of  said  city,  which  will  reduce  the 
amount  of  any  loan  authorized  by  law,  and  such  authorized 
loan  shall  be  reduced  accordingly. 

Passed  at  Dover,  April  18,  1883. 

(a)  In  the  case  below  cited,  the  Court,  after  saying  that  the  property 
held  by  the  city  is  "public  property,"  explains  that  the  same  property 
held  by  the  city,  while  "public,"  in  the  general  sense  of  the  word,  is 
really  private  property  as  against  the  county  or  even  the  State.  In  mak- 
ing clear  the  distinction  the  Court  referred  to  the  ' '  sand  lot ' '  above  men- 
tioned. The  Legislature  might  authorize  it  to  be  sold,  but  it  could  not 
authorize  the  money  arising  from  the  sale,  for  instance,  to  be  given  to  the 
Town  of  New  Castle.  The  money  arising  from  the  sale  belongs  to  the 
city.    (97) 

Saulsbury,  Ch. :  ' '  But  suppose  the  sand  lot  owned  by  the  City  of 
Wilmington  should  become  worthless  to  the  city 
or  not  adapted  to  any  municipal  use  and  valuable  only  for  sale  to  private 
persons  for  building  puri:)oses.  Could  it  be  doubted  that  the  Legislature 
might  direct  it  to  be  sold  and  the  proceeds  be  devoted  to  some  municipal 
or  public  purpose  within  the  Citv  of  Wilmington. ' ' 

Coyle  vs.  Mclntire,  7  Hous't.  44  at  97.   (yr.  1884) 


18  D.  L.  347. 


Preamble. 


AN  ACT  confirming  the  sale  of  certain  real  estate  in  the  City 
of  Wilmington. 

Whereas,  By  a  resolution  of  Council  passed  July  8,  1886, 
it  was  directed  ' '  That  the  Committee  on  Public  Buildings  be 
instructed  to  dispose  of  at  public  sale  that  portion  of  the  city 
sand  lot  lying  and  being  north  of  Thirteenth  street ; ' '  and, 

Whereas,  Pursuant  to  said  resolution  the  said  Committee 
on  Public  Buildings  did  cause  the  said  portion  of  the  city  sand 
lot  to  be  exposed  to  public  sale  on  Saturday  the  eighteenth 
(18)  day  of  September,  1886,  and  sold  the  same  to  various 
bidders;  and. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  515 

Whereas,  Doubts  have  arisen  as  to  the  legality  of  said  sale 
and  it  being  deemed  necessary  to  have  an  Act  of  the  General 
Assembly  confirming  the  same. 


Section  1.    That  the  said  sale  of  the  real  estate  aforesaid 
shall  be  deemed  and  taken  to  be  as  valid  to  all  intents  and  pur- 
poses as  if  the  General  Assembly  had  prior  to  such  sale  passed 
an  Act  specifically  authorizing  the  same,  and  ' '  The  Mayor  and  Mayor  and 
Council  of  "Wilmington ' '  is  hereby  authorized  and  empowered  thorized  to 

■  1  •    X     ^  j_i  -  1  J.  IT     cause  deeds 

upon  the  receipt  or  the  purchase  moneys  to  cause  proper  deeds  to  be  made, 
of  conveyance  to  be  made  to  the  various  purchasers  of  said  real 
estate  conveying  the  same  in  fee  simple ;  provided,  neverthe-  proviso. 
less,  that  if  any  purchaser  as  aforesaid  shall  neglect  or  refuse 
to  pay  all  or  any  part  of  said  purchase  money  within  sixty 
(60)  days  after  the  passage  of  this  Act,  then  in  such  event  the 
said  sale  as  to  such  purchasers  shall  become  void  and  any  pur- 
chase money  already  paid  by  such  purchaser  to  the  municipal 
corporation,  or  its  agent,  shall  become  forfeited,  and  all  that 
portion  of  the  said  real  estate  shall  be  again  exposed  to  public 
sale. 

Passed  at  Dover,  April  11,  1887. 


AN  ACT  for  the  sale  of  certain  real  estate  in  the  City  of  Wil-  is  d.  l.  351. 
mington. 

Section  1.  That  The  Mayor  and  Council  of  Wilmington 
are  hereby  authorized  and  empowered  to  expose  to  public  sale  Description 
and  to  execute  and  deliver  good  and  sufficient  deed  or  deeds  to 
the  purchaser  or  purchasers  thereof  all  that  portion  of  the  old 
academy  lot,  situated  in  the  Ninth  ward  of  sajd  city,  which  is 
bounded  and  described  as  follows,  to  wit:  Beginning  at  a 
point  in  Vandever  avenue  at  the  westerly  gable  of  the  old 
academy  school  house  building ;  thence  along  the  said  gable 
wall  and  at  right  angles  wdth  Vandever  avenue  aforesaid  in  a 
northerly  direction  seventy-three  feet  and  four  inches,  more 
or  less,  to  a  corner ;  thence  westerly  and  at  right  angles  to  the 
first  mentioned  line  and  parallel  to  Vandever  avenue  ten  feet, 
more  or  less,  to  another  corner ;  thence  in  a  southerly  direction 


516 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


parallel  to  the  first  mentioned  line  seventy-three  feet  and  four 
inches  to  a  point  in  Vandever  avenue  aforesaid;  thence  along 
Vandever  avenue  easterly  ten  feet,  more  or  less,  to  the  place 
of  beginning. 

Proceeds.  Sec.  2.  The  proceeds  arising  from  the  sale  of  said  lot  shall 

be  expended  for  the  purpose  of  public  education  in  the  Ninth 
ward  of  said  city.  («) 

Passed  at  Dover,  April  18,  1887. 

(a)   The  money  arising  from  the  sale  is  used  in  Wilmington. 
See  Sec.  2,  "a,"  p.  514  this  volume. 


Power  to 
sell  certain 
real  estate. 


Proviso. 


AN  ACT  to  authorize  the  sale  of  certain  real  estate  in  the  City 
of  Wihnington. 

Section  1.  That  The  ]\Iayor  and  Council  of  Wilmington 
shall  have  power  and  authority  and  are  hereby  authorized,  un- 
der an  ordinance  of  Council  to  be  passed  with  the  concurrence 
of  two-thirds  of  all  the  members  thereof,  for  all  the  time  be- 
ing, to  sell  and  convey,  in  fee  simple,  all  that  portion  of  the 
real  estate  belonging  to  the  city  lying  and  being  between  Du- 
Pont  street,  Scott  street.  Eighth  street  and  Ninth  street  in  said 
city;  provided,  nevertheless,  that  all  that  portion  of  said  real 
estate  now  occupied  for  public  school  purposes,  being  151  feet 
square,  at  the  southeast  corner  of  Ninth  and  Scott  streets,  as 
well  as  Howland  street,  at  50  feet  6  inches  wide,  running 
parallel  to  and  210  feet  south  of  Ninth  street,  be  and  the  same 
are  hereby  excepted  and  excluded  from  the  operations  and 
provisions  of  this  Act.  Such  sale  may  be  either  for  cash  or 
upon  a  credit  to  be  secured  by  the  bond  and  mortgage  of  the 
purchaser  or  pjiirchasers,  and  such  real  estate  may  be  sold 
either  in  the  entirety  or  by  parcels,  as  Council  maj'  in  such  or- 
dinances direct. 


Proceeds  of  Sec.  2.    The  procccds  of  the  sale  of  said  real  estate  shall 

lafd  and  how  be  paid  to  the  Commissioner^  of  the  Sinking  Fund  of  the  City 

expended. 


1.     A  part  of  this  land  still  remains  unsold. 


ACTS  OP  THE  GENERAL  ASSEMBLY,  517 

of  Wilmington,  to  be  bj^  them  expended  in  the  purchase  or  re- 
demption of  the  bonds  of  said  city,  or  such  proceeds  may  be 
expended  in  making  a  payment  on  account  of  any  debt  of  said 
city,  which  will  reduce  amount  of  any  loan  authorized  by  law, 
and  such  authorized  loan  shall  be  reduced  accordingly. 

Sec.  3.    That  all  Acts  and  parts  of  Acts  inconsistent  with 
this  Act  be,  and  the  same  are  hereby  repealed. 

Passed  at  Dover,  March  7,  1889. 


AX  ACT  authorizing  "The  Mayor  and  Council  of  Wt'Zmiw^- 23  d.l.  273. 
ton"  to  convey  the  title  of  a  certain  lot  of  land. 

Whereas,  the  ownership  of  a  small  triangular  lot  of  land,  Preamble. 
formerly  a  part  of  the  bed  of  Rockford  Road,  between  Six- 
teenth and  Sevententh  streets,  and  bordering  on  Woodlawn 
avenue,  on  the  easterly  side  thereof,  has  by  the  vacation  of 
said  road  become  vested  in  "The  Mayor  and  Council  of  Wil- 
mington ; ' '  and. 

Whereas,  the  said  land  is  of  no  practical  use  to  the  said  preamble, 
city  since  the  vacation  of  said  road,  and  it  is  desirable  that  the 
said  city  shall  have  authority  to  sell  or  dispose  of  the  same. 

=^  ^  #  #  ^  #  ^$  =^I'  ^  =K^  ^'  ^ 

Section  1.     The  INIayor  and  Council  of  Wilmington  is  j^ed  fo^seu'^" 
hereby  authorized  and  empowered  to  sell  the  whole  or  any  part  ^^''t^^^  i^"<^- 
of  the  above  mentioned  land,  and  the  said  Mayor  is  authorized 
and  directed,  to  execute  and  deliver  to  the  purchaser  or  pur- 
chasers thereof,  a  good  and  sufficient  deed  or  deeds  conveying  Mayor  to 
the  title  thereto  in  fee  simple  when  so  directed  by  a  resolution  ^^^'^  ^^^^' 
of  the  City  Council. 

Approved  March  16,  A.  D.  1905. 


518 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


CHAPTER  XVIII. 

MISCELLANEOUS  ACTS. 


Page 

1.  Act    to     Incorporate    Wil-  19. 
mington     Coal     Gas    Com- 
pany         519 

2.  Act       Supplementary       to  20. 
Foregoing  Act 519 

3.  Act  Relating  to  the  Open- 
ing of  Streets  by  said 
Company 520   ! 

4.  Act    Prohibiting    the    Ex-  21. 
hibiting     of     Stallions     on 

Streets    520 

5.  Act  Prohibiting  Burials  in 

a  Certain   Graveyard 520         22. 

6.  Act  Relating  to  the  Re- 
pair of   Banks  and   Sluices     521 

7.  Act    Authorizing     the     Li-  23. 
censing    of   Shows 522 

8.  Act     in     Relation     to     the  24. 
Condemnation       of      Land 

for   Water   Works 522 

9.  Act  Authorizing  the  Leas-  25. 
ing  of  a   Certain   Wharf...      523 

10.  Act  Vesting   Title  to  "Old  26. 
Academy"    in    the   City....      523 

11.  Act  Relating  to  the  Taxa- 
tion     of      Railroad      Com-  27. 
panics    523 

12.  Act     to      Prevent      Bogus 

Sales   524        28. 

13.  Act     Respecting     a     Free 
Library   525 

14.  Act  Authorizing  Addition-  29. 
al    Payments    to    Free    Li- 
braries    in     the     City     of 
Wilmington     527        30. 

15.  Act  to  Incorporate  the 
Young    Men's    Association 

for  Mutual   Improvement..      527        31. 

16.  Act  Supplementary  to 
Forgeoing    Act    529 

17.  A  Further  Supplement  to 
Foregoing    Act    530         32. 

18.  A  Further  Supplement  to 
Foregoing    Act    531    [ 


Page 

Act  Authorizing  City  Of- 
ficers    to     Bond     with     a 

Surety   Company    532 

Act  Authorizing  Amend- 
ment to  the  Charter  of 
St.  Michael's  Day  Nur- 
sery     and      Hospital      for 

Babies    .' 533 

Act  to  Prohibit  the  Aid- 
ing of  Girls  in  Escaping 
from        the        Industrial 

School  for  Girls    534 

Act  to  Prevent  the  Dis- 
play  of   Foreign    Flags    on 

Public    Buildings    535 

Act  in  Relation  to  Auc- 
tions and  Auctioneers....  535 
Act  Giving  Law  and  Or- 
der Society  One  Half  of 
Fines  in  Certain  Cases...  535 
Act  in  Relation  to  Disor- 
derly  Houses    536 

Act    Re-incorporating    the 
Water    Witch    Steam    Fire 
Engine    Company,    No.    5..      538 
Act  Authorizing  the  Clos- 
ing   of    Barber    Shops    on 

Sunday .  .      540 

Act  Relating  to  the  Trade 
of    Barbers   in   the   City  of 

Wilmington     540 

Act  Authorizing  Indem- 
nity   to    E.    I.    DuPont    de 

Nemours  &   Company 545 

Act  Making  Eight  Hours 
a  Day's  Work  for  Munici- 
pal   Employees    546 

Act  Authorizing  Munipi- 
palitles,  Ac,  to  Make  Do- 
nations   to    the    Organized 

Militia   548 

Act  in  Relation  to  Dogs 
Registered  in  Incorporated 
Cities    548 


ACTS  OF  THE  GENERAIj  ASSEMBLY.  519 

Page  j                           *                                  Page 

33.  Act     Increasing     the     Fire  '  ing   Alleys   553 

Test  for  Coal  Oil,  &c.,  and  37.  Act  Repealing  Certain 
Providing  the  manner  of  Acts  Authorizing  Appro- 
Making  the  Same    549  priations     to      Fire     Com- 

34.  Act  Authorizing  the  Reg-  panies  and  Authorizing 
ulator  of  Weights  and  the  Execution  of  Con- 
Measures   to    Inspect    Milk                            tracts    •' •  •  •      553 

Cans    552  38.     Act      Relating      to      Motor 

35.  Act        Determining        the  Vehicles    554 

Standard  Measure  of  Milk  39.     Act    in     Relation    to    Ped- 


and   Cream    552 

36.     Act    to    License    Pool    and 
Billard    Rooms   and    Bowl- 


dlers    562 


AN  ACT  to  incorporate  the  Wilmington  Coal  Gas  Company 


1  10  D.  L.  575. 


Sec.  2.  That  the  corporation  hereby  created  is  so  created 
for  the  purpose,  and  for  such  purpose  shall  have  authority  of 
supplying-  with  gas,  to  light  the  town  of  Wilmington,  and  such 
individuals  residing  therein  as  may  desire  a  supply  of  the 
same  ******  with  the  right  to  enter  upon  any  pub-  p^^g^.  ^^ 
lie  street,  lane  or  highway,  for  the  purpose  of  laying  down  the  ®!^.*®'t"^°tc 
pipes  necessary  for  conducting  said  gas ;  and  to  repair,  alter 
and  inspect  the  same,  doing  as  little  damage  as  possible  to  the 
streets,  lanes  and  alleys,  and  repairing  the  injuries  that  may 
be  done  to  the  same,  with  as  little  delay  as  possible,  and  secur- 
ing the  citizens  from  accident  and  danger  whilst  so  laying 
down  or  repairing  their  pipes. 

Passed  at  Dover,  March  4,  1851. 


A  FURTHER  SUPPLEMENT  to  the  Act  entitled  "An  Act  ^^^^^  ,^^ 
to  incorporate  the  Wilmington  Coal  Gas  Company." 

Sec.  4.     That  the  prices  of  gas  shall  be  so  regulated  as  ^^^°®  °^  ^^^• 
that  the  dividends  upon  the  capital  stock  of  said  company  shall 
never  exceed  twelve  per  cent,  per  annum. 

*********** 
Passed  at  Dover,  January  30,  1867. 

1.  For  Supplement  to  this  Act.  see  11  D.  L..  Chap.  19,  p.  16.  See  also 
the  provisions  of  "An  Act  providing  for  a  General  Corporation  Law"  and 
amendments.     22  D.  L.  p.  75S,  Sees.  99,  102,  104  and  105. 


520 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


19  D.  L.  399.    ^  FURTHER  SUPPLEMENT  to  the  Act  entitled  ''An  Act  to 
i^e-incorporate  the  Wilmington  Coal  Gas  Company." 


Opening  of 
streets. 


Sec.  4.  The  said  "The  Wilmington  Coal  Gas  Company" 
shall  not  open  or  excavate  the  bed  of  anj^  street  of  the  City  of 
Wilmington  for  the  purpose  of  laying  gas  pipes  or  conductors 
therein,  without  first  obtaining  the  consent  of  the  duly  author- 
ized authorities  for  said  city;  provided,  however,  that  nothing 
herein  contained  shall  require  the  said  company  to  obtain  the 
consent  of  the  duly  authorized  authorities  of  said  city  before 
opening  or  excavating  the  bed  of  any  street  of  said  city  for  the 
purpose  of  repairing  any  gas  pipes  or  conductors  theretofore 
laid  in  such  street  by  said  company. 


Passed  at  Dover,  April  15, 1891. 


11  D.  L.  32.     AN  ACT  for  the  suppression  of  nuisances. 


Exhibiting  That  if  any  person  shall  exhibit  any  stallion  or  jack  upon 

stallions  or  "^    ^  '  •   i  •       .  i 

jacks  on         the  public  strccts,  lanes  or  alleys,  or  other  places  withm  the 

■DulDlic  streets' 

prohibited,  limits  of  any  city,  town  or  village  in  this  State,  he  shall  be 
deemed  guilty  of  a  misdemeanor ;  and  upon  conviction  there- 
of, shall  forfeit  and  pay  to  the  State  of  Delaware  a  fine  of  not 
less  than  ten  dollars,  and  not  more  than  twenty  dollars,  with 
costs  of  prosecution ;  the  same  to  be  recovered  by  indictment  or 
presentment  in  the  Court  of  General  Sessions  of  the  Peace  and 
Jail  Deliverv. 


Prosecution 
in  Court  of 
General 
Sessions. 


Passed  at  Dover,  February  9,  1853. 


D.  L.  45.     ^^'  -^GT  prohibiting  burials  in  the  grave  yard  of  ''The  Afri- 
can Union  Church,"  in  the  City  of  Wilmi7igton. 


Section  1.    That  after  the  first  day  of  January,  1862,  it 
shall  not  be  lawful  to   inter   or  bury  any   dead  body  in  the 


Burials  in 

African 

Union  »  i?   • 

Churchyard  ground  heretofore  used  and  now  occupied  by      The  African 

prohibited.       ® 


ACTS  OF  THE  GENERAL  ASSEMBIiY.  521 

Union  Church"  as  a  burial  place,  in  the  rear  of  their  meeting 
house,  and  fronting  on  the  easterly  side  of  King  street  above 
Eighth  street,  in  the  City  of  Wilmington. 

Sec.  2.    That  if  any  person  or  persons  shall,  after  the  first  Penalty  for 

•^   ^  ^  '  violation  of 

day  of  January,  1862,  inter  or  bury^  any  dead  body  in  the  law. 
burial  place  described  in  Section  1,  every  such  person  or  per- 
sons shall  be  deemed  guilty  of  a  misdemeanor,  and  forfeit  and 
pay  a  fine  of  twenty-five  dollars. 

Passed  at  Dover,  February  12,  1861. 


AX  ACT  concerning  certain  marsh  meadow  within  the  City  of  ^^  ^"  ^'  ^''"' 
Wilmington,  and  to  repeal  an  Act  therein  mentioned. 

Section  1.  An  Act  of  Assembly  made  in  the  twelfth  year 
of  the  reign  of  George  the  Third,  entitled  ' '  An  Act  to  enable  Act  repealed, 
the  owners  and  possessors  of  the  marsh  meadow  on  the  north 
side  of  the  Christiana  river,  in  the  Borough  of  Wilmington,  to 
keep  the  banks,  drains  and  sluices  in  repair,"  is  hereby  re- 
pealed. 

Sec.  2.    The  IMayor  and  Council  of  Wilmington  are  here- 
by authorized,  within  the  limits  of  the  marsh  meadow,  de- 
scribed in  the  first  section,   to   repair   the   banks,  sluices  and  and  repair- "^ 
drains,  and  to  open,    scour    and   cleanse   the   same,  and  new  sluices  and 
banks,  sluices  and  drains  to  construct  at  such  times  and  places 
as  to  them  may  seem  expedient.  They  shall  keep  a  just  account  Expenses 
of  the  expenses  incurred  under  authority  ©f  this  section,  and  upon  own- 
make  a  just  and  equitable  assessment  of  the  same  upon  the 
owners  of  property-  in  said  tract  of  marsh  meadow  in  propor-  portion  of 
tion  to  the  benefit  conferred  upon  each  lot  and  its  owner.    Pro-  ^^p^"^*^- 
vided,  however,  that  the  Mayor  and  Council  of  Wilmington 
shall  bear  a  proportion  of  the  expense  so  incurred,  equal  to  the 
benefit  accruing  to  the  city  by  reason  of  such  improvement.   If 
any  owner  shall  neglect  or  refuse  to  pgly  his  proportion  so  as- 
sessed for  the  space  of  thirty  days  after  presentation  of  a  bill 
for  the  same,  it  shall  be  lawful  for  the  Mayor  and  Council  of  collection 
Wilmington  to  recover  the  same  from  such  delinquent  as  debts  biiis. 
of  like  amount  are  recoverable  by  law. 

Passed  at  Dover,  JNIarch  5,  1861. 


522 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


12  D.  L.  159. 

Sees.  1  and  2, 
chapter  51, 
Revi.sed 
Code,  not 
applicable 
to  Wilming- 
ton. 

City  may 
regTilate  and 
license 
shows. 


AN  ACT  concerning  shows  in  the  City  of  Wilmington. 

Section  1.  Sections  1  and  2  of  Chapter  51  of  the  Revised 
Code  shall  not  hereafter  apply  to  the  City  of  Wilmington. 

Sec.  2.  The  City  Council  of  the  City  of  Wilmington  is 
hereby  authorized  to  pass  ordinances  to  regiilate  shows,  exhi- 
bitions and  public  representations  of  all  kinds  within  the  city, 
and  to  establish  and  receive  for  the  use  of  the  city  all  fees  for 
licenses  issued  to  the  same. 

Passed  at  Dover,  March  6.  1861. 


13  D.  L.  462.  A  FURTHER  SUPPLEMENT  to  the  Act  entitled  ''An  Act  to 
limit  the  city  debt  of  Wilmington,  and  to  provide  for  the 
discharge  thereof,"  passed  February  21,  1849. 


Condemna- 
tion of  land 
for  water 
works. 


11  D.  L.  415, 
to  apply. 


Elxception. 


Section  1.  In  case  The  Mayor  and  Council  of  Wilming- 
ton shall  be  unable  to  agree  with  the  owners  for  the  purchase 
of  such  land  as  may  be  required  for  the  purpose  of  from  time 
to  time  enlarging,  extending  and  improving  the  works  for  sup- 
plying water  to  said  city,  then  so  much  thereof  as  shall  be  re- 
quired for  such  purposes  may  be  condemned  and  taken  there- 
for in  the  same  manner  and  subject  to  the  same  conditions  and 
proceedings  as  are,  by  Section  23  of  Chapter  376  of  the  Laws 
of  this  State,  entitled  "An  Act  to  amend  the  Charter  of  the 
City  of  Wilmington,"  prescribed  for  condemning  and  taking 
land  for  the  extending,  widening,  laj-ing  out  or  opening  streets, 
except  that  the  commission  to  be  issued  shall  command  the 
freeholders  to  whom  it  shall  be  directed  to  assess  the  damages 
that  may  result  to  the  several  owner  or  owners  of  the  land  re- 
quired for  the  purpose  of  enlarging,  extending  and  improving 
the  works  for  supplying  water  to  the  City  of  Wilmington.  («) 

Passed  at  Dover.  April  2,  1869. 


(fl)    See  See.  116  of  the  Charter. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  523 

AN  ACT  authorizing  the  Mayor  and  Council  of  'SVilmington,'^^'^-'^'^'^^- 
to  lease  to  the  Philadelphia,  V^'ilmington  and  Baltimore 
Railroad  Company  certain  wharf  property,  for  a  period 
exceeding  ten  years. 

Section  1.    That  The  ]\Iayor  and  Council  of  Wilmington  fease  wSnut 
be  and  is  herebj^  authorized  to  lease  for  a  term  not  to  exceed  fo  |f^^r^&^ 
forty  years  from  and  after  the  25th  day  of  ]\Iarch,  A.  D.  1872,  foV^b^.e^'s. 
on  such  terms  as  it  shall  deem  advisable  to  the  Philadelphia, 
Wilmingion   and   Baltimore   Railroad   Company,   the   wharf 
property  situated  at  the  foot  of  Walnut  street,  in  the  City  of 
Wilmington,  extending  from  the  building  line  on  the  south-  limits. 
erlj'  side  of  Water  street  to  the  Christiana  river. 

Passed  at  Dover,  March  3,  1871. 


AN  ACT  granting  to  the  Mayor  and  Council  of  Wilmington,  i4  d.  l.  261. 
the  State's  right  in  a  certain  lot  and  building. 

Section  1.    That  all  the  right,  title,  interest,  claim  and  de-  Title  to 
mand  whatsoever,  legal  or  equitable  of  the  State  of  Delaware  emi^Mn^*^'  • 
of,  to,  and  in  the  lot  or  piece   of  land  known    as   the   "Old  ^ggtg^^n''^ 
Academy"  or  school  house  lot  in  the  Ninth  ward  of  the  Cit}'  of  ^^^'^' 
Wilmington,  formerly  a  part  of  the  village  of  Brandywine,  be 
and  the  same  is  hereby  given  and  granted  to  and  [vested]  in 
The  Mayor  and  Council  of  AVilmington,  and  their  successors 
and  assigns  to  and  for  the  sole  use  and  benefit  of  the  Ninth 
ward  of  the  City  of  Wilmington  forever,  with  all  the  build- 
ings and  improvements  thereon,  and  the  incidents  and  appur- 
tenances to  the  said  lot  appertaining  and  belonging,  be  the  con- 
tents and  descriptions  thereof  what  they  may. 

Passed  at  Dover,  March  23,  1871. 


AN  ACT  relating  to  taxes  for  county  and  municipal  purposes,  isd.  l.  456. 

Section  1.    That  all  the  real  estate  of  "The  Philadelphia,  Railroads 
Wilmington  and  Baltimore  Railroad  Company"  and  of  all  ject  to*^ 
other  railroad  corporations  within  this  State,  excepting  never-  municipal 
theless  such  real  estate  of  each  of  the  said  corporations  as  shall  ^^^  '°"' 
be  included  within  the  limits  of  the  rights  of  way,  or  roadbeds 


Proviso. 


524  ACTS  OF  THE  GENERAL  ASSEMBLY. 

of  their  respective  lines  of  railroad,  shall  be  subject  to  taxation 
and  assessment  for  county  and  municipal  purposes  in  the  same 
manner  as  other  like  property  of  individuals  is  subject  thereto 
for  like  purposes,  any  provisions  of  any  existing  law  or  laws  to 
the  contrary  notwithstanding  •,provided,  however,  that  any 
building'  erected  in  whole  or  in  part  within  the  limits  of  any 
such  right  of  way  or  roadbed  shall  not  by  reason  of  the  excep- 
tion herein  made  be  exempted  from  assessment  and  taxation, 
although  the  land  upon  which  building  shall  be  wholh',  or  in 
part,  located,  is  by  this  Act  expressly  exempted  therefrom.  («) 

Passed  at  Dover,  INIarch  31,  1887. 

(a)  The  Court,  in  the  ease  below  cited,  held,  the  Constitution  of 
1897  did  not  repeal  the  above  statute.  It  could  have  been  passed  after 
the  Constitution  went  into  effect,  and,  therefore,  it  was  not  affected  by 
the  Constitution. 

Boyce,  J.:  " And  it  seems  to  us  quite  obvious  that  if  the  existing 
statute  may  be  re-enacted  without  violating  some  pro- 
hibition of  the  Constitution,  either  express  or  implied,  then  there  is  no 
repugnancy  between  the  Act  and  the  Constitution.  And  this  being  so 
the  Act  is  not  unconstitutional,  and  not  having  been  repealed,  it  con- 
tinues in  full  force  and  operation. ' ' 

Sayers  vs.  W.  &  N.  E.  R.  Co.,  3  Peun.  249  at  258.   (yr.  1901) 


18D.  L.  887.    ^y  ACT  to  prevent  bogus  sales  witliin  the  City  of  Wilming- 
ton. 

Unlawful  to 

v^rtfse  goods  Section  1.    It  shall  not  be  lawful  for  any  person  engaged 

Wilmington.  ^^  the  Sale  of  any   goods,    wares   or   merchandise,  within  the 
Act  of  Feb.     [State  of  Delaware]  to  publicly  and  falsely,  and  with  intent  to 
D.  L.  90.         deceive  the  general  buying  public,  advertise  or  otherwise  rep- 
resent that  such  goods,  wares  or  merchandise  are  or  were  either 
in  whole  or  part  the  property  of  any  insolvent  or  bankrupt  or 
the  assignee  of  any  insolvent  or  bankrupt,  or  that  such  goods. 
Act  of  A  rii   wares  or  merchandise  were  either  in  whole  or  in  part  damaged 
DL  ^687^°      by  fire  or  accident  of  any  kind,  [nor  shall  it  be  lawful  for  any 
Special  sale    persou  to  engage  in  the  sale  of  any  goods,  wares  or  merchan- 
chandise.       disc,  withiu  the  corporate  limits  of  the  City  of  Wilmington, 
which  shall  have  been  brought  to  said  city  or  consigned  to  any 
person  in  said  city,  for  the  purpose  of  the  special  sale  thereof, 
as  a  removed  stock  of  goods,  or  for  the  purpose  of  any  sale 
thereof  in  any  other  than  a  regular  business  manner,  by  regu- 
Proviso.         i^j,  established  merchants  of  the  said  city ;  provided,  that  this 


ACTS  OF  THE  GENERAL  ASSEMBLY.  525 

act  shall  uot  be  so  construed  as  to  prevent  anj-  person  from 
embarking  in  the  regular  business  of  a  merchant  by  any  other 
method  than  those  herein  or  elsewhere  in  the  laws  of  this  State 
prohibited.    A)id  provided  further  that  the  provisions  of  this  ^ther^^'^'" 


act  shall  not  apply  to  goods  and  chattels  shipped  to  said  city  ^g-^®'^" 


points 
a- 
are  not 

from  other  points  of  the  State  of  Delaware.]  Any  person  of-  '"ciuded. 
fending  against  the  provisions  of  this  section  shall  be  deemed  pg^^^j^ , 
guilty  of  a  misdemeanor  and  upon  conviction  shall  forfeit  and 
pay  a  fine  of  one  hundred  dollars.  Upon  the  trial  of  any  per- 
son for  a  violation  of  the  provisions  of  this  section  the  intent  to 
deceive  the  general  buying  public  shall  be  presumed  where 
proof  is  made  of  a  public  and  false  advertisement  or  represen- 
tation aforesaid. 

Passed  at  Dover,  April  23,  1S89. 


AX  ACT  respecting  a  free  lihrary  and  to  increase  the  useful- 
ness of  the  scliools  of  Wilmington. 

Whereas,  It  is  proposed  to  make  the  library  and  reading  preamble, 
rooms  of  the  Wilmington  Institute,  under  such  regulations  as 
the  Managers  of  the  said  Institute  may  adopt,  free  for  the  use 
of  citizens  of  Wilmington,  and  as  the  free  use  of  the  library  in 
connection  with  schools  will  add  to  their  value,  therefore. 


Section  1.     That  from  and  after  such  tniie  as  the  Wil-  Board  of 

T         ■  1      11  •        T,  IT  ^     Public  Edu- 

mmgton  institute  shall  cause  its  library  and' reading  rooms  to  cation  au- 

,  -  r>     •    ■  t>  -vTT-i      •  T     1     n    JT  thorized  to 

be  open  to  the  use  of  citizens  of  Wilmington,  and  shall  there-  make  certain 

„  -  ,  .   .  .    .  payments 

atter  keep  the  same    open,    without    requiring  any  payment  on  happen- 

J  .        ill*'*  of  c^r— 

from  individuals  therefor ;  and  shall  apply  the  entire  net  in-  tatn  events. 
come  from  the  property  of  the  Institute  to  be  used  in  their 
management,  maintenance  and  extension ;  and  shall  cause  the 
accounts  of  its  treasurer  to  be  open  to  the  inspection  and  audit 
of  the  State  Auditor ;  and  also  shall  make  the  Mayor,  and  the 
President  of  the  Council,  the  Chairman  of  the  Finance  Com- 
mittee of  the  Council,  the  President  of  the  Board  of  Public 
Education,  the  Chairman  of  the  Committee  on  Teachers  of  said 
board  and  the  Superintendent  of  Public  Schools,  all  of  the 
City  of  Wilmington,  members  of  its  Board  of  ^Managers ;  and 


526 


ACTS  OE'  THE  GENERAL  ASSEMBLY. 


Mayor  and 
Council  of 
Wilmington 
to  pay  a 
sum 

monthly. 
Act  of  April 
7.  1909,  25 
D.  L.  188. 


Amount. 


Proviso. 

Basis  for  de- 
termining 
amount  to 
be  raised. 
Act  of  April 
7,  1909.  25 
D.  L.  188. 

Estimates, 
how  made. 

Payments, 
when  and 
how  made. 


Exemption 
from  taxa- 
tion. 


after  the  Council  of  Wilmington  shall  by  resolution  have  ac- 
cepted the  provisions  of  this  Act,  [The  Mayor  and  Council  of 
Wilmington  shall  pay  monthly  to  said  Institute  a  sum  ('^)  to  be 
used  in  the  management,  maintenance,  and  extension  of  such 
Free  Library  and  Reading  Rooms]  it  shall  be  the  duty  of  said 
Board  of  Public  Education  to  pay  monthly  to  said  Institute, 
on  or  before  the  twentieth  day  of  each  month,  a  sum  to  be  used 
in  the  management,  maintenance  and  extension  of  such  free 
library  and  reading  rooms. 

(a)  As  to  the  right  of  the  city  to  make  appropriations  (since  the 
Constitution  of  1897),  see  Sec.  31  "a,"  paragraph  4  of  the  Charter. 
Page  60  this  volume.   (Ferris  Industrial  School  vs.  Levy  Court.) 

Sec.  2.  The  sum  to  be  paid,  as  provided  in  Section  1,  shall 
be,  during  the  first  year,  at  the  rate  of  five  thousand  dollars  a 
year,  and  shall  increase  each  year  thereafter  by  an  addition  of 
five  per  cent,  of  the  amount  paid  during  the  preceding  year, 
provided  such  increase  shall  not  at  any  time  make  the  amount 
paid  in  a  month  greater  than  a  sum  equal  to  [one  and  one-half 
cents  for  each  inhabitant  of  Wilmington;  in  which  case  the 
sum  to  be  so  paid  shall  be  equal  to  one  and  one-half  cents  for 
each  inhabitant  of  said  city. 

The  estimates  of  the  number  of  inhabitants  shall  be  made 
as  the  City  Council  of  Wilmington  shall  direct.  The  payments 
shall  be  made  to  the  Wilmington  Institute  at  dates  not  later 
than  the  10th  of  the  calendar  month  on  orders  issued  by  direc- 
tion of  the  City  Council.] 

Sec.  3.  That  after  the  library  and  reading  rooms  of  the 
Wilmington  Institute  shall  have  been  made  free,  in  accordance 
with  the  provisions  of  this  Act,  the  property  of  said  Institute 
used  by  or  for  the  benefit  of  the  library  and  reading  rooms 
shall  be  exempt  from  all  taxes  imposed  by  authority  of  the 
State  of  Delaware. 


By-laws.  Qec.  4.     That  the  Managers  of  the  said  Institute  shall 

have  power  to  make  by-laws  and  rules  («)  for  the  government 
of  the  library  and  reading  rooms. 

Passed  at  Dover,  April  26,  1893. 

(o)    See,  as  to  the  meaning  of  "rules,"  Sec.  76,  "a"  of  the  Charter. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  527 

A  SUPPLEMENT,  to  an  Act  entitled  ''An  Act  respecting  a22D.  l.  687. 
Free  Library  and  to  increase  the  usefulness  of  the  Schools 
of  Wilmington,"  passed  April  26,  1893,  being  Chapter 
734,  Volume  19,  Delavjare  Laws,  authorizing  larger  pay- 
ments by  the  Mayor  and  Council  of  Wilmington  toward 
the  support  of  free  libraries  and  reading  rooms  in  the 
City  of  Wilmington. 


Section  1.    The  JMayor  and  Council  of  Wilmington  is  Mayor  and 
hereby  authorized  and  empowered  to  enter  into  further  con-  Wilmington 
tinuous  or  perpetual  contracts  with  the  Wilmington  Institute,  additional 
by  ordinance  of  Council  approved  by  the  Mayor,  respecting  money  to  the 
payments  of  money  toward  the  support  of  free  libraries  and  institute. 
reading  rooms  in  the  City  of  Wilmington  beyond  and  besides, 
or  instead  of,  the  payment  provided  for  in  the  Act  to  which 
this  is  a  supplement. 

Sec.  2.  The  Mayor  and  Council  of  Wilmington  is  hereby  ^uh  an"'^'^^^'^ 
authorized  and  empowered  to  enter  into  continuous  or  per-  i^s^'itute*^^^ 
petual  contracts  by  ordinance  of  Council  approved  by  the 
Mayor  with  a  party  or  parties  designated  by  the  Wilmington 
Institute  respecting  payments  of  money  to  be  made  toward  the 
support  of  free  libraries  and  reading  rooms  in  the  City  of  Wil- 
mington. 

Approved  March  26,  A.  D.  1903. 


AN  ACT  to  incorporate  the   Young  Men's  Association  /or  ii  d.  l.  35s. 
Mutual  Lmprovement  of  the  City  of  Wilmington. 

Section  1.  That  the  members  of  the  Young  Men's  Asso- 
ciation for  Mutual  Improvement,  of  the  City  of  Wilmington, 
and  all  persons  who  shall  hereafter  be  associated  Avith  them, 
are  hereby  created  a  body  corporate  by  the  name  of  ' '  The  corporate 
Young  Men's  Association  for  Mutual  Improvement,  of  the 
City  of  Wilmington,"  for  the  purpose  of  establishing  and  Objects  of 

.     .  T,  ,.  ,.  -I       •         ■  1^     -I         association. 

maintaining  a  library,  reading  room,  literary  and  scientmc  lec- 
tures, debates  and  other  means  of  promoting  moral  and  intel- 
lectual improvement,  with  power  for  such  purposes  to  take  by 


528 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


Amount  of 
property. 


Act  of  April 
24,  1893. 


Control  of 
funds;  in 
whom 
vested. 


Annual 
election. 


14  D.  L.  363. 


purchase,  devise  or  otherwise  and  to  hold,  transfer  and  convey 
real  and  personal  property  to  the  amount  of  fifty  thousand 
dollars;  and  also  further,  to  take,  hold  and  convey  all  such 
books,  cabinets,  library,  furniture  and  apparatus  as  may  be 
necessary  for  attaining  the  objects  and  carrying  into  effect  the 
purposes  of  said  corporation. 

[Sec.  2.  That  the  control  of  the  funds,  property  and  es- 
tate, and  the  direction  and  management  of  the  concerns  of  said 
corporation  shall  be  vested  in  a  board  of  sixteen  managers,  to 
consist  of  the  Mayor,  President  of  City  Council,  Chairman  of 
the  Finance  Committee  of  City  Council,  President  of  the 
Board  of  Public  Education,  Chairman  of  the  Committee  on 
Teachers  of  said  board  and  the  Superintendent  of  Public 
Schools,  all  of  the  City  of  Wilmington,  and  ten  other  persons 
to  be  elected  by  the  stockholders  of  the  Wilmington  Institute.] 

Sec.  3.  That  the  several  officers  of  the  said  association,  at 
the  time  of  the  passage  of  this  Act,  shall  continue  to  hold  their 
respective  offices  as  officers  of  the  corporation  hereby'  created, 
until  the  next  annual  election,  unless  in  case  of  a  vacancy  pre- 
viously' occurring  by  death,  resignation  or  otherwise;  and  all 
personal  property  or  funds  or  securities  now  held  by  the  said 
officers  or  either  or  any  of  them,  or  any  other  person  or  persons 
in  trust  for  the  said  association  or  for  the  use  and  benefit  of  the 
same,  including  choses  in  action,  which  by  the  terms  thereof 
are  payable  to  either  or  any  of  the  said  officers  or  to  any  other 
person  or  persons  in  trust  for  the  said  association,  shall,  by  vir- 
tue of  this  Act,  vest  in  and  become  the  property  of  and  may  be 
sued  for  and  recovered  in  the  name  of  the  corporation  hereby 
created ;  and  the  said  corporation  shall  assume  and  be  liable 
for  all  contracts,  agreements  and  responsibilities  which  have 
been  entered  into  or  incurred  previous  to  the  passage  of  this 
Act  by  the  officers  of  the  said  association  or  any  of  them  law- 
fully acting  in  behalf  of  said  association. 

Sec.  4.  That  the  annual  election  for  officers  of  the  said 
corporation  shall  be  held  on  the  fi.rst  Tuesday  of  February  in 
each  year  or  on  such  other  day  as  the  said  corporation  in  and 
by  its  [by-laws]  may  appoint. 


ACTS  OP  THE  GENERAL  ASSEMBLY.  529 

Sec.  5.    That  the  executive  committee  shall  have  power  to  fff^^ftJ'e^e 
till  all  vacancies  which  may  occur  in  any  of  the  offices  of  the  §°^|g®  ^^^ 
said  corporation,  and  to  appoint  and  at  pleasure  remove  such 
other  officers,  agents  or  servants  as  the  business  or  interests  of 
the  said  corporation  may  in  their  opinion  require. 

Sec.  6.     That  the  estate,  property  and  funds  of  the  said  Funds,  how 
corporation  shall  be  devoted  solely  to  the  general  purposes  and 
objects  specified  in  the  first  section  of  this  Act. 

Sec.  7.  That  this  Act  shall  be  deemed  and  taken  to  be 
public ;  and  the  power  to  revoke  this  charter  is  hereby  reserved 
to  the  Legislature. 

Passed  at  Dover,  February  10,  1857. 


A  SUPPLEMENT  to  the  Act  entitled  "An  Act  to  incorporate  ^^  j^  l.  604. 
the  Young  Men's  Association  for  Mutual  Improvement  of 
the  City  of  Wilmington." 

Section  1.     That  the  name  and  stvle  of  the  corporation  ^^ 

'■  Name 

created  by  the  Act  to  which  this  is  a  supplement,  be  and  the  changed  to 

"^  ,,  Wilmington 

same  is  hereby  changed  from  that  of  The  Young  Men's  Asso-  institute. 
elation  for  Mutual  Improvement,  of  the  City  of  Wilmington, ' ' 
to  that  of  "The  Wilmington  Institute,"  («)  by  which  last  men- 
tioned name  the  said  corporation  shall  continue  to  have  suc- 
cession for  the  purposes  named  in  the  Act  aforesaid,  and  with 
all  the  powers  and  franchises  incident  to  a  corporation  under 
the  laws  of  the  State  of  Delaware. 

(a)  An  indictment  charged  the  defendant  with  the  larceny  of  cer- 
tain books  "of  the  goods  and  chattels  of  the  Wilmington  Institute,"  &c. 
The  indictment  did  not  state  that  the  ' '  Wilmington  Institute ' '  was  a 
corporation.  The  Court  held  it  was  not  necessary  to  charge  it  was  a 
corporation. 

"In  an  indictment  for  larceny,  where  the  name  of  the  corporation 
is  stated  as  owner  of  the  property,  there  need  be  no  averment  that  it  is  a 
corporation."  (syllabus) 

State  vs.  Eollo,  3  Penn.  421  at  422.  (yr.  1901) 

Sec.  2.     That  the  members  at  present  being  of  ' '  The  Li-  certain 

ris"lits 

brary  Company  of  Wilmington"  shall  be  members  of  the  cor-  vested, 
poration  created  by  the  act  to  which  this  is  a  supplement,  and 
the  said  membership  shall  be  perpetuated,  governed  or  dis- 


530 


ACTS  OP  THE  GENERAL  ASSEMBLY. 


Misnomer 
in  deed, 
will,  etc. 


solved  according-  to  the  constitution  and  by-laws  of  the  said 
corporation,  and  that  all  the  immunities  and  franchises,  and 
all  the  rights,  properties  and  effects,  credits  and  dues  belong- 
ing to  the  said  ' '  The  Library  Company  of  Wilmington, ' '  shall 
be  and  are  hereby  vested  in  the  aforesaid  corporation,  herein 
named  and  styled  ' '  The  Wilmington  Institute. ' ' 

Sec.  3.  That  no  misnomer  of  the  corporation  created  by 
the  act  to  which  this  is  a  supplement,  in  any  deed,  will,  testa- 
ment, gift,  grant,  demise,  contract,  or  other  instrument,  shall 
avoid  or  vitiate  the  same;  provided,  there  be  sufficient  to  as- 
certain the  intent  of  the  parties. 

Sec.  4.  That  this  Act  shall  take  effect  from  the  day  of  its 
passage ;  it  shall  also  be  deemed  and  taken  to  be  public,  and 
shall  continue  in  force  for  twenty  years,  unless  sooner  revoked 
by  the  Legislature. 

Passed  at  Dover,  January  27,  1859. 


14  D.  L.  363. 


Capital 
stock;  how 
constituted 
and  divided. 


Certificates. 


A  FURTHER  SUPPLEMENT  to  the  Act  entitled  ''An  Act 
to  incorporate  the  Young  Men's  Association  for  Mutual 
Improvement,  of  the  City  of  Wilmington." 

Section  1.  That  all  property,  real  and  personal,  now 
held  and  owned  by  the  Wilmington  Institute,  the  corporation 
mentioned  in  the  Act  to  which  this  is  a  supplement,  including 
the  equitable  interest  in  certain  real  estate  now  held  bj^  trus- 
tees for  the  benefit  of  said  corporation  shall,  from  and  after 
the  passage  of  this  Act,  constitute  a  capital  stock,  to  be  di- 
vided into  three  thousand  shares  of  ten  dollars  each,  with  the 
privilege  of  increasing  the  same  from  time  to  time  by  a  vote  of 
the  stockholders,  so  that  the  value  of  its  property  shall  not  ex- 
ceed the  sum  of  one  hundred  and  fifty  thousand  dollars.  That 
it  shall  be  the  duty  of  the  executive  committee  of  said  corpora- 
tion to  issue  to  each  member  of  the  said  corporation  a  certifi- 
cate of  the  pro  rata  number  of  shares  of  said  stock  to  which  he 
is  entitled,  counting  each  life  member  equal  to  two  annual 
members,  and  each  perpetual  member  equal  to  three  annual 
members.  That  each  share  of  stock,  except  one  share  to  be  held 


ACTS  OF  THE  GENERAL  ASSEMBLY.  531 

by  each  perpetual  and  life  member  shall  be  subject  to  such 
semi-annual  or  other  tax  as  may  be  provided  in  the  by-laws,  Jif^j-e" 
and  any  share  of  stock  upon  which  the  tax  for  a  period  of  six 
months  shall  not  be  paid  within  one  year  from  the  passage  of 
this  Act  shall  be  forfeited  to  the  corporation.  Shares  of  capi- 
tal stock  shall  be  personal  estate,  and  the  same  shall  be  certi- 
fied, held  and  assigned,  or  forfeited  for  non-payment  of  dues 
according  to  the  provisions  of  the  by-laws. 


Sec.  6.  That  this  Act  shall  be  deemed  and  taken  to  be  a 
public  Act,  and  the  power  to  revoke  the  same  is  reserved  to  the 
Legislature. 

Passed  at  Dover,  March  7,  1873. 


A  FURTHER  SUPPLEMENT  to  the  Act  entitled  ''An  Ad  to 
incorporate  the  Young  Men's  Association  for  mutual  im- 
provement of  the  City  of  Wilmington." 


Sec.  3.    The  terms  of  the  several  officers  and  directors  of  Terms  of 

officers  ex- 

the  said  corporation,  under  its  present  organization  shall  ex-  pire,  when. 
pire  upon  the  acceptance  of  this  Act,  and  the  election  of  ten 
managers  as  provided  for  in  Section  1.     The  terms  of  the  ten 
first  elected  under  the  provisions  of  this  Act  shall  expire,  two  „ 

'-  .  .  .        Expiration 

each  year  on  the  second  IMonday  in  April  of  five  successive  of  terms  of 

.  managers. 

years ;  and  elections  to  fill  vacancies  thus  occurring  shall  be  for 
terms  of  five  years. 

Sec.  4.    The  Executive  Committee  shall  have  power  to  fill  vacancies, 
vacancies  for  unexpired  terms  of  any  of  said  elected  members. 


Sec.  5.     That  from  and  after  the  acceptance  of  this  Act  Eiectic 
L  share  of  st 
at  all  elections. 


each  share  of  stock  shall  entitle  the  holder  thereof  to  one  vote  vote.'^^'^ 


532 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Power  to 
adopt  by- 
laws. 


Sec.  6.  That  from  and  after  the  acceptance  of  this  Act, 
and  the  organization  of  a  Board  of  Managers,  as  provided 
herein,  such  Board  of  Managers  shall  have  power  to  adopt  new 
by-laws  for  the  corporation,  and  the  same  to  repeal,  revoke  or 
alter,  by  a  vote  of  a  majority  of  the  whole  board  at  two  suc- 
cessive stated  meetings. 


Sec.  7.  That  this  Act  shall  be  deemed  and  taken  to  be  a 
private  Act,  and  the  power  to  revoke  the  same  is  reserved  to 
the  Legislature. 

Passed  at  Dover,  April  24,  1893. 


20D.  L.  96.  AX  ACT  relative  to  Bonds,  Undertakings,  and  other  Ohliga- 
tions  with  Surety  or  Sureties,  to  the  acceptance  as  Surety 
or  Guarantor  there\ipon  of  Companies  qualified  to  act  as 
such,  and  to  provide  a  uniform  System  of  procedure  hy 
and  Standard  of  Qualification  for  sucli  Companies. 


Surety  com- 
pany may 
become 
surety  in 
any  case. 


And  may  be 
sufficient 
alone 
whether 
such  case 
requires  one 
or  more 
sureties. 


And  also 
■when  free- 
hold or  resi- 
dent surety 
is  required. 


Section  1.  Whenever  any  bond,  undertaking,  recogni- 
zance or  other  obligation  is  by  law  or  the  charter,  ordinances, 
rules  or  regulations  of  any  municipality,  board,  body,  organi- 
zation or  public  officer,  required  or  permitted  to  be  made, 
given,  tendered  or  filed  with  surety  or  sureties,  and  whenever 
the  performance  of  any  act,  duty  or  obligation,  or  the  refrain- 
ing from  any  act,  is  required  or  permitted  to  be  guaranteed, 
such  bond,  undertaking,  obligation,  recognizance  or  guarantee 
may  be  executed  by  a  surety  company  qualified  to  act  as  surety 
or  guarantor  as  hereinafter  provided;  and  such  execution  by 
such  company  of  such  bond,  undertaking,  obligation,  recogni- 
zance or  guarantee  shall  be  in  all  respects  a  full  and  complete 
compliance  with  every  requirement  of  every  law,  charter,  ordi- 
nance, rule  or  regulation  that  such  bond,  undertaking,  obliga- 
tion, recognizance  or  guarantee  shall  be  executed  by  one  surety 
or  bv  one  or  more  sureties,  or  that  such  sureties  shall  be  resi- 


ACTS   OF  THE  GENERAL  ASSEMBLY.  533 

dents  or  freeholders,  or  either  or  both,  or  possess  any  other 
qualification  and  shall  be  accordingly  accepted  and  treated.^ 


Certificate 
rom  insur- 


Sec.  3.    Upon  production  of  proof  to  the  Insurance  Com-  ^,^ 
missioner  of  this  State  by  any  company  organized  under  the  n"ssioner' 
laws  of  any  other  State  than  this  State  that  it  possesses  the  to  ^ct  as^"^ 
qualifications  by  this  act  required  and  that  it  has  in  all  re-  surety. 
spects  complied  therewith,  he  shall  issue  to  such  company  and 
to  each  of  its  agents  in  this  State  a  certificate  that  it  is  author- 
ized to  become  and  be  accepted  as  sole  surety  on  all  bonds,  un- 
dertakings and  obligations,  required  or  permitted  by  law,  or 
the  charter,  ordinances,  rules  and  regulations  of  any  munici- 
pality, board,  body,  organization  or  public  officer,  which  said 
certificate  shall  be  prima  facie  evidence  of  such  company's 
right  to  do  business  in  this  State;  provided,  lioivever,  that  no  j^t^ power 
such  company  as  aforesaid,  by  virtue  of  this  act,  shall  within  granted  ex- 
the  limits   of   this    State,   by   implication  or  construction,  be  as^sure^^* 
deemed  to  possess  the  power  to  act  in  the  capacity  of  executor, 
administrator,  guardian,  trustee,  receiver,  assignee,  or  agent, 
or  in  any  other  capacity  than  that  of  surety,  anything  in  its 
charter  or  articles  of  incorporation  to  the  contrary  hereof  not- 
withstanding ;  and  provided  further,  that  all  certificates  issued  o^insumnce 
by  the  Insurance  Commissioner  of  this  State  under  the  pro-  sionerTo 
visions  of  this  act  shall  expressly  set  forth  the  limitations  and  restriction's, 
restrictions  contained  in  the  preceding  proviso. 

^  ^  ^  =J{j  ^I-  ^  ^  ^  #  ^  ^ 

Passed  at  Dover,  May  6,  1895. 


AN  ACT  to  amend  the  charter  of  "St.  MichaeVs  Daij  Nursery  ^'^i-  20>  ii6. 
and  Hospital  for  Bahies." 


Sec.  2.     That  the  corporation  is  hereby  authorized  and  fJn'years*^^ 
empowered,  with  the  consent  of  the  managers  of  the  corpora-  mme'd^to^its' 


1.     Expense  of  Surety  Company  bonds  given  by  certain  municipal  of- 
ficers to  be  paid  by  municipality.     25  D.  L,   Sec.  3,  p.   296. 


534 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


tion,  to  take  and  receive  into  its  custody,  care  and  control  any 
child  under  the  age  of  ten  years,  who  may  be  committed  or 
bound  to  it  by  any  person,  or  by  any  court  of  record  or  justice 
of  the  peace  of  the  State  of  Delaware  pursuant  to  any  law  of 
the  State  of  Delaware,  and  every  court  of  record  and  justice 
of  the  peace  of  the  State  of  Delaware  is  hereby  authorized  and 
empowered  to  commit  or  bind  to  said  corporation,  with  the 
consent  of  the  managers  of  said  corporation,  any  child  under 
the  age  of  ten  years  which  by  any  law  of  the  State  of  Dela- 
ware may  be  committed  or  bound  to  any  orphan  asylum,  chari- 
table or  other  organization  or  institution  in.  the  State  of  Dela- 
ware for  the  care  of  children. 


Passed  at  Dover,  March  14,  1895. 


20  D.  L.  240. 
Appendix. 


Aiding  girls 
in  escape 
from  Indus- 
trial School 
for  Girls. 
misde- 
meanor. 


Fine. 


^AN  ACT  to  prevent  the  aiding  or  liarhoring  of  girls  escaping 
from  The  Delaware  Industrial  School  for  Girls. 

Section  1.  That  if  any  person  shall  knowingly  advise, 
promote  or  aid  in  the  escape  or  running  away  of  any  girl  from 
the  guardianship  or  custody  of  the  managers  of  The  Delaware 
Industrial  School  for  girls,  or  shall  knowingly  harbor  or  con- 
ceal, or  aid  in  harboring  or  concealing,  any  girl  who  has  es- 
caped from  the  guardianship  or  custody  of  the  said  managers 
after  such  girl  has  been  regularly  committed  thereto,  every 
such  person  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall,  on  conviction  thereof  before  any  justice  of  the  peace  in 
the  county  wherein  the  said  offence  has  been  committed  or  be- 
fore the  municipal  judge  of  the  City  of  Wilmington,  be  fined 
not  less  than  ten  or  more  than  one  hundred  dollars,  to  be  paid 
to  the  treasurer  of  said  school  for  the  use  thereof. 

Passed  at  Dover,  April  29,  1895. 


1.  This  Act  was  not  duly  enrolled  and  signed  by  the  Speakers  of  the 
respective  branches  of  the  General  Assembly,  but  is  published  in  the  ap- 
pendix to  Volurhe  20  of  Laws  of  Delaware. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  535 

AX  ACT  to  prevent  tJie  display  of  any  Foreign  Flags  on  Pub-  -'^  ^-  ^-  ^'^^■ 
lie  Buildings. 

Section  1.    It  shall  not  be  lawful  to  display  the  flag  or  Foreign  flag 

not  to  be 

emblem  of  any  foreign  country  upon  State,  county,  town  or  displayed  on 
"^  J      t'  !  J  J  public  build- 

municipal  building;  provided,  however,  that  whenever  any  ing. 

foreigner  shall  become  the  official  guest  of  the  United  States,    ^^^"^  '°"" 

the  State  or  of  any  city,  upon  public  proclamation  by  the 

President  of  the  United  States,  by  the  Governor,  or  the  Mayor 

of  such  city,  the  flag  of  the  country  of  which  such  public  guest 

shall  be  a  citizen  may  be  displayed  upon  such  buildings. 

Sec.  2.     Any  person  violating  the  provisions  of  this  act  Punishment. 
shall  be  punished  by  a  fine  of  not  less  than  twenty-five  nor 
more  than  fifty  dollars. 

Passed  at  Dover,  February  26,  1895. 


AN  ACT  in  relation  to  Auctions  and  Auctioneers  in  the  City  '      •    •  9  • 
■  of  Wilmington. 

Section  1.    That  the  The  Mayor  and  Council  of  Wilming-  ^j^'^^JSc- 
ton  be  and  they  hereby  are  empowered  to  license,  tax  and  regTi-  cense' &c' 
late  («)  auctions  and  auctioneers  in  and  for  the  City  of  Wil- 
mington in  such  manner  as  the  City  Council,  by  ordinance, 
shall  prescribe. 

Passed  at  Dover,  i\Iay  29,  1897. 

(a)  Section  31  of  the  Charter  gives  "The  Council"  the  power  to 
enact  ordinances  ' '  to  provide  for  the  regulation  of  auctions  and  auc- 
tioneers. ' ' 

The  above  provision  gives  the  power  to  license  and  tax  auctioneers, 
as  well  as  to  regulate  them.  In  the  year  1896  the  Superior  Court,  in  the 
case  of  Gray  vs.  Wil.,  2  Marv.  257  (yr.  1896),  decided  that  "The  Coun- 
cil," under  Sec.  31  of  the  Charter,  had  not  power  to  license  milk  dealers. 
About  the  same  time,  one  Drake,  had  been  arrested  for  acting  as  auc- 
tioneer without  a  license.  The  decision  in  the  Gray  ease  made  clear  the 
powers  of  "The  Council,"  and  in  1897  the  above  law  was  passed  in  re- 
gard to  auctions  and  auctioneers. 

(See  Sec.  31,  "j,"  of  the  Charter.) 


AN  ACT  in  relation  to  Certain  Fines.  .  20  d.  l.  714. 

Section  1.    Hereafter  one-half  of  all  the  fines,  penalties 
and  forfeitures  imposed  and  collected  in  any  county  of  this 


536 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


der^society^'  ^^ate  where  the  evidence  to  secure  the  conviction  shall  be  pro- 
of  wnming-  duced  and  furnished  by  the  Law  and  Order  Society  («)  of  Wil- 
haiFof  fines  i^i^igton,  Delaware,  a  corporation  of  the  State  of  Delaware,  or 
when.  its  agent  or  agents,  shall  inure  and  be  paid  to  such  society  in 

aid  of  the  purposes  for  which  it  was  incorporated. 

(a)   Fines  ordinarily  are  paid  into  the  city  treasury  for  the  use  of 

the  city. 

See  as  to  the  above  law,  Sec.  148  "a"  of  the  Charter,  and  the  case  of 
Law  and  Order  Society  vs.  Mayor  and  Council  of  Wil.,  4  Penn.  366 

at  367.   (yr.  1903) 

Sec.  2.     All  acts  or  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed. 

Passed  at  Dover,  May  26,  1S97. 


20  D.  L.  272. 
Appendix. 


Disorderly 
house  or 
house  of  ill- 
fame. 

Nuisance. 


Fine. 


Imprison- 
ment. 


Liens  upon 
premises. 


^AN  ACT  in  relation  to  Disorderly  Houses  and  Houses  of  Hl- 
Fame  and  Assignation. 

Section  1.  Any  person  who  keeps  or  has  any  interest  in 
keeping  a  house  of  ill-fame  or  assignation  of  any  description, 
or  a  house  or  place  for  persons  to  visit  for  unlaw^ful  sexual 
tercourse,  or  for  any  sexual,  obscene  or  indecent  purpose 
or  a  disorderly  house  («)  or  any  place  or  public  resort  by 
which  the  peace,  comfort  or  decency  of  a  neighborhood  is 
disturbed,  shall  be  guilty  of  a  nuisance,  and  upon  convic- 
tion thereof  shall  forfeit  and  pay  a  tine  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars,  and  in 
default  of  pajTiient  of  such  fine,  together  ynt\\  costs,  shall 
be  imprisoned  in  the  county  jail  for  the  term  of  two  months, 
and  upon  a  second  or  any  subsequent  conviction  thereof 
shall  forfeit  and  pay  a  fine  of  not  less  than  one  hundred 
dollars,  nor  more  than  two  hundred  dollars,  or  to  be  im- 
prisoned not  more  than  six  months,  or  both,  at  the  discretion 
of  the  court.  In  default  of  payment  of  the  fine  imposed  upon 
such  second  or  any  subsequent  conviction,  together  with  costs, 
the  same  shall  be  a  lien  upon  the  premises,  where  such  nui- 


1.  This  Act  was  not  duly  enrolled  and  signed  hy  the  Speakers  of  the  re- 
spective branches  of  the  General  Assembly  but  is  published  in  the  appen- 
dix to  Vol.  20. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  537 

sance  was  committed;  provided,  that  the  owner  or  agent  of  P'"°"^'i^°- 
such  premises  shall  have  been  notified  that  such  nuisance  has 
been  committed,  and  such  lien  shall  be  properly  recorded  and 
indexed  by  the  clerk  of  the  court  where  such  conviction  shall 
be  had,  and  may  be  collected  by  proper  execution  process.   The 
Municipal  Court  of  the  City  of  Wilmington  shall  have  juris-  jurisdiction, 
diction  in  all  cases  of  violation  of  this  section  occurring  within 
the  said  city.     The  sheriff,  or  in  the  City  of  Wihnington  the  ^o*nv^ct?on 
chief  of  police,  shall  forthwith  cause  notice  of  any  conviction  o^nl^  of  *  *° 
under  this  section  to  be  served  upon  the  owner  or  OAvners  of  premises. 
the  premises  upon  or  in  which  such  nuisance  shall  have  been 
committed ;  such  service  may  be  made  upon  the  owner  or  own- 
ers personally  or  by  leaving  a  copy  thereof  at  his  or  their  usual 
place  of  abode,  or  if  the  place  of  abode  of  any  owner  be  not 
known  or  not  in  the  State,  then  such  service  may  be  made  upon 
his  agent,  if  he  have  any. 

(a)   In  regard  to  disorderly  houses,  in  general,  see  page  750  of  this 
volume. 

Sec.  2.     Any  lease,  contract,  agreement  or  demise  made  legai  pur- 
by  any  person  or  persons  for  the  letting  or  using  of  any  place  and  void. 
or  building,  or  any  portion  of  a  building,  for  any  of  the  pur- 
poses specified  in  the  preceding  section  of  this  act,  shall  be  null  of  premises 
and  void ;  and  tli^e  use  of  any  place  or  building,  or  any  por-  nuii  and 
tion  of  a  building,  for  any  of  said  purposes,  shall  terminate  premises 
and  render  thenceforth  null   and  void  any  lease,   contract,  i^^sessed  by 
agreement  or  demise  for  the  letting  or  use  thereof ;  and  in  ° 
each  case  the  person  or  persons  who  would  be  entitled  to  the 
possession  of  the  premises  if  such  lease,  contract,  agreement 
or  demise  had  not  been  made  shall  have  the  right  of  immediate 
possession  thereof,  as  if  such  lease,  contract,  agreement  or  de-  Remedy, 
mise  had  not  been  made;  and  the  provisions,  remedies,  pro- 
cesses and  penalties  provided  for  in  Chapter  CI  of  the  Revised 
Code' of  the  Statutes  of  Delaware,  published  in  1893,  in  cases 
of  forcible  entry  and  detainer,  shall  be  applicable  for  the  pur- 
pose of  restoring  the  person  or  persons  entitled  as  aforesaid  to  owner  of 
the  possession  of  such  premises.     After  sufficient  time  has  perSinfng 
elapsed  from  the  date  of  notice  being  served  as  aforesaid  to  "ftlr  notice 
enable  him  to  secure  the  possession  of  the  premises  under  the  gun°ty^of 
provisions  of  this  section,  any  owner  who  shall  still  permit  his  J^^'!j*^% 


538 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Fine. 


premises  to  be  used  for  any  of  the  purposes  mentioned  in  Sec- 
tion 1  of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  forfeit  and  pay  a  fine  of  not  less  than 
fifty  nor  more  than  two  hundred  dollars. 

Sec.  3.     All  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 

Passed  at  Dover,  May  9,  1S95. 


20  D.  L.  670.  ^^V  ACT  to  repeal  an  act  in  reference  to  the  Water  Witch 
Steam  Fire  Engine  Company,  No.  5,  of  Wilmington,  Dela- 
ware, passed  April  12th,  1893,  being  Chapter  718,  Volume 
19,  Laws  of  Delaware,  and  to  repeal  the  acts  by  said  act 
restored,  revived  and  reviewed,  and  to  reincorporate  the 
said  company  under  the  name  of  The  Water  Witch  Fire 
Company,  No.  5,  of  Wilmington,  Delaware. 


Act 
repealed. 


Members 
and  property 
of  old  com- 
pany trans- 
ferred to 
new. 


Company  in- 
corporated. 


Section  1.  That  Chapter  306,  Volume  8;  Chapter  514, 
Volume  16 ;  and  Chapter  718,  Volume  19,  Laws  of  Delaware, 
be  and  the  same  are  hereby  repealed  and  made  null  and  void, 
and  that  the  members  of  the  Water  Witch  Steam  Fire  Engine 
Company,  No.  5,  of  AVilmington,  Delaware,  the  corporation  by 
said  acts  created,  be  and  the  same  are  hereby  declared  to  be 
members  of  the  corporation  hereinafter  created  and  reincor- 
porate!, and  that  the  real  and  personal  property  of  the  said 
corporation  is  hereby  absolutely  vested  in  the  said  corporation 
hereby  reincorporated  and  created. 

Sec.  2.  That  the  members  of  the  Water  Witch  Steam 
Fire  Engine  Company,  No.  5,  of  Wilmington,  Delaw^are,  shall 
be  and  hereby  are  created  a  body  politic  and  corporate,  to 
have  continuance  and  succession  as  a  corporation  for  the 
period  of  twenty  years  from  and  after  the  passage  of  this  act 
and  no  longer. 


^^y^^-  Sec.  3.    The  name  and  style  of  said  body  politic  and  cor- 

poration shall  be  ' '  The  Water  Witch  Fire  Company,  No.  5,  of 
Wilmington,  Delaware." 


ACTS  OF  THE  GENERAL  ASSEMBLY.  539 

Sec.  4.     That  the  general  purposes  for  which  said  cor-  f^bject. 
poration  is  organized  shall  be  the  extinguishment  of  fires,  and 
that  it  shall  have  power  to  adopt,  use  and  employ  any  and  all  powers, 
means  and  appliances  by  it  deemed  advisable  and  not  contrary 
to  law  to  carrj"  out  said  purposes. 

Sec.  5.  That  the  said  corporation  shall  have  power  to  pur-  Powers  as 

^  to  property. 

chase,  take,  hold,  buy,  sell,  convey  and  demise  real  and  per- 
sonal property  not  inconsistent  with  the  purposes  for  which  it 
is  created  to  the  value  of  fortj^  thousand  dollars  and  no  more. 

Sec.  6.    That  the  said  corporation  shall  have  full  power  to  By-iaws. 
make,  adopt,  change  and  alter  constitutions  and  by-laws  for 
the  government  of  itself  and  its  members,  not  inconsistent 
with  nor  repus'nant  to  the  laws  of  the  State  of  Delaware,  and 

\    '^  ,  Seal. 

to  adopt  and  use  a  common  seal. 

Sec.  7.    That  the  said  corporation  shall  have  all  the  pow-  subject  to 
ers  and  be  subject  to  all  the  liabilities  usually  belonging  and  ^^^^'^  ^^^^• 
incident  to  corporations  created  under  the  Constitution  and 
laws  of  the  State  of  Delaware. 

Repealed 
^vn     S  *  *  *  *  *  *  *  *  *bv  Act  of 

^^^-    °-  April  7.  1909, 

25  D.  L.  315. 

Sec.  9.    That  no  misnomer  of  the  corporation  hereby  ere-  Misnomer  in 

1     1     Ti   •  T  1  T       1         -11  -p  T       deed,  &c. 

ated  shall  invalidate  any  deed,  will,  testament,  giit,  grant,  de- 
mise or  other  instrument,  provided  there  be  sufficient  therein 
to  ascertain  the  intent  of  the  parties  thereto. 

Sec.  10.  •  That  all  acts  or  parts  of  acts  repugnant  to  or  in- 
consistent herewith  be  and  the  same  are  hereby  repealed. 

Sec.  11.  That  this  act  shall  take  effect  from  its  passage 
and  shall  be  deemed  and  taken  to  be  a  public  act,  and  the 
power  to  revoke,  alter  and  amend  the  same  is  hereby  expressly 
reserved  to  the  Legislature. 

Passed  at  Dover,  March  23,  1897. 


540 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


21  D.  L.  433. 


Barbers  not 
to  pursue 
occupation 
on  Sunday. 


Misde- 
meanor. 


Penalty. 


AN  ACT  to  autliorize  the  closing  of  Barber  Shops  on  Sunday. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaivare  in  General  Assembly  met : 

Section  1.  Any  person  who  carries  on  or  engages  in  the 
business  of  shaving,  hair-cutting  or  other  work  of  a  barber,  or 
who  opens  or  allows  to  be  open  his  barber  shop,  or  place  where 
such  business  is  done,  for  the  purpose  of  carrying  on  his  said 
business  on  the  first  day  of  the  week,  commonly  called  Sunday, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  ten  dollars  nor  more  than 
twenty  dollars,  and  on  failure  to  pay  such  fine  and  costs  shall 
be  imprisoned  not  exceeding  ten  days. 


Jurisdiction 
of  officers. 


22  D.  L.  214. 


Board  of 
Barber  Ex- 
aminers. 
How  ap- 
pointed. 


Terms  of 
office. 


Vacancy, 
how  filled. 


Sec.  2.  Any  Justice  of  the  Peace  of  the  County  shall 
have  jurisdiction  and  cognizance  of  the  offences  mentioned  in 
Section  1  of  this  Act,  except  when  said  offences  are  committed 
in  the  City  of  Wilmington,  in  which  case  the  Municipal  Court 
of  said  city  shall  have  exclusive  jurisdiction. 

Approved  February  23,  A.  D.  1899.  , 


AN  ACT  relating  to  the  trade  of  Barbers  in  the  City  of  Wil- 
mington, Delaware. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaivare  in  General  Assembly  met: 

Section  1.  That  a  Board  of  Examiners,  to  consist  of 
three  reputable  barbers,  is  hereby  created,  whose  duty  it  shall 
be  to  carry  out  the  purposes  and  enforce  the  provisions  of  this 
Act.  The  members  of  said  Board  shall  be  appointed  by  the 
Grovernor,  who  shall  select  them  from  the  barbers  residing  in 
the  City  of  Wilmington,  Delaware.  The  term  for  which  the 
members  of  said  Board  shall  hold  their  office  shall  be  for  three 
years  (except  that  two  members  of  the  board  first  to  be  ap- 
pointed under  this  Act,  shall  be  designated  by  the  Governor  to 
hold  their  office  for  the  term  of  one  and  two  years  respec- 
tively), unless  sooner  removed  by  the  Governor,  and  until 
their  successors  shall  be  duly  appointed  in  case  of  vacancy  oc- 
curring in  said  board,  such  vacancy  shall  be  filled  in  like  man- 
ner by  the  Governor.    Each  member  of  said  board  shall  enter 


ACTS  OF  THE  GENERAL  ASSEMBLY.  541 

into  a  bond  to  the  State  of  Delaware  with  one  or  more  sureties  ^°"*^  °^- 

to  be  approved  by  any  Judge  of  any  Court  of  this  State,  in  the 

penal  sum  of  five  hundred  dollars  ($500.00),  conditioned  for 

the  faithful  performance  of  his  official  duties ;  said  bond  shall  rp^  ^^  ^^^^  ^^ 

be  filed  in  the  office  of  the  Secretary  of  State,  and  before  enter-  r^ary'of^^^" 

ing  upon  his  duties  each  member  shall  be  duly  sworn  or  af-  ^*^3-te- 

firmed  to  faithfully  and  impartialh-  perform  the  duties  of  his 

office. 

Sec.  2.     The  said  board  shall  choose  one  of  its  members  organiza- 
President,  one  Secretary  and  one  Treasurer  thereof.     It  shall  ^^°"" 
fix  the  time  and  place  of  meeting  or  meetings.     A  majority  of 
said  board  shall  at  all  times  constitute  a  quorum  and  the  pro- 
ceedings thereof  shall  at  all  reasonable  times  be  open  to  a  rea- 
sonable inspection.     The  board  shall  also  malce  an  annual  re-  ^port!^ 
port  of  its  proceedings  to  the  Governor.    It  shall  have  power  to 
adopt  reasonable  rules  («)  and  regulations,  prescribing  the  sani- ^gufations. 
tary  requirements  of  a  barber  shop  subject  to  the  approval  of 
the  Board  of  Health  of  the  City  of  Wilmington,  and  to  cause 
the  rules  and  regulations  so  approved  to  be  printed  in  suitable  pHn4d°   ^ 
form  and  to  transmit  a  copy  thereof  to  the  proprietor  of  each 
barber  shop  in  the  said  City  of  "Wilmington.    It  shall  be  the 
duty  of  every  proprietor  or  person  operating  a  barber  shop  in 
said  city  to  keep  posted  in  a  conspicuous  place  in  his  shop,  so  in°conspfcu- 
as  to  be  easily  read  by  his  customers,  a  copy  of  such  rules  and  °"^  ^  ^^'^^' 
regulations.     A  failure  of  any  such  proprietor  to  keep  such  penalty  for 
rules  so  posted  or  to  observe  the  requirements  thereof,  shall  be  ance°°"^^^ '" 
sufficient  ground  for  the  revocation    of   his    license,    but   no 
license  shall  be  revoked  without  a  reasonable  opportunity  be- 
ing offered  to  such  proprietor  to  be  heard  in  his  defense.    Any 
member  of  said  board  shall  have  power  to  enter  and  make  any    °"*^®^^ 
reasonable  examination  of  any  barber  shop  in  said  city  during 
business  hours,  for  the  purpose  of  ascertaining  the  sanitary 
conditions  thereof.     Any  barber  shop  in  which  tools,  appli- 
ances and  furnishings  in  use  therein  are  kept  in  an  unclean 
and  unsanitary  condition  so  as  to  endanger  health  is  hereby 


542 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Meetings 
of  Board. 


Act  to  take 
effect  from 
passage 
thereof. 


To  register 
within  60 
days  there- 
after. 


Registration 
fee. 


Annual  fee. 


declared  to  be  a  public  nuisance,  and  the  proprietor  thereof 
shall  be  subject  to  prosecution  and  punishment  therefor. 

(a)  As  to  the  meaning  of  the  word  "rules"  see  Sec.  76  "a"  of 
the  Charter,  and  the  case  of 

Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  136.   (yr.  1894) 

Sec.  3.  That  said  board  shall  meet  at  least  three  times  in 
each  year  in  the  said  City  of  Wilmington  to  conduct  an  ex- 
amination of  persons  desiring  to  follow  the  business  or  occupa- 
tion of  barbers,  and  shall  give  at  least  ten  days  previous  notice 
of  the  time  and  place  of  such  meeting  in  at  least  two  of  the 
daily  newspapers  of  the  said  City  of  Wilmington. 

Sec.  4.  This  Act  shall  take  effect  from  the  date  of  its 
passage  and  within  sixty  days  thereafter  it  shall  be  the  duty 
of  every  person  -who  at  the  time  of  the  passage  of  this  act  shall 
have  been  engaged  for  the  period  of  two  years  or  more,  either 
as  journeyman  or  proprietor,  in  the  business  or  occupation  of 
a  barber  in  said  City  of  Wilmington,  to  cause  his  or  her  name 
and  residence  or  place  of  business  to  be  registered  with  said 
Board  of  Examiners.  The  statement  of  every  such  person  so 
registering  shall  be  verified  under  oath  before  a  Notary  Public 
of  this  State,  and  shall  set  forth  his  or  her  name  and  residence 
or  place  of  business  and  the  length  of  time  he  or  she  has  acted 
or  served  as  barber.  Every  person  who  shall  be  so  registered 
with  said  Board  as  a  barber,  shall  pay  to  the  Treasurer  of  said 
Board  the  sum  of  two  dollars  and  shall  be  entitled  to  receive 
from  said  Board  a  certificate  as  a  barber,  and  shall  pay  an- 
nually the  sum  of  one  dollar  for  a  renewal  of  said  certificate. 


Examina- 
tion fee. 


Qualifica- 
tions to. 


Sec.  5.  Any  person  not  within  the  pro\asions  of  Section 
4,  or  not  registering  thereunder,  desiring  to  obtain  a  certificate 
of  registration  under  this  Act,  shall  make  application  to  said 
board  thereof,  and  shall  pay  to  the  Treasurer  of  said  board  an 
examination  fee  of  five  (5)  dollars,  and  shall  present  himself 
at  the  next  regular  meeting  of  the  board  for  the  examination 
of  applicants,  whereupon  said  board  shall  proceed  to  examine 
such  person,  and  being  satisfied  that  he  is  above  the  age  of 
nineteen  years,  of  good  moral  character,  free  from  contagious 
diseases,  that  he  has  either  studied  the  trade  for  at  least  three 


ACTS  OF  THE  GENERAL  ASSEMBLY.  543 

years  as  an  apprentice  under  a  qualified  and  practicing  bar- 
ber; or  has  practiced  the  trade  in  another  State  for  at  least 
two  years,  and  is  possessed  of  the  requisite  skill  in  said  trade 
to  properly  perform  all  the  duties  thereof,  including  his  abil- 
ity in  the  preparation  of  tools,  shaving,  hair  cutting  and  all 
the  duties  and  services  incident  thereto,  his  name  shall  be  en- 
tered by  the  board  in  the  register  hereinafter  provided  for, 
and  a  crtificate  of  registration  shall  be  issued  to  him  authoriz- 
ing him  to  practice  said  trade  in  said  City  of  Wilmington, 
which  said  certificate  shall  be  good  for  one  year.  All  persons 
who  shall  have  passed  a  successful  examination  before  said 
board  shall  be  entitled  to  receive  from  said  board  a  certificate 
thereafter  annually  upon  the  payment  of  a  fee  of  one  dollar. 

Sec.  6.    Each  member  of  said  Board  shall  receive  a  com-  compensa- 
'pensation  of  five  dollars  per  day,  for  actual  services,  which  bei-s  of  "^'^"^' 
compensation  shall  be  paid  out  of  the  moneys  in  the  hands  of 
the  Treasurer  of  said  Board ;  provided,  that  said  compensation 
shall  in  no  event  be  paid  out  of  the  State  Treasury. 

Sec.  7.     Nothing  in  this  Act  shall  prohibit  any  person  ^^^  ^^^.^ 
from  serving  as  an  apprentice  to  said  trade  under  a  barber  au-  apprenttce 
thorized  to  practice  the  same  under  this  Act ;  provided,  that  ^arbei-. 
in  no  barber  shop  in  said  City  of  Wilmington  shall  there  be 
more  than  one  apprentice  to  one  barber  authorized  under  this 
Act  to  practice  said  occupation. 

An  apprentice  within  the  meaning  of  this  Act  is  anv  one  Definition 

'■  '■  '^  "  of  appren- 

who  has  entered  into  the  employment  of  a  qualified  barber  for  tice. 
a  fixed  "term  in  order  to  learn  the  trade  or  art  of  barbering. 
Every  apprentice  in  the  said  City  of  Wilmington  in  order  to 
avail  himself  of  the  provisions  of  this  Act  must  file  with  the 
Secretary  of  said  Board  a  statement  in  writing  showing  the 
name  and  place  of  business  of  his  employer,  the  date  of  the 
commencement  of  employment  with  him.  and  his  full  name 
and  age,  and  shall  pay  into  the  Treasury  of  said  Board  a  fee 
of  fifty  (50)  cents. 

Sec.  8.    Said  Board  shall  furnish  to  each  person  to  whom  ^°n'ish  cer- 
a  certificate  of  registration  is  issued,  a  card  or  insignia  good  rLg'ittration 


544 


xVCTS  OF  THE  GENERAL  ASSEMBLY. 


Where 
posted. 


for  the  year,  for  which  the  same  is  issued  bearing  the  signa- 
tures of  its  President  and  Secretary,  certifying  that  the  holder 
thereof  is  entitled  to  practice  the  occupation  of  barber  in  said 
city,  and  the  year  for  which  it  is  issued  printed  in  large  fig- 
ures; and  it  shall  be  the  duty  of  the  holder  of  such  card  or 
insignia  to  post  the  same  and  any  renewal  thereof  in  a  con- 
spicuous place  in  front  of  his  working  chair,  w^here  it  may  be 
readily  seen  by  all  persons  whom  he  may  serve. 


Board  to  ^^q_  9     Said  Board  shall  keep  a  register  in  which  shall  be 

ter.  entered  the  names  of  all  persons  to  whom  certificates  are  is- 

sued under  this  Act  and  said  register  shall  be  at  all  times  open 
to  public  inspection. 

Sec.  10.    To  shave  or  trim  the  beard  or  cut  the  hair  of  any 

Definition  of  .  .  „  . 

the  occupa-    persou  for  hire  or  reward  received  by  the  person  performing 

tion  of  a  . 

barber.  sucli  scrvicc  or  any  other  person  shall  be  construed  as  prac- 

ticing the  occupation  of  barber  within  the  meaning  of  this 
Act. 


Unlawful  to 
follow  the 
occupation 
without  cer- 
tiflcate. 


Sec.  11.  It  shall  be  unlawful  for  any  person  to  follow  the 
occupation  of  a  barber  without  the  certificate  of  said  Board  of 
Examiners.  Provided  further  that  all  persons  making  appli- 
cation for  examination  under  the  provisions  of  this  Act  shall 
be  allowed  to  practice  the  occupation  of  barbering  until  the 
next  regular  meeting  of  said  Board. 

Sec.  12.  It  shall  be  unlawful  for  any  person  to  follow  the 
occupation  of  a  barber  without  the  certificate  of  said  Board  of 
Examiners.  Provided  further  that  all  persons  making  appli- 
cation for  examination  under  the  provisions  of  this  Act  shall 
be  allowed  to  practice  the  occupation  of  barbering  until  the 
next  regular  meeting  of  said  Board. 


Violation  of 
Act. 


Sec.  13.  Any  person  violating  the  provisions  of  this  Act 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
before  any  Justice  of  the  Peace  residing  in  the  said  City  of 


ACTS  OP  THE  GENERAL  ASSEMBLY.  545 

Wilmington  or  by  the  ]\Imiicipal  Court  of  the  City  of  Wil- 
mington shall  be  fined  not  less  than  five  nor  more  than  fifty  Penalty  for. 
dollars,  and  any  convicted  person  who  shall  refuse  or  neglect 
to  pay  such  fine  may  be  imprisoned  in  the  county  jail  until 
such  fine  is  paid,  not  exceeding,  however,  twenty  days. 

Approved  March  9,  A.  D.  1901. 


AN  ACT  to  authorize  the  Mayor  and  Council  of  Wilmington  22  d.  l.  829. 
to  indemnify  and  keep  harmless  E.  I.  duPont  de  Nemours 
and  Company,  its  successors  and  assigns,  from  all  liability 
for  damage  to  property,  real  or  personal,  or  for  personal 
injury,  or  loss  of  life,  occasioned  to  property  or  persons 
while  using,  or  being  on  the  Water  Tower  in  Bockford 
Park,  in  the  City  of  Wilmingto7i,  or  on  ground  contiguous 
thereto,  by  reason  of  explosion  occurring  on,  or  near  the 
property  now  or  hereafter  belonging  to  said  Company. 

Whereas,  Certain  lands  have  been  conveyed  by  the  late  Preamble. 
firm  of  E.  I.  duPont  de  Nemours  and  Company  to  the  Mayor 
and  Council  of  Wilmington  to  be  held  in  trust  forever  under 
certain  provisions  in  said  trust  deed  set  forth,  said  lands  being 
near  to  certain  other  lands  now  belonging  to  E.  I.  duPont  de 
Nemours  and  Company,  a  corporation  existing  under  the  laws 
of  the  State  of  Delaware ; 

And  Whereas,  The  Mayor  and  Council  of  Wilmington  preamble. 
has  caused  to  be  built  and  erected  upon  said  lands  in  Rockf  ord 
Park  so  conveyed  to  it  a  certain  water  tower,  and  is  desirous 
of  having  the  said  lands,  and  the  said  water  tower,  open  for 
the  use  and  entertainment  of  the  public,  notwithstanding  the 
provisions  contained  in  said  deed  conveying  the  same  to  the 
said  Mayor  and  Council  of  Wilmington ; 

And  Whereas,  The  E.  I.  duPont  de  Nemours  and  Com-  preamble. 
pany  have  expressed  a  willingness  to  waive  the  condition  and 
provision  of  said  deed,  in  relation  to  the  said  lands,  provided 
the  said  IMayor  and  Council  of  Wilmington  shall  indemnify 
and  forever  save  harmless  the  said  E.  I.  duPont  de  Nemours 
and  Company,  its  successors  and  assigns,  of,  and  from  all  lia- 


546 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Indemnity 
of  E.  I.  du 
Pont  de  Ne- 
mours and 
Company. 


bility  for  damage  to  property,  real  or  personal,  or  for  personal 
injuries,  or  loss  of  life  resulting  to  persons,  or  property,  while 
using  or  upon  said  lands  and  premises,  by  reason  of  any  ex- 
plosions occurring  in  the  mills,  or  on  other  property  now  or 
hereafter  of  the  said  Company ; 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of 
the  State  of  Delaware  in  General  Assemhly  met  {two- 
thirds  of  the  members  of  each  hrancli  thereof  concurring 
therein)  : 

Section  1.  ' '  That  the  Mayor  and  Council  of  Wilmington 
be,  and  it  is  hereby  gi^en  full  power  and  authority  and  is 
hereby  fully  authorized  at  any  time  hereafter  to  indemnify 
and  keep  harmless  the  said  E.  I.  duPont  de  Nemours  and  Com- 
pany, its  successors  and  assigns,  of,  and  from  all  liability  for 
damage  or  injury  to  property,  real  or  personal,  or  for  personal 
injury,  or  loss  of  life  happening  to  property  or  persons  while 
on  the  lands  and  pemises  mentioned  in  the  said  deed,  by  rea- 
son of  any  explosions  occurring  on,  or  near  property  now  or 
which  may  hereafter  belong  to  said  E.  I.  duPont  de  Nemours 
and  Company,  its  successors  or  assigns. ' ' 

Approved  March  31,  A.  D.  1903. 


22  D.  L.  845. 


Eight  liours 
legal  day's 
work. 


Contract  to 

stipulate 

same. 


AX  ACT  Concerning  the  employment  of  certain  persons  hy 
the  3Iunicipal  Corporation  of  the  City  of  Wilmington,  by 
making  eight  hours,  a  day's  work. 

Section  1.  That  eight  hours  shall  constitute  a  legal  day 's 
work  for  all  classes  of  employees  employed  by  the  Municipal 
Corporation  of  the  City  of  Wilmington. 

Sec.  2.  That  each  contract  to  which  the  municipal  cor- 
poration of  the  City  of  Wilmington  is  a  party  which  may  in- 
volve the  emplojanent  of  laborers,  workmen  or  mechanics 
shall  contain  a  stipulation  that  no  laborer,  workman  or  me- 
chanic in  the  employ  of  the  Municipal  Corporation  of  the  City 
of  Wilmington,  contractor,  sub-contractor,  or  other  person  do- 
ing or  contracting  to  do  the  whole  or  a  part  of  the  work  con- 
templated by  the  contract  shall  be  required  to  work  more  than 


ACTS  OF  THE  GENERAL  ASSEMBLY.  547 

eight  hours  in  any  one  calendar  day,  except  in  cases  of  extra- 
ordinary emergency  caused  by  fire,  flood  or  danger  to  life  or 
property. 

Sec.  3.    That  the  wages  to  be  paid  for  a  legal  day's  work  ^^ITess°*' 
as  hereinbefore  defined  to  all  classes  of  such  laborers,  workmen  ^.atnngTrate 
or  mechanics,  upon  all  such  public  work  or  upon  any  material  •"y^^-he'J.e^'' 
to  be  used  upon  or  in  connection  therewith  shall  not  be  less  ^^'"'k  is  done. 
than  the  prevailing  rate  for  a  day 's  work  in  the  same  trade  or 
occupation  in  the  locality  in  the  State  where  such  public  work, 
on,  about  or  in  connection  with  which  such  labor  is  performed 
in  its  final  or  completed  form  is  to  be  situated,  erected  or 
used.  Each  such  contract  hereafter  made  shall  contain  a  stipu-  ^t*ipu^lte  *^° 
lation  that  each  such  laborer,  workman  or  mechanic  employed  ^'^ses. 
by  such  contractor,  sub-contractor  or  other  person  on,  about 
or  upon  such  public  work  shall  receive  such  wages  as  hereinbe- 
fore provided.    Each  contract  for  such  public  work  hereafter 
made  shall  contain  a  provision  that  the  same  shall  be  void  and  void  unless 
of  no  effect  unless  the  person  or  corporation  making  or  per-  ®°  made, 
forming  the  same  shall  comply  with  the  provisions  of  this  Act ; 
and  no  such  person  or  corporation  shall  be  entitled  to  receive 
any  sum  nor  shall  any  officer,  agent  or  employee  of  the  Munici- 
pal Corporation  of  the  City  of  Wilmington  pay  the  same  or 
authorize  its  payment  from  the  funds  under  his  charge  or  con- 
trol to  any  such  person  or  corporation  for  work  done  upon  any 
contract  which  in  its  form  or  manner  of  performance  \dolates 
the  provisions  of  this  Act. 

.  Sec.  4.  That  any  officer,  agent  or  employee  of  the  ^lu- penalty  for 
nicipal  Corporation,  of  the  City  of  Wilmington,  having  a  duty  ®"^^^"'"  °^- 
to  act  in  the  premises,  who  violates,  evades,  or  knowingly  per- 
mits the  \aolation  (of)^  evasion  of  any  of  the  provisions  of 
this  act,  shall  be  guilty  of  malfeasance  in  office  and  shall  be 
suspended  or  removed  by  the  authority  having  the  power  to 
appoint  or  remove  such  officer,  agent  or  emploj'ee,  otherwise 
by  the  Governor.  Any  citizen  of  this  State  may  maintain  pro- 
ceedings for  the  suspension  or  removal  of  such  officer,  agent  or 


Printed  as  enrolled. 


548 


ACTS   OP  THE  GENERAL  ASSEMBLY, 


Exemption. 


employee  or  may  maintain  an  action  for  the  purpose  of  secur- 
ing the  cancellation  or  avoidance  of  any  public  contract  which 
by  its  terms  or  manner  of  performance  violates  this  Act  or  for 
the  purpose  of  preventing  any  officer,  agent  or  emploj^ee  of 
such  municipal  corporation  from  paying  or  authorizing  the 
payment  of  any  public  money  for  work  done  thereupon. 

Sec.  5.     This  act  shall  not  apply  to  the  policemen,  park 
guards,  watchmen,  or  special  officers  of  any  kind. 

Approved  April  7,  A.  D.  1903. 


24D.  L.  134.  AN  ACT  Authorizing  CoiDities,  Jlhinicipalities  and  Corpora- 
tions to  Donate  Money,  Land  and  Other  Valuable  Things 
for  the  Improvement  of  the  Organized  Militia  of  Dela- 
ivare. 

Any  muni-  SECTION  1.    That  from  and  after  the  approval  of  this  Act, 

avfthorized  to  ^^y  county,  municipality  or  corporation  in  this  State,  may, 
&c".^to  or-^^'  and  the  same  are  hereby  authorized  and  empowered  to  appro- 
nfimla^^  priate  («)   money  out  of  the  treasury  of  such  municipality, 

county,  corporation  or  to  donate  any  other  valuable  thing,  or 
to  grant  ar  lease  any  laud  belonging  to  them,  for  the  purpose 
of  aiding  in  the  improvement  of  the  Organized  Militia  of  Dela- 
ware. 

(a)   As  to  appropriations,   generally,  by  a  municipality  or  county, 
see  Art.  VIII,  Sec.  8  of  the  Constitution  of  "l897. 


Donor  may 
direct  use 
of  gift. 


Sec.  2.  That  the  mone}^  so  appropriated,  or  other  valu- 
able thing  donated,  or  the  land  so  granted  or  leased  shall  be 
appropriated,  donated,  granted  or  leased  to  the  State  Military 
Board,  and  expended  or  disposed  of  by  said  Military  Board  in 
such  manner,  and  under  such  conditions,  as  the  donor  may 
direct. 

Approved  March  29,  A.  D.  1907. 


24  D.  L.  lir 


^AN  ACT  in  Relation  to  Dogs  Registered  in  Incorporated 
Towns  and  Cities  in  New  Castle  County. 

Section  1.    That  every  person  residing  within  the  limits 

1.     See  Ordinances,  passed  February  16,  1865,  and  June  27,  1895,  p.  975 
this  volume. 


ACTS  OF  THE   GENERAL  ASSEMBLY.  '    549 

of  any  incorporated  Town  or  City  in  New  Castle  County  and  ^o||  ^^gk^-^ 
owning  any  dog  or  dogs,  whether  male  or  female,  which  have  ^gc/Jred"' 
been  assessed  or  registered  in  accordance  with  any  law  or  ordi-  property, 
nance  of  such  Town  or  City  and  who  have  paid  a  tax  or  reg- 
istration fee  thereon  shall  have  property  (^)  in  the  same  and 
be  entitled  to  sue  for  and  recover  any  damages  that  may  ac- 
crue in  consequence  of  the  loss  or  injury  thereof. 

(a)   As  to  registration  of  dogs,  and  when  one  has  property  in  the 
same,  see  pages  548,  975  and  977  this  volume. 

Sec.  2.    This  Act  shall  be  taken  and  deemed  to  be  a  pub- 
lic Act  and  printed  as  such. 

Approved  March  1,  A.  D.  1907. 


AN  ACT  to  amend  Chapter  411,  Volume  14,  Laws  of  Deia- 24  d.  l.  305. 
ware,  entitled  " An  Act  to  Protect  the  People  from  the 
Dangers  resulting  from  the  use  of  Petroleum,  Coal  -Oils 
and  Burning  Fluids,"  hy  Increasing  the  Fire  Test  and 
providing  for  the  method  and  manner  of  making  such 
tests,  and  hy  tvliom  such  tests  shall  he  made. 

Section  1.     That  Section   1   of  the  said  Act  be  and  the  chapter  411, 

...  n      n        •  T  •  1  Volume  14, 

same  is  hereby  amended  by  striking  out  all  of  said  section  and  amended, 
inserting  in  lieu  thereof,  the  following : 

"Section  1.    That  on  and  after  the  first  day  of  July  next,  paie  of  cer- 

■^  ''  '  tain  coal  oil 

it  shall  not  be  lawful  to  sell,  or  offer  for  sale,  within  the  limits  prohibited, 
of  this  State,  any  kerosene,  headlight  or  other  oil  for  illumi- 
nating   purposes    produced    from    petroleum,  which  will  not 
bear  the  fire  test  of  at  least  one  hundred  and  fifteen  (115)  de- 
grees Fahrenheit.     Said  fire  test  shall  be  determined  by  the  ,,p,ij,g^gg^  „ 
use  of  the  Tagliabue  instrument  or  apparatus  in  method  and  ^^°^  made. 
manner  as  follows:     Partially  fill  the  metal  cup  with  water 
about  sixty  (60)  degrees  Fahrenheit  temperature,  leaving  room 
for  displacement  by  the  glass  oil  cup ;  fill  the  glass  oil  cup  with 
the  oil  to  be  tested,  to  within  one-quarter  (^)  of  an  inch  of  the 
top  of  the  cup,  remove  all  oil  from  the  top  edge  of  the  cup, 
using  soft  paper  for  such  purpose;  see  that  surface  of  oil  in 
the  cup  is  free  from  air  bubbles;  suspend  the  thermometer 
with  the  bulb  just  below  the  surface  of  the  oil;  heat  with  a 


550 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


small  alcohol  flame ;  when  the  thermometer  indicates  one  hun- 
dred (100)  degrees  Fahrenheit;  remove  flame  and  allow  tem- 
perature to  run  up  to  one  hundred  and  three  (103)  degrees 
Fahrenheit :  at  which  point  try  :for  flash  with  small  bead  of 
fire  on  the  end  of  a  string,  or  otherwise,  held  not  less  than  one- 
quarter  (-1)  of  an  inch  above  the  surface  of  the  oil;  if  the  oil 
does  not  flash,  or  if  it  flashes  and  does  not  continue  to  burn, 
replace  flame,  work  temperature  up  four  (4)  degrees  Fahren- 
heit more,  then  remove  flame,  allow  temperature  to  run  up 
three  (3)  degrees  Fahrenheit  more  and  again  try  to  flash;  if 
the  oil  flashes,  or  if  it  flashes  and  does  not  continue  to  burn, 
repeat  this  operation  until  one  hundred  and  fourteen  (114) 
degrees  Fahrenheit  are  reached,  at  which  point,  if  the  oil  does 
not  flash,  or  if  it  flashes  and  does  not  continue  to  burn,  it  shall 
be  deemed  and  considered  as  of  not  less  than  one  hundred  and 
fifteen  (115)  degrees  fire  test;  but  the  oil  thus  tested  shall  not 
be  cleemed  or  considered  as  of  not  less  than  one  hundred  and 
fifteen  (115)  degrees  fire  test  if  it  flashes  and  continues  to 
burn  at  one  hundred  and  fourteen  (114)  degrees  Fahrenheit, 
or  at  a  lower  temperature.  The  temperature  in  making  the 
test  as  above  set  forth  shall  not  be  raised  or  allowed  to  rise  in 
any  instance  faster  than  two  (2)  degrees  Fahrenheit  per 
minute. ' ' 

Sec.  2.  That  Section  2  of  said  Act  be  and  the  same  is 
hereby  amended  by  striking  out  all  of  said  section  and  insert- 
ing in  lieu  thereof,  the  following : 


state  Chem- 
ist to  make 
said  tests. 


Proviso. 

Sample, 
quantity  of 
and  how 
delivered. 


Fee  for 
test. 


''Section  2.  That  it  shall  be  the  duty  of  the  State 
Chemist  of  this  State  to  make  tests  in  the  method  or  manner 
as  provided  in  Sectioji  1  of  this  Act,  to  determine  the  fire  test 
of  any  sample  of  kerosene,  headlight  or  other  oil  for  illumi- 
nating purposes  produced  from  petroleum,  sold  or  offered  for 
sale  in  this  State,  which  any  citizen  thereof  may  forward  to 
the  State  Chemist  for  such  test ;  provided  that  each  sample  so 
sent  shall  not  be  less  in  quantity  than  one  (1)  pint,  and  shall 
be  forwarded  by  express,  charges  prepaid,  contained  in  a 
glass,  earthen  or  metal  receptacle  which  has  not  been  used  to 
contain  any  other  substance,  securely  sealed  and  accom- 
panied by  a  fee  of  one  dollar;  and  if  such  sample  stands  the 


ACTS  OF  THE  GENERAL  ASSEMBLY.  551 

legal  fire  test  above  described,  and  will  not  burn  below  one 

hundred   and   fifteen    (115)    degrees   Fahrenheit,    the   State 

Chemist  may  retain  said  one  dollar  as  a  fee,  but  in  event  of 

said  sample  failing  to  stand  said  legal  test,  by  burning  below  ^a^iJ)''^""^ 

one  hundred  and  fifteen  (115)  degrees  Fahrenheit,  the  said 

one  dollar  shall  be  returned  to  the  sender,  and  a  fee  of  ($5.00) 

five  dollars  charged  against  the  dealer  from  whom  said  sample 

has  been  obtained,  which  shall  be  collected  in  the  same  manner 

as  fines  are  collected,  subject  to  the  same  rights  of  appeal. 

The  State  Chemist  shall  have  the  right  to  take  from  any  state  Chem- 

^  ''   1st  may 

reservoir,  tanl<:,  barrel,  can  or  other  receptacle  in  this  State  sample  any 

'  '  '       _  ^  _    receptacle 

used  for  holding  or  storing  kerosene,  headlight  or  other  oil  for  ^^'e  test. 
for  illuminating  purposes  produced  from  petroleum,  a  sample 
not  exceeding  one  (1)  pint  from  any  such  receptacle,  for  the 
purpose  of  submitting  and  subjecting  such  oil  to  a  fire  test  as 
herein  pro\aded  in  Section  1  of  this  Act. 

It  shall  be  the  duty  of  the  State  Chemist  when  a  sample  Duty  of 
so  tested,  of  kerosene,  headlight  or  other  oil  for  illuminating  ist  to  report 
purposes  produced  from  petroleum  shall  be  found  to  be  of  a  General 
fire  test  less  than  that  required  by  the  provisions  of  this  Act,  dealer  seii- 
to  report  the  fact  to  the  Attorney  General' of  this  State,  giving  legai  test. 
the  name  of  the  owner  or  owners  of  the  oil  in  any  reservoir, 
tank,  barrel,  can  or  other  receptacle  from  which  the  sample  so 
tested  was  taken,  together  with  a  certificate  sho^nng  the  result 
of  such  fire  test ;  and  it  shall  be  the  duty  of  the  Attornej^  Gen- 
eral of  this  State,  upon  receipt  of  such  report  and  certificates  torney  Gen- 
f  rom  the  State  Chemist,  to  proceed  under  the  provisions  of  this  prosecute. 
Act  in  a  court  of  competent  jurisdiction  against  the  owner  or 
owners  of  such  kerosene,  headlight  or  other  oil  for  illummar- 
ing  purposes  produced  from  petroleum,  from  which  the  sample 
so  tested  was  taken,  if  such  owner  or  owners  be  individuals, 
and  against  the  officers  thereof  if  the  owner  of  such  oil  be  a 
domestic  corporation,  and  against  the  resident  agent  in  this 
State  if  the  owner  of  such  oil  be  a  foreign  corporation  or  non- 
resident individual  or  copartnership;    and    the    penalty  for 

.    1    ..  J.     -,  .    .  n        •  Penalty  for 

Violating  anj^  oi  the  provisions  of  this  Act  shall  be,  upon  con-  violation  of 

'      ^  Act. 


552 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


viction,  a  fine  of  not  more  than  two  hundred  dollars,  in  the 
discretion  of  the  Court. ' ' 

Approved  March  15,  A.  D.  1907. 


24  D.  L.  318.  AN  ACT  Authorizing  the  Regulator  of  Weights  and  Measures 
in  and  for  New  Castle  County  to  Inspect,  and  Stamp  Cans 
used  for  the  Shipment  of  Milk  and  Cream. 

Regulator  of  SECTION  1.    It  shall  be  the  duty  of  the  Eegiilator  of 

Measures  to  Weights  and  Measures  in  and  for  New  Castle  County,  to  in- 
cans.  spect,  wlien  requested  so  to  do,  by  the  owner  or  owners  thereof, 

all  cans  used  for  the  shipment  of  milk  or  cream,  and  to  stamp 
on  each  can  so  inspected  by  him,  in  letters  three-eighths  of  an 
inch  in  height,  a  mark  of  inspection,  showing  by  whom  in- 
spected and  its  capacity  in  quarts,  according  to  the  standard 
measure  for  milk  and  cream  in  this  State  at  the  time  of  such 
inspection. 


Compensa- 
tion of 
Regulator. 


Sec.  2.  For  inspecting  each  can  and  stamping,  as  pro- 
vided in  Section  1  of  this  Act,  the  said  Eegulator  of  Weights 
and  Measures,  in  and  for  New  Castle  County,  shall  be  paid  by 
the  owner  or  owners  thereof  at  the  time  of  such  inspection,  the 
sum  of  Ten  Cents. 

Approved  March  29,  A.  D.  1907. 


24D.  L.  319.    ^,Y  ACT  to  Determine  the  Standard  Measure  of  Milk  and 
Cream  in  this  State. 


standard 
measure  for 
mil. 


Section  1.  That  from  and  after  the  approval  of  this  act, 
the  standard  measure  of  milk  and  cream  in  this  State  shall  be 
fifty-seven  and  seventy-five  one-hundredths  cubic  inches  for 
each  and  every  quart  thereof;  and  when  sold,  with  no  special 
agreement  as  to  the  measurement  thereof,  the  quart  shall  con- 
sist of  fifty-seven  and  seventy-five  one-hundredths  cubic 
inches. 

Approved  March  4,  A.  D.  1907. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  553 

AN  ACT  to  Authorize  the  Mayor  and  Council  of  Wilmington  -^  ^-  l-  sis. 
to  Exact  Licenses  for  the  Opcraiion  of  Fool  Rooms,  Bil- 
liard Booms  and  Bowling  Alleys. 

Section  1.     That  the  Council  of  the  Mayor  and  Council  To  provide 
of  Wilmington  be  and  it  is  hereby  authorized  to  adopt  ordi-  censing  of 

•  TfiT  •  P  public  bll- 

nances  providing  for  the  licensing  or  pool  rooms,  pool  tables,  Hard  and 
bowling  alleys,  billiard  rooms  and  billiard  tables, -^open  to  pub- 
lic use  within  the  City  of  Wilmington,  and  said  Council  may 
make  all  necessary  rules  and  regulations  and  provide  neces- 
sary penalties  for  the  enforcement  of  such  ordinances  and  the  Penalties. 
collection  of  such  license  fees.  Fees. 

Approved  April  5,  A.  D.  1909. 


AN  ACT  Repealing  All  Acts  Directing  Appropriations  to  he 
Made  to  the  Several  Fire  Companies  of  the  City  of  Wil- 
mington, and  Authorizing  the  Council  of  Wilmington  to 
Contract  ivith  Fire  Companies  for  the  Protection  of  Prop- 
erty Against  Fire. 

Section  1.  That  Section  68,  Chapter  207,  .Volume  17 ;  certain  Acts 
Section  1,  Chapter  177,  Volume  18 ;  Chapter  95,  Volume  20 ;  ^^^'^^  ^ 
Chapter  549,  Volume  20 ;  Chapter  554,  Volume  20 ;  Section  8, 
Chapter  556,  Volume  20 ;  Chapter  560,  Volume  20 ;  Section  2, 
Chapter  109,  Volume  21 ;  Chapter  174,  Volume  22  and  Chap- 
ter 399,  Volume  22,  Laws  of  Delaware,  and  all  other  Acts  or 
parts  of  Acts  authorizing  and  directing  appropriations  of 
money  by  the  Council  of  the  City  of  Wilmington  to  or  for  any 
of  the  Fire  Companies  of  said  City  or  for  ambulance  service 
be  and  the  same  are  hereby  repealed. 

Sec.  2.    That  from  and  after  the  passage  of  this  Act,  the  Mayor  and 
Council  of  the  Mayor  and  Council  of  Wilmington  are  hereby  powered^to' 
authorized  and  empowered  to  make  annual  contracts,  («)  f or  ™on^ra^c"s.^^^ 
the  protection  of  all  property  in  the  said  City  of  Wilmington 
against  fire  with  the  several  fire  companies  of  the  City  of  Wil- 
mington and  State  of  Delaware  now  in  existence,  or  hereafter 
created,  and  recognized  by  the  Council  as  a  part  of  the  fire  de- 
partment of  the  said  City  of  Wilmington ;  the  amount  allowed  ^™ed^n^he 
by  said  contract  with  any  company  shall  be  in  the  discretion  of  of^coimcn 


55-4  ACTS  OF  THE  GENERAL  ASSEMBLY. 

Proviso.  ^i^Q  Coimcil;  provided,  however,  that  the  amount  named  in 
said  contract  shall  not  be  less  than  the  amount  now  appropri- 
ated by  the  Council  to  the  respective  companies.^ 

(a)  Under  Sec.  68  of  the  Charter  of  1893,  "The  Council"  used  to 
make  appropriations  to  fire  companies. 

Sec.  3.  All  Acts  or  parts  of  Acts  inconsistent  herewith 
are  hereby  repealed  and  this  Act  shall  be  deemed  and  taken 
as  a  public  Act. 

Approved  April  7,  A.  D.  1909. 


AN  ACT  Defining  Motor  Vehicles  and  Providing  for  the  Beg- 
istration  of  the  Same  and  Uniform  Rules  Regidating  the 
Use  and  Speed  Thereof. 


That,   except   as   hereinafter   provided,   no 

public 


Motor  ve-  SECTION    1. 

hides  must  •    i  i 

be  regis-        motor  Vehicle  shall  be  operated  or  driven  upon  anv 

tered.  .  .    " 

street,  road,  turnpike  or  highway  m  this  State  until  the  said 
motor  vehicle  shall  have  been  registered  with  the  Secretary  of 
State. 


Renewed 
annually. 


Application 
shall  contain 
name,  ad- 
dress and 
description 
of  motor. 


How  made. 


Fee  for 
registration. 


Registration 
certificate. 


Sec.  2.  Every  resident  of  this  State  who  is  the  owner  of  a 
motor  vehicle,  and  every  non-resident,  except  as  hereinafter 
provided,  shall,  annually,  apply  to  the  Secretary  of  State  for 
the  registration  of  the  said  motor  vehicle.  The  application 
shall  contain  the  name,  place  of  residence  and  correct  post- 
office  address  of  the  owner,  with  a  brief  description  of  the 
motor  vehicle,  stating  the  name  of  the  maker,  manufacturer's 
number  and  character  of  the  motive  power  and  rated  horse 
power.  The  said  application  shall  be  made  upon  a  blank  pro- 
vided for  the  purpose  by  the  Secretary  of  State.  It  shall  be 
signed  by  the  owner  and  shall  be  verified  by  oath  or  affirma- 
tion. Upon  receipt  of  the  application  and  a  fee  of  three  dol- 
lars for  a  motor  cycle  and  a  fee  of  five  dollars  for  any  other 
motor  vehicle,  the  Secretary  of  State  shall  register  the  said 
motor  vehicle -in  a  book  to  be  kept  for  that  purpose,  and  shall 


1.     For  amounts  of  appropriations  to  Fire  Companies  prior  to  this  Act, 
see  appendix. 


ACTS  OF  THE  GENERAL  ASSEMBLY.  555 

issue  to  the  owner  a  registration  certificate  and  the  Secretary  ^"^'-"^^ 
of  State  at  the  expense  of  the  State  shall  provide  two  number 
tags  containing  the  registration  number,  the  figures  of  which 
shall  not  be  less  than  five  inches  in  height,  and  the  abbreviated 
name  of  the  state  and  the  year.    Provided,  however,  that  non- 
residents of  this  State  shall  be  entitled  to  the  same  exemptions  ^/^non-resl- 
from  the  provisions  of  this  Act  as  are  granted  to  the  citizens  dents, 
of  this  State  by  the  laws  of  the  State  in  which  said  non-resi- 
dents reside. 

The  fees  provided  for  by  this  Act  shall  include  all  the  aii  fees 

included. 

fees  due  the  Secretary  of  State  upon  any  license  or  certificate 
provided  for  by  this  Act. 

Sec.  3.    No  motor  vehicle  shall  be  operated  upon  any  pub- 
lic street,  road,  turnpike  or  highway  unless  the  number  tags  Number 
are  carried  conspicuously,  one  on  the  front  and  the  other  on  ^"nt  and" 
the  rear  of  the  motor  vehicle  in  such  manner  that  they  may  be  veMc°ie. 
easily'  read.     They  shall  be  parallel  to  the  axles  of  the  motor 
vehicle,  and  shall  be  kept  free  from  oil,  grease,  dirt  or  other 
substance  likely  to  impair  their  legibility ;  and  between  one  luminated' 
hour  after  sunset  and  one  hour  before  sunrise,  the  rear  num-  tlfiTiiours^^' 
ber  tags  shall  be  illuminated  so  that  the  number  can  be  plainly 
distinguished  when  the  motor  vehicle  is  in  use.    Provided  that 
when  used  upon  the  motor  cycle  the  number  tags  shall  be  at- 
tached so  that  they  may  be  plainly  read  from  both  sides  of  the  tached*to 
said  motor  cycle  instead  of  being  attached  to  the  fronts  and  ™°^°^^^^'®' 
rear ;  and  provided  further  that  the  requirements  as  to  illumi- 
nating the  rear  number  tag  shall  not  apply  to  motor  cycles. 
Not  more  than  one  set  of  number  tags  shall  be  displayed  upon 
any  motor  vehicle,  except  as  provided  in  Section  2  for  non- 
residents.   No  owner  or  operator  of  any  motor  vehicle  shall  be  owner  or 
subject  to  fine  or  arrest  when  one  number  tag  is  missing,  pro-  subject^" ° 
vided  he  makes  affidavit  that  the  same  has  been  lost  or  removed  ^"^  °^^  arrest 
without  his  knowledge  or  consent,  and  that  he  will  promptly 
provide  a  new  tag. 

Sec.  4.    No  person,  except  as  provided  for  non-residents  Must  obtain 
in  Section  2,  shall  operate  a  motor  vehicle  other  than  a  motor  ^  i'^*^"®®- 
cycle,  upon  the  public  streets,  roads,  turnpikes  or  highways  of 


556 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


this  State  unless  he  has  first  obtained  from  the  Secretary  of 
No  license      State  a  license.  («)    No  license  shall  be  issued  to,  nor  shall  any 

issued  to  any  ^    •'  . 

one  under  1^6  motor  Vehicle  be  operated  by  any  person  under  sixteen  years 
A  ication  ^^  ^o®'  -^PP^ications  for  license  shall  be  made  in  writing  upon 
how  made,  a  blank  furnished  by  the  Secretary  of  State,  and  shall  contain 
the  name  of  the  applicant,  his  place  of  residence,  including 
City  or  Town,  street  and  number,  and  his  post-office  address, 
and  shall  state  that  he  is  over  sixteen  years  of  age  and  is  quali- 
fied to  operate  a  motor  vehicle.  It  shall  be  signed  by  the  ap- 
plicant's own  hand  and  vertfied  by  oath  or  affirmation.  Upon 
receipt  of  the  application  and  a  fee  of  five  dollars,  the  Secre- 
tary of  State  shall  issue  to  the  applicant  a  license.  The  license 
shall  contain  the  licensee's  name  and  residence,  and  the  date 
and  number  of  the  license,  and  shall  be  carried  b}^  the  licensee 
at  all  times  when  operating  a  motor  vehicle. 

(a)  In  the  case  below  cited,  the  Court  held  that  if  one  operated  a 
motor  car  without  a  license  as  prescribed  in  the  above  section,  it  was 
negligence  per  se. 

Cecchi  vs.  Lindsay,  1  Boyce  185  at  189.  (yr.  1910) 


May  be  is- 
sued at  any 
time,  but 
ceases  to  be 
effective  at 
end  of  year. 

Certificate 
not  trans- 
ferable. 


Registration 
shall  expire 
upon  trans- 
fer of  owner- 
ship. 


Shall  notify 
Secretary  of 
State  and  re- 
turn certi- 
ficate. 

Old  number 
restored 
within  two 
months. 


Sec.  5.  Motor  vehicles  may  be  registered  and  licenses  is- 
sued at  any  time  during  the  year,  but  all  registration  and  li- 
censes shall  cease  to  be  effective  on  the  thirty-first  day  of  De- 
cember of  the  year  issued.  A  registration  certificate  or  license 
issued  to  one  person  shall  not  be  transferred  to  another  person, 
and  no  operator's  license  shall  be  issued  to  a  firm  or  corpora- 
tion nor  in  the  name  of  more  than  one  person.  Upon  the  trans- 
fer of  ownership  of  any  motor  vehicle,  its  registration  shall  ex- 
pire, and  it  shall  be  the  duty  of  the  person  in  whose  name  such 
vehicle  is  registered  to  immediately  notify  the  Secretary  of 
State  of  the  name  and  address  of  the  new  owner,  and  to  return 
to  the  said  Secretary  of  State  the  registration  certificate  for 
the  vehicle  so  transferred.  Should  the  original  owner  make 
application  for  the  registration  of  another  motor  vehicle  with- 
in the  period  of  two  months,  accompanied  by  a  fee  of  one  dol- 
lar, he  shall  be  assigned  the  number  previously  issued  to  him. 


turers  or'  ^^^-  ^-     Motor  vchiclcs,  operated  by  manufacturers  or 

regis^'er^kf^'  dealers  for  the  purpose  of  testing  or  selling,  shall  be  exempt 

class  "^^'^'^^'  fi'om  the  necessity  of  individual  registration,  provided  said 

manufacturer  or  dealer  registers  with  the  Secretary  of  State 


ACTS  OF  THE  GENERAL  ASSEMBLY.  557 

in  the  "dealer's  class."  Application  for  such  registration  ^^PPJI^^^j^i*'" 
stating  the  number  of  cars  to  be  registered,  shall  be  made  upon  ^ow  made, 
a  blank  provided  for  the  purpose  by  the  said  Secretary  of 
State  which  shall  state  the  name  and  business  of  the  applicant, 
and  shall  be  verified  by  oath  or  affirmation.  Upon  receipt  of 
the  application  and  a  fee  of  five  dollars  for  each  car  to  be  reg- 
istered, the  Secretary  of  State  shall  issue  to  the  applicant  a 
certificate  of  registration,  and  the  manufacturer  or  dealer 
shall  provide  a  pair  of  number  tags  which  shall  contain  num- 
bers of  registration  in  figures  not  less  than  five  inches  in 
height,  the  year  and  the  words  "Delaware  Dealer."  Such  ear 
shall  be  operated  only  by  licensed  drivers  who  shall  have  au- 
thority to  operate  motor  vehicles  bearing  the  said  tags  for  test- 
ing or  demonstrating  purposes  or  for  hire. 


Sec.  7.    No  person  when  intoxicated  shall  operate  a  motor 


No  intoxi- 


vehicle  under  penalty  of  a  fine  of  not  more  than  One  Hundred  ^J^t^fJ  person 

^    _         ''  shall  operate 

Dollars  or  imprisonment  not  exceeding  thirty  days,  or  both,  motor  ve- 

An\  Justice  of  the  Peace  of  the  State  or  the  Judge  of  the  ]\Iu-  ^    ^. 

°  Justice  of 

nicipal  Court  of  the  City  of  Wilming-ton  shall  have  power  and  the  Peace,  or 

jurisdiction  to  hear  and  determine  the  offense  created  by  this  Municipal 

•^  Court,  shall 

section.  have  juris- 

diction. 

Sec.  8.     No  person  having  been  licensed  shall  operate  a  shaii  operate 
motor  vehicle  under  another  license,  nor  operate  an  unregis-  iicense^and^^ 
tered  motor  vehicle.    No  motor  vehicle  shall  be  operated  under 
any  other  number  than  that  of  its  own  registration. 

Sec.  9.     Every  motor  vehicle  shall  be  provided  when  in  Motor  ve- 

'■  hlcle  shall 

use  with  good  and  sufficient  brakes,  and  with  a  horn,  bell  or  have  proper 

.  .  .  ■  brakes  and 

other  signal  device,  («)  which  shall  be  sounded  whenever  neces-  signal. 

T  „  p  ■  White  and 

sary  to  insure  the  safety  or  other  uses  of  the  highway".  Motor  red  lights, 
vehicles  shall,  from  one  hour  after  sunset  until  one  hour  before 
sunrise  show  at  least  one  white  light  visible  not  less  than  two 
hundred  feet  in  the  direction  toward  which  the  motor  vehicle 
is  proceeding,  and  one  red  light  shall  be  sho\\Ti  visible  in  the 
opposite  direction. 

(fl)   Section  9  of  the  above  Act  -was  Sec.  4  of  the  Act  of  23  D.  L. 
Ch.  123.     In  speaking  of  it  the  Court  said: 

Boyce,  J.:     "If  you  find  that  the  plaintiff  was  unfamiliar  with  the 
safety  appliances,  and  by  reason  thereof  failed  to  use  in 


558 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


T'se  of 
chains  pro- 
hibited, ex- 
cept when 
necessary. 


a  reasonable  and  ijrudent  manner  the  brakes  of  his  automobile  to  prevent 
a  collision  with  the  ear     *     *     he  was  guiltv  of  negligence,''  &c. 
Garrett  vs.  Peoples  Ey.,  6  Penn.  29  at  34.  (jr.  1906) 

Sec.  10.  The  use  of  chains  on  the  wheels  of  motor  vehicles 
is  prohibited,  except  on  highwaj^s  of  natural  dirt,  plank, 
asphalt,  cobble,  brick,  Belgium  block,  or  on  at  least  one  inch 
of  ice  or  hardened  snow,  except  in  cases  where  the  condition 
of  other  highways  is  such  as  to  render  their  use  necessary  for 
the  safetj^  of  the  users  of  the  highway. 


Reasonable 
warning  of 
approach 
shall  be 
given. 


In  case  of 
injury  to 
persons  or 
property 
operator 
shall  stop, 
and  upon 
request  give 
name  and 
address. 


Motor  shall 
be  stopped 
at  request 
or  upon 
signal. 


Sec.  11.  Upon  approaching  any  person  walking  upon  the 
public  highways,  or  a  horse,  horses,  or  other  draft  animals  be- 
ing led,  ridden  or  driven,  the  operator  of  the  motor  vehicle 
shall  give  reasonable  warning  («•)  of  his  approach  and  use  every 
precaution  to  avoid  injuring  such  person  or  frightening  such 
animals,  bringing  his  motor  vehicle  to  a  stop,  should  such  ani- 
mals appear  to  be  unmanageable,  stopping  his  engine,  if  the 
occasion  require  it,  until  such  animals  (have)  had  sufficient 
time  to  pass.  In  case  of  injury  to  person  or  property  due  to 
the  operation  of  a  motor  vehicle,  the  operator  of  said  vehicle 
shall  stop,  and  upon  the  request  of  the  person  injured,  or  in 
w^hose  custody  such  property  then  was,  give  his  name  and  ad- 
dress, and  that  of  the  owner  of  said  motor  vehicle. 

(a)  The  law  as  to  the  degree  of  care  one  should  use  in  operating  an 
automobile,  is  laid  down  as  follows: 

Penneicill,  C.  J.:  "  The  owner  of  an  automobile  has  the  same  right 
as  the  owner  of  other  vehicles  to  use  the  high- 
ways or  streets  of  a  city,  and  like  them  he  must  exercise  reasonable  care 
and  caution  for  the  safety  oi  others.  *  *  It  is  the  duty  of  the  person 
operating  an  automobile  *  *  to  move  it  at  a  reasonable  rate  of  speed, 
and  cause  it  to  slow  up  or  stop  if  need  be,  where  danger  is  immi- 
nent," &c. 

Hannigan  vs.  Wright,  5  Penn.  537  at  540-1.  (yr.  1905) 

In  speaking  of  the  chauffeur,  in  the  above  ease,  the  Court  said: 
' '  The  acts  of  the  chauffeur,  in  operating  an  automobile,  within  the 
authority  of  his  emploTOient,  are  the  acts  of  a  servant.  The  relation  of 
master  and  servant  exists  between  the  chauffeur  and  his  employer,  and 
the  rules  of  law  applicable  to  that  relation  apply. ' '  id  540. 

See,  also,  on  the  question  of  the  owner's  Liability  for  the  acts  of  his 
chauffeur,  the  case  of 

Suneone  vs.  Lindsay,  6  Penn.  224  at  299.   (\t.  1907) 

Sec.  12.  Every  person  driving  a  motor  vehicle  shall,  at 
request  or  upon  signal  by  putting  up  the  hand  or  otherwise 
from  a  person  riding  or  driving  a  horse  or  horses  in  the  oppo- 
site direction,  cause  the  motor  vehicle  to  stop  and  remain  sta- 


ACTS  OF  THE  GENERAL  ASSEMBLY.  559 

tionary  so  long  as  may  be  necessary  to  allow  said  horse  or 
horses  to  pass  on. 

Sec.  13.  Whenever  a  person  operating  a  motor  vehicle, 
or  any  person  riding,  driving  or  leading  a  horse,  horses  or 
other  draft  animals,  shall  meet  anv  other  vehicle  or  other  Motors  and 

'  -  other  re- 

draft animals,  the  operators,  drivers  or  person  having  s^-^ch  wcies^siiau 

animals  in  charge,  shall  reasonably  turn  to  the  right  («)  of  the  right  upon 

°    '  ^  o        V    /  approaching 

center  of  the  said  highway,  so  that  such  vehicle  or  animals  each  other. 
maj-  pass  without  interference,  and  the  driver  of  any  vehicle 
overtaking  any  other  vehicle  or  draft  animals  being  led,  rid- 
den or  driven  upon  any  public  highway,  shall  pass  to  the  left 
thereof,  the  driver  of  such  vehicle  or  persons  having  charge  of 
such  animals  so  overtaken  shall  turn  to  the  right  of  the  center 
.of  the  road  to  allow  free  passage  to  the  left. 

(a)  As  to  the  general  law  of  the  road  *  "  i.  e.,  iu  regard  to  keep- 
ing to  the  right,  see  p.  200  of  this  volume. 

Sec.  14.  The  following  rates  of  speed  may  be  maintained  Rate  of 
but  not  exceeded.  Upon  any  public  street  or  highway  where  ^"^^^ 
the  buildings  are  less  than  an  average  distance  apart  of  one 
hundred  feet,  a  rate  of  speed  of  one  mile  in  five  («)  minutes 
shall  be  permitted,  but  not  exceeded,  which,  however,  shall  be 
reduced  to  the  (rate)  of  one  mile  in  ten  minutes  at  curves  and 
at  intersections  of  other  streets  or  highways.  Upon  any  public 
street  or  highway  where  the  buildings  are  of  greater  distance 
apart  than  one  hundred  feet,  at  a  rate  of  speed  of  one  mile  in 
three  minutes  shall  be  permitted,  but  not  exceeding,  but  this 
rate  of  speed  shall  be  reduced  to  one  mile  in  five  minutes  at 
all  curves,  intersecting  roads,  in  descending  steep  hills,  and  in 
passing  other  vehicles,  providing  that  nothing  in  this  section 
shall  permit  any  person  to  drive  a  motor  vehicle  at  a  greater 
rate  of  speed  than  is  reasonable,  ha^^ng  regard*  to  the  traffic,  or 
so  as  to  endanger  the  safety  of  any  person  or  injure  the  prop- 
erty of  anv  person ;  provided  further,  that  motor  vehicles  used  certain  mo- 

*'-■''•'  tors  exempt 

as  ambulances,   or  bv  physicians   responding  to   emergency  f^'om.  the 

7  „      X     .'  X  o  ^  e/    provisions 

calls,  or  motor  vehicles  used  by  the  police,  fire  department  or  of  this  Act. 
military  when  in  the  performance  of  duty,  are  exempt  from 
compliance  with  the  provisions  of  this  section. 

(a)   The  prior  law  contained  in  23  D.  L.  Ch.  23,  See.  4,  made  the 


560 


ACTS  OF  THE  GENERAL  ASSEMBLY, 


Shall  stop 
at  the  re- 
quest of 
constable  or 
police  officer. 


Constables 
and  police 
officers  may 
arrest. 


Magistrate 
may  accept 
money  or 
article  of 
sufficient 
value, in  lieu 
of  bail. 


May  hold 
motor. 


Fine  im- 
posed for 
violating  the 
provisions 
of  the  Act. 


speed  ' '  one  mile  in  seven  minutes. ' '  The  Court,  in  the  case  below  cited, 
set  out  the  section  referring  to  the  speed  of  automobiles,  and  said : 

Boyce,  J.:     "If  you  find  that  the  plaintiff     *     *     was  driving  Ijis 

automobile  at  a  greater  rate  of  speed  than  one  mile  in 

seven  minutes,  throiigh  a  built  up  portion  of  the  City  of  Wilmington, 

where  the  houses   are,   and   average   less   than   one   hundred   feet   apart, 

*     *     he  was  guilty  of  negligence,"  &c. 

Garrett  vs.  Peoples  Ey.,  6  Penn.  29  at  34.   (yr.  1906) 

Sec.  15.  All  operators  of  motor  vehicles  shall,  upon  re- 
quest or  signal  of  any  constable  or  police  officer,  stop  and  ex- 
hibit their  registration  certificate  or  license,  and  shall  furnish 
to  any  legally  constituted  authority  all  information  in  their 
possession  as  to  the  identity  of  the  operator  or  owner  of  any 
motor  vehicle. 

Sec.  16.  The  constables  and  police  officers  of  any  city, 
town  or  county  of  this  State  may  arrest  upon  view  and  with- 
out warrant  any  person  or  persons  violating  any  of  the  pro- 
visions of  this  Act.  In  the  event  of  an  arrest  as  aforesaid,  if 
the  defendant  is  unable  to  give  sufficient  bail  for  a  hearing  or 
for  his  appearance  at  Court,  the  magistrate  before  whom  he 
is  first  taken  may  accept  a  forfeit,  conditioned  upon  the  de- 
fendant's appearance  as  aforesaid,  a  sum  of  money  equal  in 
amount  to  the  maximum  fines  which  could  be  imposed  under 
the  provisions  of  this  Act,  and  the  costs,  or  in  lieu  of  such  bail 
or  forfeit  may  accept  any  article,  of  sufficient  value,  or  hold  in 
custody  the  motor  vehicle  found  in  the  possession  of  the  de- 
fendant ;  and  such  magistrate,  after  the  trial  of  the  defendant 
if  not  sufficient  bail  according  to  law  has  been  given  in  the 
meantime,  shall  make  such  order  as  to  the  disposition  of  such 
motor  vehicle  or  other  articles  as  to  him  shall  seem  just  and 
proper. 

Sec.  17.  Any  person  violating  any  of  the  provisions  of 
this  Act,  shall  be  subject  to  a  fine  of  not  less  than  ten  nor  more 
than  twenty-five  dollars  to  be  collected  by  summary  conviction 
before  any  Mayor  or  Justice  of  the  Peace  or  Judge  of  the  Mu- 
nicipal Court  of  the  City  of  Wilming-ton  as  like  fines  and 
penalties  are  now  by  law  collectible ;  or  in  case  of  non-payment 


ACTS  OF  THE  GENERAL  ASSEMBLY.  561 

of  a  fine  to  undergo  an  imprisonment  for  a  period  not  exceed-  non-payment 
ing  ten  days.     Any  person  or  persons  who  have  been  previ-  j^y".*"-^" 
ously  convicted  before  a  IMayor,  Justice  of  the  Peace  of  this  prisonment. 
State,  or  Judge  of  said  Municipal  Court,  of  any  violation  of 
the  provisions  of  this  Act,  upon  commission  of  a  second  or  sub- 
sequent offense  within  a  period  of  six  months  shall  be  sen-  penalty  in- 
tenced  to  pay  a  fine  of  not  less  than  twenty-five  dollars  nor  ^^econ'^fir '" 
more  than  one  hundred  dollars,  and  in  case  of  non-payment  of  o^en^sT^"* 
such  fine  to  undergo  an  imprisonment  for  a  period  not  exceed- 
ing twenty  days. 

Sec.  18.    Any  person  who  has  been  previously  convicted  Penalty  fur- 

•'    ^  .  ther  m- 

of  any  violation  of  the  provisions  of  this  Act  upon  the  com-  creased  for 

•-IP-  1111  third,  of- 

mission  of  a  third  offense  withm  a  period  of  six  months  shall  fense. 
be  sentenced  to  paj^  a  fine  of  not  less  than  one  hundred  dollars 
nor  more  than  two  hundred  dollars,  or  imprisoned  for  a  period 
not  exceeding  three  months,  or  both,  in  the  discretion  of  the 
Court.  Upon  the  certification  of  the  Secretary  of  State  by 
any  Mayor,  Justice  of  the  Peace  or  said  Judge  of  a  third  con- 
viction for  violation  of  the  provisions  of  this  Act  in  any  one 
3'ear,  the  license  issued  to  such  person  so  convicted  may  im- 
mediately be  revoked  by  the  Secretary  of  State,  and  shall  not  ^ . 

"^  ^  J  1  License  may 

again  be  reissued  for  a  period  of  one  year  after  such  revoca-  be  revoked, 
tion. 

Sec.  19.  Any  person  convicted  under  the  provisions  of  Any  person 
this  Act  shall  have  the  right  to  an  appeal  to  the  Court  of  Gen-  may  appeal. 
eral  Sessions  of  the  County  upon  giving  bond  in  the  sum  of 
five  hundred  dollars  to  the  State  with  surety  satisfactory  to 
the  IMayor,  Justice  of  the  Peace  or  Judge  before  whom  such 
person  was  committed.  Such  appeal  to  be  taken  and  bond 
given  within  two  daj's  from  the  time  of  conviction. 

Sec.  20.     The  term  "motor  vehicle"  as  used  in  this  Act  ^moto?  ve- 
shall  apply  to  all  wheeled  vehicles  operated  by  any  form  of  ^ned.  ^^' 
engine,  motor  or  mechanical  power,  excepting  road  rollers, 
traction  engines  and  vehicles  which  move  upon  or  are  guided 
by  a  track. 


562 


ACTS  OF  THE  GENERAL  ASSEMBLY. 


Sec.  21.     The  revenue  derived  from  the  registratiori  of 


Revenue  to 
be  paid  to 

State  Treas-  motor  Vehicles  and  the  licensing  of  operators  thereof  under 


urer. 


the  provisions  of  this  Act  shall  be  paid  to  the  State  Treasurer. 


Licenses  to  Sec.  2-2.    That  all  registration  and  licenses  in  effect  at  the 

continue  in        .  o        • 

efEect  until     time  of  the  approval  of  this  Act  shall  continue  in  force  until 
the  first  day  of  January,  A.  D.  Nineteen  Hundred  and  Ten. 

Chap.  124,  Sec.  23.    That  Chapter  124  of  Volume  23,  Laws  of  Dela- 

Vol.  23,  and  ^  ' 

Chap.  144,      ware,  and  Chapter  144  of  Volume  24,  Laws  of  Delaware,  be 

Vol.  24,  '  ^  '  ' 

repealed.        and  the  same  are  hereby  repealed. 
Approved  April  29,  A.  D.  1909. 


22D.  L.  248.    -^^  ACT  in  relation  to  Peddlers  ivithin  the  County  of  New 
Castle. 


Jurisdiction 

of  offense 
under  this 
Act. 


Sec.  10.  All  violations  of  this  Act  and  offenses  against 
same  are  misdemeanors,  and  the  JNIunicipal  Court  of  the  City 
of  Wilmington  and  the  Justices  of  the  Peace  in  and  for  New 
Castle  County  shall  have  jurisdiction  to  hear,  try  and  deter- 
mine them  or  any  of  them  upon  information  lodged  therein  by 
the  Attorney  General  of  this  State,  his  Deputy,  or  the  prose- 
cuting officer  of  the  Municipal  Court  or  any  other  person  un- 
der oath. 


Approved  March  8,  A.  D.  1901. 


PART  IV 


Ordinances 


OF  THE 


City  of  Wilmington,  Delaware 


OEDINxVNCES. 


565 


ORDINANCES 

As  Amended  and  in  Force  January  1st,  A.  D.  1910. 


CHAPTER  I 

ORDINANCES  RELATING  TO  CITY  OFFICERS. 


Page 
■1.     Clerk   of   Council 566       20. 

2.  City   Auditor    568 

3.  City  Auditor's  Salary 571       21. 

4.  Salary   for    City    Auditor's  ':    22. 
Clerk   571    ;    23. 

5.  Providing  a   Bond  for  Au-  24. 
ditor's    Clerk    572    '< 

6.  Defining    Duties    and    Fix-  i  25. 
Ing    Salary    of    City    Soli-  I 
citor   572    1   26. 

7.  Fixing     Compensation     of  | 
City  Solicitor  When  Away  |    27. 
on    City    Business    574    i   28. 

8.  Concerning    Duties  of  City 
Treasurer    575 

9.  Fixing       Salary      of      City  '   29. 
Treasurer's   Clerk    576 

10.  Bailiff  of   Council    577      30. 

11.  Building    Inspector    578 

12.  Providing     for    the     Num-  31. 
bering   of    Houses    579 

13.  Empowering    Building    In-  32. 
spector  to   Employ  Assist- 
ant        580 

14.  Amending     an     Ordinance  33. 
Providing    for    the     Num- 
bering   of    Houses 581       34. 

15.  Additional     Provisions     as 

to  Above   Requirements...     582       35. 

16.  Providing     for    the     Num- 
bering   of    Houses    Within  36. 
Certain    Limits    583 

17.  Corders  and   IVIeasurers   of  37. 
Wood     584 

18.  Regulating    the    Weighing  38. 
of  Hay  and  Other  Articles     586       39. 

19.  Inspector  of  Oils  and   Flu- 
ids        588    I    40. 


Page 
Inspectors    and    IVIeasurers 

of    Lumber    591 

Plumbing    Inspector    592 

Gas   Inspector    592 

Regulator  of   City   Clock..     598 
Assessors'    and    Collectors' 

Clerks   599 

Janitor  of  Municipal  Court 

Room     600 

Superintendent      of       Fire 

Alarm  Telegraph   600 

Registry   Clerk    601 

Salaries   of   Assistant    En- 
gineer, Registry  Clerk  and 

Rodman    602 

Qualifications  of  Assistant 

City   Solicitor    603 

Salary   for   Assistant    City 

Solicitor    603 

Salary     for     Deputy     City 

Judge    604 

Salaries   of   Executive    Of- 
ficers    of     the      Board      of 

Health    604 

Appointment   of   Secretary 

to   the    Mayor    604 

Providing  for  the  Election 

of    Two    Rodmen 605 

Salary   of    Clerk   of    Muni- 
cipal   Court    606 

Salary  for  Clerk  of  Coun- 
cil        606 

City      Solicitor's      Stenog- 
rapher       606 

Members    of    Council 607 

Unexpired    Terms    of    Of- 
fice         607 

Salary   of   Certain    Officers     608 


566 


ORDINANCES. 


Election  of 
Clerk. 


CLERK  OF  COUNCIL. 

AN  ORDINANCE  providing  for  the  appointment  and  pre- 
scribing the  duties  of  the  Clerk  of  the  Council. 

Section  1.  The  Council  of  Wilmington,  at  its  first  stated 
meeting  after  the  city  election,  shall  elect  a  person  to  act  as 
clerk.  ^ 


Custody  of 
records. 


Clerk's 
oflice. 


Nov.  13,  1873 


List  of 
papers  kept 
by  Clerk. 


He  shall  have  under  his  charge  the  ordinances,  records, 
muniments,  and  all  other  papers  of  this  city,  and  shall  safely 
keep  the  same.  The  northwest  chamber  on  the  second  floor  of 
the  City  Hall  shall  be  his  office,  and  he  shall  keep  the  said  ordi- 
nances, records,  muniments  and  papers  deposited  therein,  [or 
in  the  fireproof  safe  in  the  office  of  the  City  Treasurer,  No.  8 
East  Sixth  street,]  unless  otherwise  ordered  by  the  Council. 

A  list  of  said  papers,  stated  alphabetically,  shall  be  signed 
by  every  clerk  on  entering  upon  his  office,  and  kept  by  the 
President  of  Council. 


Duty  in  re- 
lation to 
furnishing 
copies  of 
records. 


Penalty. 


On  the  expiration  of  his  office  the  papers  shall  be  exam- 
ined and  compared  with  the  list  delivered  to  his  successor. 

He  shall,  upon  the  application  and  the  payment  or  tender 
of  a  fee,  at  the  rate  of  one  cent  for  every  line  of  twelve  words, 
and  twenty-five  cents  for  his  certificate,  duly  make,  certify 
and  deliver  a  copy  of  any  paper  under  his  charge  as  aforesaid, 
upon  pain  of  forfeiting,  in  case  of  every  default,  a  fine  of 
thirt}^  dollars. 


It  shall  be  the  duty  of  the  clerk,  upon  the  passage  of 

every  appropriation  ordinance,  to  open  separate  accounts  with 

the  several  heads  of  the  general  appropriation,  and  charge 

Duty  relative  them  with  cvcrv  Order  or  note  drawn  on  account  of  said  head, 

to  appropria-  ''  .  . 

tion  ordi-       before  said  orders  or  notes  are  delivered.    He  shall  credit  each 

nance. 


1.     For  time  of  election  and  term  of  office  of  Clerk  of  Council  see  Act 
of  May  3,   1893.     See  p.  157  of  this  volume. 


ORDINANCES.  567 

appropriation,  under  its  proper  head,  with  all  moneys  returned 
to  the  city,  through  the  Treasurer,  which  have  been  paid  out 
on  account  of  said  appropriations,  and  shall  aLso  keep  account 
of  all  other  moneys  paid  to  the  Treasurer,  as  evidenced  by  the 
duplicate  receipts,  and  he  shall  further  report  to  every  stated 
meeting  of  the  Council  the  unexpended  balances  to  the  credit 
of  each  head  of  appropriation. 

All  account  books  shall  be  preserved  by  the  clerk,  and  ^c^c^ount  *° 
handed  over  to  his  successor  in  office.  books. 

On  every  order  or  note  given  by  the  direction  of  Council,  Duty  in  re- 
he  shall  endorse  in  a  legible  hand  the  head  of  appropriation  to  deVs  or°  '^' ' 
which  said  order  or  note  is  to  be  charged  by  the  Treasurer  "°*^^- 
when  paid,   and  for  every  neglect  of  the  above  mentioned 
duties  he  shall  forfeit  and  pay  a  fine  of  ten  dollars. 

It  shall  be  the  duty  of  the  Clerk  of  Council  to  render  to  Duties  in  re- 
the  said  Council,  annually,  at  the  last  stated  meeting  in  De-  g'tocks!" 
cember,  an  accurate  list  of  all  the  stocks,  credits  and  produc-  orc1t\\  ^^^" 
tive  property  of  the  city.    He  shall,  upon  the  passage  of  every  ^uty  in  re- 
appropriation  bill  or  ordinance  changing  such  appropriation,  jfropriation' 
give  to  the  City  Treasurer  a  list  of  the  amounts  thus  appro- {^g^'s-'dupfi-' 
priated  or  changed.    He  shall,  when  the  duplicate  of  the  Col-  ^ltoqu"n- 
lectors  are  made  out,  hand  to  the  Treasurer  a  written  state-  ^^*^^  allowed, 
ment  of  the  amount  of  each  duplicate.    He  shall  also,  in  every 
year,   furnish  a  written  statement   to  the  Treasurer  of  the 
errors  and   delinquencies  allowed  to   the   Collectors   by   the 
Finance  Committee,  and  for  neglect  of  the  aforementioned 
duties  he  shall  forfeit  and  pay  a  fine  of  ten  dollars. 

The  Clerk  of  the  Council  shall  enter  upon  the  lien-book  all  Duty  reia- 
money  paid  on  account  of  curbing  and  paving  sidewalks,  and  trles^on^nen 
paving  beds  of  streets,  («)  and  credit  the  account  of  the  per-'^°°^" 
son  by  Avhom  it  was  paid  w^ith  the  same ;  such  entries  to  be 
made  by  the  clerk  within  ten  days  after  being  furnished  by 
the  City  Auditor  with  a  statement  of  such  payments.     The 
Clerk  of  the  Council  shall  furnish  the  Mayor  of  the  city  with  a 


568 


ORDINANCES. 


copy  of  all  ordinances,  or  parts  of  ordinances  that  it  becomes 
the  dut}^  of  the  Mayor  to  enforce.  (^) 


Dec.  7,  18S2. 


Duty  relat- 
ing to 
"Record" 
book. 


(a)  The  Street  and  Sewer  Department,  now,  has  charge  of  paving, 
curbing,  &c. 

See  Sec.  119  of  the  Charter. 

(&)  It  is  the  Mayor's  general  duty  to  see  that  all  the  ordinances  of 
the  city  are  ' '  enforced ' '  and  executed.  "  *  *  and  it  shall  be  his ' ' 
(the  Mayor's)  "duty  to  take  care  to  have  the  laws  and  ordinances  of  the 
said  city  faithfully  executed."   (Charter,  Sec.  6.) 

[All  resolutions  passed  by  the  Council  that  may  be  of 
value  for  future  reference,  shall  be,  bj^  the  Clerk  of  the  Coun- 
cil, recorded  in  a  book  kept  in  the  Clerk 's  office,  styled  ' '  Rec- 
ord. ' '  In  said  book  there  shall  also  be  kept  an  alphabetical  in- 
dex of  all  resolutions  so  recorded,  denoting  the  pages  on  which 
they  may  be  found  of  record.] 


Ordinance. 


Salary. 


The  salar^^  of  the  said  Clerk  of  the  Council  shall  be  [fif- 
juiy  25, 1908.  tccn  hundred  dollars]  per  annum,  and  he  shall  receive  no  fur- 
ther compensation  for  copying  the     *     *     *     ''annual  state- 
ment, ' '  and  such  other  writing  or  work  as  Council  shall  direct. 

All  ordinances  prescribing  duties  for  the  Clerk  of  Council, 
other  than  those  mentioned  herein,  are  hereby  repealed. 

Passed  at  City  Hall,  January  1,  1857. 


CITY  AUDITOR. 


See  Charter, 
Sees.  37-38- 
39. 

See  also  Act 
of  April  18, 
1883.  17  D. 
L.  412. 
Registry  of 
certificates 
of  city  debt. 


AX  OBDINAXCE  for  the  appointment  of  City  Auditor. 
Section  i.    *        *        *       * 


Sec.  2.  The  said  officer  shall  register,  according  to  a  pre- 
scribed form,  the  number  of  all  transfers  of  certificates  of  city 
debt,  their  dates,  the  amount  of  them,  by  whom  and  to  whom 
transferred,  the  number  and  amount  of  the  new  certificate,  the 
time  when  it  will  become  due  and  the  date  of  the  ordinance 
authorizing  the  loan. 


ORDINANCES.  569 

The  Auditor  shall  attest,  under  his  hand,  each  new  certifi-  Certificates 
cate  issued;  and  when  any  certificate  shall  be  cancelled  he 
shall  write  the  word  cancelled  on  it  and  sign  his  name  as  City 
Auditor  thereto. 

Sec.  3.     The    City   Auditor  shall   examine    [weekh',    or  ordinance  of 

''  Jan.  22,  1874. 

oftener  if  required  by  the  Finance  Committee,]  all  orders 
passed  by  the  Council  on  the  City  Treasurer  and  compare 
them  with  acts  of  Council  recorded  in  their  minute  book  di- 
recting such  orders.    He  shall  also  examine  the  accounts  of  the  Examine  or- 

°  ders  and  ac- 

Citv  Treasurer  as  they  appear  on  the  Treasurer's  books  and  counts,  and 

^       >■  '■  _        compare 

compare  them  with  the  vouchers  thereof,  and  he  shall  examine  with  vouch- 
and  compare  the  Treasurer's  accounts  of  all  money  received 
by  him  with  the  duplicate  receipt  presented  to  Council.  And 
should  any  irregularity  or  faultiness  in  the  mode  of  keeping 
the  Treasurer's  books  be  found  by  the  City  Auditor,  he  shall 
report  the  same  to  Council. 

[He  shall  make  weekly  examinations  of  the  accounts  of  Jan.  22,  is74. 
*  *  *  the  Collector  of  Taxes  with  the  following  exception, 
^,J2 .  *  *  *  those  of  the  Collector  of  Taxes  tri-weekl}^  dur- 
ing the  montlis,  of  July,  August  and  the  first  two  weete  in 
September,  and  he  shall  make  report  of  his  examinations  to 
the  Council  at  each  stated  meeting.  1     He  shall  make  quarterly  .    , 

°  -*  J,  Report  city's 

examinations  of  the  lien  book  and  report  the  amount  of  the  claims. 
city's  claim  against  all  persons  as  recorded  therein,  and  he 
shall  annually  report  the  amount  of  bonds  and  notes  issued  by 
the  city  and  which  remain  unpaid. 

He  shall  annually  lay  before  Council  the  indebtedness  of  0?  p^Jrlons^^^ 
all  persons  to  the  city  which  may  have  been  presented  by  the 
respective  committees  or  officers  under  whose  direction  the 
same  occurred. 

If  called  on  bv  any  of  the  standing  committees  of  Council  Audit  ac- 

''  °  counts  for 

he  shall  arrange  and  settle  such  accounts  which  they  may  re-  committees, 
quire  of  him. 

Sec.  4.    He  shall  be  required  to  enter  into  bond     *     *     *  bond!^" 
to  the  amount  of  five  thousand  dollars.     *******  |ee  charter. 


570  ORDINANCES. 

Monthly  g^c  5.    The  Citv  Auditor  shall  lav  before  the  Citv  Coim- 

statement  to 

City  Council,  gjj  ^^  \^^  f^^st  Stated  meeting  in  each  and  every  month  a  state- 
ment of  all  moneys  received  or  collected  by  him  during  the 
month  next  previous,  setting  forth  the  names  of  the  persons, 
estates  or  properties  paying  or  yielding  the  same,  together 
with  the  dates  of  such  receipts  or  collections  and  the  sources 
respectively. 

Dec.  21. 1S65.  [And  sliall.  in  the  months  of  ]\Iay  and  November  of  every 

o"books\°"  year,  submit  his  books  and  accounts  to  the  finance  committee 
vember  to  °'  whosc  duty  it  shall  be  to  examine  and  report  to  the  Council 
Committee.    Concerning  the  same  at  its  meeting  during  said  months.] 

Collections  gj^(.   g   rpj^^  q-^^.  Auditor  shall  collect  quarterly  from  the 

rlnllrs^  ^"*^  auctioueers  the  percentage  due  the  city,  and  all  rents,  except- 

1S62. 

the  Council  mav  direct 


,    ,„  ,,,,  ing  stall  and  water  rents,  and  perform  such  other  duties  as 

Feb.  20.  1S62         ° 


June  4.  186S.  Sec.  7.     The  City  Auditor  shall  examine  all  bills  against 

Examination  the  city  and  endorse  them  as  correct  before  they  are  reported 

and  endorse- 
ment of  bills,  to  Council  for  payment. 

Books  of  Sec.  8.     The  City  Auditor  shall  keep  a  book  or  books  in 

counts.'  which  all  accounts  of  the  city  shall  be  entered,  keeping  a 

debtor  and  credit  account  with  all  persons  doing  work  for,  or 
furnishing  goods,  or  receiving  a  salary-  from  the  city,  or  be- 
coming indebted  to  the  city  in  any  manner. 

Examination  Sec.  9.     The  City  Auditor  shall  make  monthly  examina- 

of  thi  Mu-  tions  of  the  docket  of  the  [Clerk  of  the  ]Municipal  Court,]  also 
docket  and  the  accounts  of  the  High  Constable,  each  of  whom  shall  render 
High  Con-  to  the  Auditor  a  specific  account  in  writing  monthly  and  col- 
coiiections     lect  from  them  fines,  dues  or  costs  that  may  be  in  their  hands 

of  fines  and  .  .        ' 

costs.  accruing  to  the  city. 

Monthly  ex-  He  shall  also  examine  monthly  the  accounts  of  the  Clerk 

a^^o^unt^f"    of  the  ^Market.  Assessors  and  Collectors  and  Street  Commis- 
Marke°t,  As-  sioucr,  also  attend  to  and  require  auctioneers  to  take  out  their 
Collectors!     liccnscs  regularly  according  to  law.  and  report  to  Council  on 
the  first  stated  meeting  of  each  month. 


ORDINANCES.  571 

Sec.  10.     [The  office  of  the  Citv  Auditor  shall  be  occupied  J^n.  22.  i874. 

"-  '  ,,  ^  The  City  Au- 

by  the  Auditor  aloue.  and  he  shall  not  be  allowed  to  transact  ditor  shaii 

,       .         ,  .        J.J,  1-1111  "ot  transact 

anv  other  business  therein  during  his  omce  hours,  which  shall  any  but  city 

*'  busiriGssin. 

be  from  9  o'clock  A.  M.  to  1  o'clock  P.  ]\1.,  and  from  2  to  5  his  office  dur- 

in^  offiC6 

o'clock  P.  M.,  and  it  shall  be  his  duty  to  be  in  his  office  on  all  hours, 
business  days  during  the  aforesaid  hours.]   except  when  en- °^'^®  ^°"'^^' 
gaged  elsewhere  attending  to  the  duties  of  his  office. 

Sec.  11.    All  moneys  received  by  the  Auditor  shall  be  de-  J''^"-  22.  18T4. 
posited  by  him  in  the  bank  in  which  the  city  accounts  are  kept,  Smieys."^ 
to  the  credit  of  The  ]\Iayor  and  Council  of  Wilmington,  on  the 
day  they  are  received  b}"  him  at  as  near  the  close  of  bank  hours 
as  possible,  and  he  shall  take  therefor  from  the  bank  officers 
duplicate  certificates  of  deposit,  one  of  w^hich  he  shall  deliver  of  deposit^^ 
to  the  City  Treasurer  immediately  thereafter,  taking  duplicate 
receipts  therefor,   one  of  which   receipts  he  shall  forthwith 
transmit  to  the  Chairman  of  the  Finance  Committee,  and  the 
other  file  in  his  office  with  the  other  certificates  of  deposit. 

Passed  at  City  Hall,  April  21,  1859. 


AX  ORDINANCE  providing  a  salary  for  the  City  Auditor. 

Section  1.^    That  from  and  after  the  passage  of  this  ordi- 
nance, the  City  Auditor  shall  receive  a  salary  of  Fifteen  Hun- 
dred Dollars  per  annum ;  the  same  to  be  payable  at  the  same 
time,  and  in  the  same  manner  as  the  salaries  of  the  other  city" 
officials  are  now  payable,  to  take  effect  July  1,  1908. 

Sec.  2.    That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  be  and  the  same  are  hereby  repealed. 

Approved  July  25,  1908. 


AN  ORDINANCE  providing  a  salary  for  the  City  Auditor's 
Clerk. 

Section  1.    That  from  and  after  the  passage  of  this  ordi-  salary  of 
nance  the   City   Auditor's   Clerk   shall   receive   a   salary,  of  tor's  cierk. 


1.     See  Sec.  31,  '-Third,"  p.  60,  of  the  Charter. 


572 


ORDINANCES. 


Bond. 


Twelve  Hundred  Dollars  per  annum ;  the  same  to  be  payable 
at  the  same  time,  and  in  the  same  manner  as  the  salaries  of 
other  city  officials  are  now  payable,  to  take  effect  July  1,  1908. 

Sec.  2.    All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  are  hereby  repealed. 

Approved  July  25,  1908. 


AN  ORDINANCE  to  provide  for  the  bonding  of  the  Auditor's 
Clerk. 

Section  1.  That  the  Auditor's  Clerk,  hereafter  to  be 
elected,  shall,  within  five  days  after  his  election,  and  before 
entering  upon  the  duties  of  his  office,  («)  give  bond,  with  war- 
rant of  attorney  thereto  annexed,  in  the  sum  of  three  thousand 
dollars,  conditioned  for  the  faithful  performance,  by  the  said 
clerk,  of  all  the  duties  of  his  said  office,  and  the  faithful  pay- 
ment to  the  proper  city  officers  of  all  moneys  belonging  to  the 
City  of  "Wilmington  which  may  come  into  his  hands. 

Passed  at  City  Hall,  May  7,  1885. 

(a)  See  the  case  of  Pickering  vs.  Day,  2  Del.  Ch.  33.3  at  334.  (vr. 
1866)     And  see  Sec.  11  "a"  of  the  Charter. 


See  Sees.  40- 
41  of  Char- 
ter as 
amended. 

Duties  of 
Citv  Solici- 
tor. 


Give  legal 
opinion. 


CITY   SOLICITOR. 

AN  ORDINANCE  providing  for  the  appointment,  defining 
the  duties  and  fixing  the  salary  of  a  City  Solicitor. 

Sec.  2.  It  shall  be  the  duty  of  the  said  City  Solicitor  to 
draft  all  bonds,  deeds,  obligations,  contracts,  leases,  convey- 
ances, agreements,  and  other  legal  instruments  of  whatever  na- 
ture, which  may  be  required  of  him  by  an  ordinance  or  order 
of  the  Council,  or  which  by  any  ordinance  or  order  may  be 
requisite  to  be  done  and  made  by  the  City  of  Wilmington,  and 
which,  by  law,  usage  and  agreement,  the  city  is  to  be  at  the  ex- 
pense of  drawing.  And  further,  that  he  shall,  in  all  matters, 
do  all  and  ever}-  professional  act  incident  to  the  office  that  may 


ORDINANCES.  573 

be  required  of  him  by  the  City  Government  or  by  any  stand- 
ing or  special  committee  thereof,  or  by  any  ordinance  or  or- 
der ;  and  he  shall,  when  required,  furnish  the  Mayor,  the  mem- 
bers of  the  Council,  or  any  standing  or  special  committee  of 
the  Council,  the  Board  of  Health  or  any  standing  or  special 
committee  thereof,  or  any  officer  of  the  City  Government  or 
the  Board  of  Health,  who  may  require  it  in  the  official  dis- 
charge of  his  duties,  with  his  legal  opinion  on  anj^  subject 
touching  the  duties  of  their  respective  offices.  Provided,  that  Proviso. 
where,  in  his  opinion,  his  advice  given  to  any  officer  might 
prejudice  the  interest  of  the  city  in  future  settlements  with 
said  officer  or  his  sureties,  he  may  be  at  liberty  to  decline  giv- 
ing his  opinion  to  said  officer. 

Sec.  3.  It  shall  be  the  duty  of  said  City  Solicitor,  at  the 
request  of  the  [Judge  of  the  Municipal  Court]  to  appear  in 
behalf  of  the  city  when  cases  of  violation  of  city  ordinances 
are  before  the  [Judge  of  the  ^Municipal  Court ;]  it  shall  also  be 
his  duty  to  appear  for  the  city  in  the  State  courts  when  such 
cases  are  taken  to  the  State  courts  by  writs  of  certiorari  or 
otherwise;  (")  it  shall  also  be  his  duty  to  take  charge  of  all 

pi-ri  •  1-11         -j^  Appearance 

suits  m  any  of  the  courts  oi  this  State  m  which  the  city  or  any  for  city  in 
of  its  departments  is  a  party ;  it  shall  also  be  the  duty  to  col- 
lect, by  process  of  law,  any  or  all  debts  due  the  city  that  may 
be  placed  in  his  hands  for  collection  by  order  of  the  Coun- 
cil. (&) 

(a)  As  to  other  duties  iu  the  Municipal  Court,  see  Sec.  17  of  the 
Charter. 

(b)  The  above  ordinance  was  passed  iu  1859,  and  The  Council,  then, 
by  and  through  its  committees,  had  full  charge  of  all  citv  matters.  It  is 
different  now,  and  it  is  the  duty  of  the  City  Solicitor  to  act  when  re- 
quested so  to  do  by  the  various  Departments. 

Sec.  4.  Whenever  the  corporation  of  said  city  shall  de-  Examina- 
sign  to  purchase  any  real  property,  the  title  papers  shall  be  titi"es.°^ 
furnished  to  the  City  Solicitor,  and  no  contract  shall  be  made 
or  money  paid  on  account  of  such  purchase,  except  under  the 
advice  of  said  Solicitor  as  to  the  title  of  the  property  in  ques- 
tion, and  the  legal  sufficiency  of  the  deeds  or  other  instru- 
ments intended  to  convey  the  same  to  the  city ;  and  also  that 
all  bonds  or  other  written  instruments  involving  the  interests  ^^j^js.^'^^  °^ 


574 


ORDINANCES. 


Preparation 
of  ordi- 
nances. 


of  the  city,  to  be  executed  by  or  passed  to  the  Mayor  or  other 
officer  of  the  corporation  shall,  before  they  are  executed  or  re- 
ceived, as  the  case  may  be,  have  been  examined  and  approved 
by  the  said  City  Solicitor. 

Sec.  5.  It  shall  be  the  duty  of  the  City  Solicitor  to  pre- 
pare all  ordinances,  resolutions  and  memorials  required  of  him 
by  any  committee  of  the  Council,  and  in  the  preparation  of  or- 
dinances it  shall  be  his  special  duty  to  so  prepare  them  that 
they  will  not  conflict  with  any  ordinances  still  designed  to  be 
left  in  existence. 


Report  to 
Council. 


Act  of  March 
25,  1907,  24 
D.  L.  357. 
Salary. 


Sec.  6.  It  shall  be  the  duty  of  the  City  Solicitor  at  the 
stated  meeting  of  Council  just  previous  to  the  expiration  of  his 
term  of  office,  to  report  in  writing  to  the  City  Council  all  the 
unfinished  business  in  his  department,  including  the  names, 
grounds  and  stages  of  progress  of  all  suits  pending  in  which 
the  city  is  a  party  or  is  interested,  with  the  names  and  results 
of  such  suits  affecting  the  city,  as  may  have  been  decided  or 
adjusted,  and  such  other  information  as  to  the  business  of  his 
department  as  he  may  think  important  or  the  Council  may 
direct. 

Sec.  7.  The  salary  of  the  City  Solicitor  shall  be  [twenty- 
five  hundred  dollars  per  annum]  payable  monthly.  He  shall 
not  receive  any  additional  compensation  for  services  rendered 
the  city,  except  when  said  services  require  his  absence  from 
the  city.' 

(Original  ordinance.) 

Passed  at  City  Hall,  June  30,  1859. 


Extra  com- 
pensation. 


AN  ORDINANCE  to  fix  the  compensation  of  the  City  Solici- 
tor when  called  by  city  business  outside  the  city  limits. 

Section  1.  The  City  Solicitor  whenever  he  is  called  by 
city  business  outside  the  city  limits  shall  receive  as  compensa- 
tion in  addition  to  his  regular  salary,  his  actual  traveling  ex- 
penses, and  the  sum  of  three  dollars,  ($3.00)  per  diem,  as  ex- 
tra compensation  when  called  out  of  the  city  by  the  instruc- 


ORDINANCES.  D  i  O 

tions  of  the  Law  Committee  or  the  Council  and  at  no  other 
time. 

Passed  at  City  Hall,  June  23,  1887. 


CITY    TREASURER. 

AX  ORDIXAXCE  concerning  the  duties  of  the  City  Treas- 
urer. 

Section  1.    The  City  Treasurer  shall  furnish  the  Council  the  city 
at  each  stated  meeting,  a  statement  of  all  moneys  received  by  ggg  a.iso 
him  during  the  period  between  such  stated  meeting  and  the  ^m^n^decf^ 
one  immediately  preceding;  also  a  statement  of  the  discount  ff.'i|-.|o'^^' 
paid  upon  each  note  the  city  may  have  discounted  in  bank  Furnish 
during  said  period.  statements 

*=  ^  .to  the  Coun- 

cil. 

Sec.  2.     All  moneys  belonging  to  the  city,  which  shall  Deposit 

•^  °      °  •"  moneys. 

come  into  the  hands  of  the  City  Treasurer,  shall  be  by  hnn  de- 
posited every  day  in  some  incorporated  banking  institution,  or 
institutions  in  the  City  of  Wilmington,  in  the  name  of  The 
Maj'or  and  Council  of  Wilmington,  and  [he  shall  be  required 
to  take  from  the  officers  of  said  institution  or  institutions,  cer- 
tificates of  deposit  in  duplicate,  in  form  provided  by  the  Coun-  • 
cil,  one  of  which  he  shall  deliver  immediately  thereafter  to  the 
City  Auditor,  taking  duplicate  receipts  therefor,  one  of  which 
he  shall  file  in  his  office  with  the  other  certificates  of  deposit,  of  ^eposi\s^ 
and  the  other  he  shall  deliver  to  the  Chairman  of  the  Finance  jan.  22. 1874. 
Committee,  and  these  moneys  and  all  others  in  the  city  treas- 
ury,] shall  be  drawn  out  thereof  only  on  an  order  signed  by 
the  President  and  Clerk  of  Council,  and  countersigned  by  the 
City  Treasurer  and  City  Auditor,  or  in  case  of  the  absence  or  moneys! 
temporary  disability  of  either,  then  by  such  persons  as  the 
Council  shall,  by  resolution,  designate  for  such  purpose,  and 
the  other  three.     ****** 

Sec.  3.     The  City  Treasurer  shall,  before  entering  upon  Bond, 
the  duties  of  his  office,  "give  bond  as  prescribed  in  Section  (33) 
of  the  city  charter,  in  the  sum  of  twenty-five  thousand  dollars. 


576  ORDINANCES. 

Sept.  25, 1873.  gg(^_  ^      rj^-^Q  YoovQ.  [upoii  the  first  floor  of  the  building 

Office  known  as  number  8,  East  Sixth  street,]  now  occupied  by  the 

City  Treasurer,  shall  in  future  be  the  office  of  the  City  Treas- 
jan.  22, 1874.  hyq^^  uuless  Otherwise  directed  by  the  City  Council.  [The  of- 
offiee  hours  ^'^^  ^^  ^^^^  ^^^^  Treasurer  shall  be  occupied  by  the  Treasurer 
alone,  and  he  shall  not  be  allowed  to  transact  any  other  busi- 
ness therein  during  his  office  hours,  which  shall  be  from  9 
o'clock  A.M.,  to  1  o'clock  P.  M.,  and  from  2  o'clock  to  5 
o'clock  P.  M.,  on  all  ordinary  business  days.] 

Monthly  Sec.  6.    It  shall  be  the  dutv  of  the  Citv  Treasurer  at  the 

statements. 

end  of  each  month,  not  later  than  the  second  stated  meeting 
thereafter,  to  make  a  statement  to  Council  in  regard  to  the 
finances,  giving  the  amount  of  money  received,  amount  paid 
out,  the  amount  of  bills  payable,  the  amount  of  orders  on 
hand  and  unpaid,  and  anj-  other  information  that  maj^  be  nec- 
essary to  give  Council  knoAvledge  of  the  state  of  the  finances, 
so  that  they  may  not  knowingly  order  w^ork  done,  when  the 
state  of  the  treasury  will  not  allow  it.  [It  shall  also  be  the 
Jan.  22, 1874.  ^^^^  ^f  ^j^g  Q^-^y  Treasurer  to  keep  a  cash  book,  in  which  he 
shall  enter  his  cash  receipts  and  disbursements,  and  balance 
the  same  daily  at  the  close  of  his  business  hours,  detailing  how 
said  balance  is  made  up.] 

Passed  at  City  Hall,  February  20,  1S62. 


Cash  book. 


Salary. 


AX  ORDIXAXCE  fixing  the  salary  of  the  City  Treasurer's 
Clerk. 

Be  it  ordained  by  the  Council  of  Wilmington : 

Section  1.  On  and  after  the  passage  of  this  ordinance 
the  salary  of  the  City  Treasurer's  Clerk  shall  be  Twelve  Hun- 
dred Dollars^  per  annum  to  be  paid  monthly  in  the  same  man- 
ner as  other  city  officers  are  paid. 

Sec.  2.  All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  be  and  the  same  are  hereby  repealed. 

Passed  by  Council  July  22,  1909. 


1.     For  the  time  of  election  and  term  of  office  of  the  Bailiif,  see  Act  of 
May  3,   1893.   supra,  p.   157. 


ORDINANCES.  577 

Returned  to  The  Council  unapproved  by  the  Mayor  with 
his  reasons  August  5,  1909. 

Passed  by  two-thirds  («)  vote  of  The  Council  August  5, 

1909. 

(a)   It  would  be  better  to  state  the  number  of  votes  cast  for,  and 
against,  the  bill. 


BAILIFF  OF  COUNCIL, 

AN  OBDINANCE  providing  for  the  appointment,  defining 
the  duties  and  fixing  the  salary  of  the  Bailiff  of  the  Coun- 
cil. 

Section  1.    The  Council  shall,  at  the  first  meeting  after  andTterm. 
the  city  election  in  every  year,  elect  a  person  to  act  as  Bailiff^ 
o-f  the  Council,  to  serve  until  the  meeting,  for  the  next  annual 
election  of  Bailiff  of  the  Council  and  until  a  successor  is 
chosen. 

Sec.  2.    It  shall  be  the  duty  of  the  Bailiff  of  the  Council  Hours  of 

duty. 

to  be  at  the  City  Hall  every  day,  except  Sunday,  from  8 
o'clock  A.  M.,  to  12  o'clock  M.  and  from  3  o'clock  to  5  o'clock 
P.  M.  He  shall  attend  and  wait  upon  the  council  *  *  * 
and  when  such  committees  shall  request,  upon  committees  of 
the  said  body  at  all  meetings  whenever  held. 

He  shall  perform  all  services  relating  to  the  public  busi- 
ness of  the  said  body  and  its  committees  and  of  the  Mayor, 
Clerk  of  the  Council.     *********«=** 


And  shall  deliver  all  papers  entrusted  to  him  by  them  for  General 
delivery,  and,  in  general,  shall  perform  all  services  pertaining 
to  the  character  of  his  office,  as  the  Council  may  direct. 


He  shall  have  the  care  and  custody  of  the  Citj^  Hall,  ex-  c^re  of  city 
cept  the   apartments  in   the  basement   thereof,   and   of  the  ^-ounds! 
grounds  belonging  thereto,  subject  to  the  orders  of  the  Coun- 
cil or  Committee  on  Public  Buildings. 


1.     See  Act  of  March  25,  1907,   24  D.  L.  345,  Sec.  32. 


578 


ORDINANCES. 


On  application  and  the  payment  of  a  fee  of  one  dollar,  he 
shall  open  and  light  the  lower  room  of  the  City  Hall  for  the 
purpose  of  holding  political  meetings ;  but  the  said  room  shall 
not  be  gTanted  for  other  than  political  purposes,  unless  the 
expense  of  lights  and  fuel  be  previously  paid  to  the  Committee 
on  Public  Buildings,  and  the  Bailiff  paid  for  his  attendance. 


Removal  of 
snow. 


Openin 
apartments 
of  the  hall 
and  yard. 

Collections 
for  hall  and 
gas. 


He  shall  sweep  and  keep  in  order,  shall  bring  fuel  to  and 
make  the  fires  necessary  to  heat  all  the  rooms  of  the  Cit}^  Hall 
above  the  basement,  except  the  station  of  the  watchman  upon 
the  building.  He  shall  remove  from  the  pavements  adjacent 
to  the  City  Hall  any  snow  or  hail  that  may  fall  thereon,  within 
ten  hours  between  sunrise  and  sunset  after  the  same  has  ceased 
to  fall,  and  when  such  removal  can  be  made  without  injury  to 
the  the  pavements.  He  shall  open  and  prepare  any  of  the  apart- 
ments of  the  Qity  Hall  and  the  yard  thereof  whenever  the 
same  shall  be  properly  iised  for  any  public  purpose.  He  shall 
collect  all  sums  due  for  the  use  of  the  Citj'  Hall  or  grounds, 
and  for  gas,  all  fuel,  and  pay  the  same  to  the  Treasurer.^ 


Salary.     .  §£(._  3,     The  salary  of  the  Bailiff  of  the  Council  shall  be 

[seven  hundred  and  twenty  dollars]  per  annum,  and  no  fur- 
ther compensation  shall  be  paid  him  by  the  Council  *  *  * 
or  directly  or  indirectly  by  the  city  for  am^  services  rendered 
by  him  under  the  provisions  of  this  ordinance,  or  in  his  official 
capacity  of  Bailiff     *     *     *     aforesaid. 

Passed  at  City  Hall,  November  27,  1863. 


BUILDING  INSPECTOR. 

AN  ORDINANCE  providing  for  nimibering  houses  within 
certain  limits. 

System  of  SECTION  1.     That  the  Street  Commissioner-  be,  and  he  is 

ho^es.^'"^     hereby  authorized  and  directed  to  cause  to  be  numbered  the 


1.  For  duties  see  also  Act  of  May  3,  1893,  at  p.  157  of  this  volume. 

2.  The  duty  required  of  the  Street  Commissioner  by  this  Ordinance  is 
now  performed  by  the  Building-  Inspector. 


ORDINANCES.  579 

houses  in  this  city  within  the  limits  following ;  that  is  to  say, 
the  houses  between  West  and  Lombard  streets,  and  from 
Water  to  Ninth  streets,  inclusive,  and  aLso  the  houses  in  ]\[ar- 
ket  street,  from  the  Christiana  to  the  Brandywine;  and  that 
the  number  of  each  house  shall  be  so  placed  upon  the  front  of 
said  house  as  to  be  easily  designated. 

Sec.  2.    The  numbering  of  Market  street  shall  commence  commence- 

.  ment. 

at  the  Christiana,  and  the  numbering  of  the  cross  streets  shall 
commence  on  each  side  of  Market  street. 

Sec.  3.    The   owner  or  owners  of  each  house  so  numbered  costs. 
as  aforesaid  shall  be  liable  for  the  cost  of  making  and  affixing 

,  ,  ,    .  „  , ,  „      .  Collection. 

such  number,  and  m  case  or  the  owner  or  owners  refusing  or 
neglecting  to  pay  to  the  Street  Commissioner  said  cost  or 
charge,  the  amount  shall  be  recoverable  by  suit  before  the 
[Municipal  Court]  in  the  same  manner  as  other  debts  of  like 
amount  are  recoverable. 

Passed  at  Citv  Hall,  August  27.  1847. 


AN  ORDINANCE  providing  for  the  numbering  of  the  houses 
within  the  city  limits. 

Section  1.  The  Street  Commissioner^  shall  cause  to  be  Numbering 
numbered  the  houses  in  this  city  in  the  following  manner,  viz : 
For  Market  street  and  the  streets  -parallel  Avith  the  same,  the 
numbering  shall  commence  at  the  Christiana  river  and  termi- 
nate at  Front  street ;  after  Front  street  the  first  number  shall 
be  100,  and  the  numbering  shall  terminate  at  Second  street ; 
after  Second  street  the  first  number  shall  be  200,  and  the  num- 
bering shall  terminate  at  Third  street ;  and  so  successively  at 
every  street  the  numbering  shall  be  renewed,  and  the  first 
house  after  every  street  shall  be  designated  by  a  number  one 
hundried  more  than  the  first  house  after  the  street  next  south 
of  it.  And  for  the  streets  running  at  right  angles  with  i\Iarket  System, 
street,  the  numbering  shall  be  in  the  same  manner  as  for  ]\Iar- 
ket  street  and  streets  parallel  with  it,  but  the  numbering  shall 
commence  at  INIarket  street,  and  the  numbers  shall  extend  east 
and  west  from  Market  street  by  distinct  series ;  the  first  house 

1.     The  Building  Inspector  now  performs  this  duty. 


580 


Expenses  of 
numbering. 


ORDINANCES. 

east  of  Market  shall  be  numbered  "one,"  and  the  first  house 
after  King  street  shall  be  numbered  100,  and  the  numbering- 
shall  be  so  continued  to  the  eastern  limit  of  the  city ;  and  the 
first  house  west  of  IMarket  street  shall  be  number  one,  and  the 
numbering  shall  thence  be  continued  to  the  western  limit  of 
the  city  in  like  manner  as  from  the  east  side  of  Market  street. 

Sec.  2.  The  owner  or  owners  of  each  house  so  numbered 
as  aforesaid  shall  be  liable  for  the  cost  of  making  and  affixing 
such  number,  and  in  case  of  the  owner  or  owners  refusing  or 
neglecting  to  pay  to  the  Street  Commissioner  said  cost  or 
charge,  the  amount  shall  be  recoverable  by  suit  before  the 
[Municipal  Court]  in  the  same  manner  as  other  debts  of  the 
like  amount  are  recoverable. 

Passed  at  City  Hall,  March  24,  1859. 


Building  In- 
spector's 
Assistant. 


Salary. 


AN  ORDINANCE  empowering  the  Building  Inspector  for  the 
City  of  Wilmington  to  employ  an  assistant. 

Be  it  ordained  by  the    Council  of  Wilmington : 

Section  1.  That  the  Building  Inspector  for  the  City  of 
Wilmington  be,  and  he  hereby  is,  authorized  to  employ  an  as- 
sistant for  such  time  as  he  may  deem  necessary  for  the  pur- 
pose of  assisting  in  renumbering  the  houses  of  the  City  of  Wil- 
mington. 

Sec.  2.  That  said  assistant  shall  receive  the  salar}"-  of 
Seventy-five  Dollars  per  month,  the  same  to  be  payable  at  the 
same  time  and  in  the  same  manner  as  the  salaries  of  other  city 
officials  are  now  payable. 

Sec.  3.  That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  be  and  the  same  are  hereby  repealed. 

Passed  at  City  Hall. 

Approved  October  10,  1908. 


ORDINANCES.  581 

AX  ORDINANCE  to  amend  an  ordinance  entitled  "An  Ordi- 
nance providing  for  the  numheri)ig  of  the  houses  within 
the  city  limits." 

Section  1.  That  the  duty  heretofore  devolving  upon  the 
Street  Commissioner  with  reference  to  the  numbering  of 
houses  in  the  City  of  AVilmington  is  hereby  abrogated,  and  it  Building 
is  hereby  made  the  duty  of  the  Building  Inspector  to  cause  the  Ses:^°^^ 
provisions  of  all  existing  ordinances  as  well  as  all  future  ordi- 
nances with  reference  to  the  numbering  of  houses  in  this  city 
to  be  carried  into  effect;  and  the  said  Building  Inspector  is 
hereby  put  in  the  place  and  stead  of  the  Street  Commissioner 
aforesaid. 

Sec.  2.  That  the  houses  on  ]\larket  street  south  of  the 
Christiana  river,  and  on  streets  running  parallel  thereto  shall 
be  numbered  in  the  manner  following,  to  wit : 

Commencing  at  Heald  street  and  Christiana  avenue  with  system  of 

.  •      1  •!      1       numbering 

the  number  one,  and  continuing  thus  consecutively  until  the  houses, 
first  cross  street  (Peach  street)  is  reached,  when  the  number- 
ing shall  commence  at  one  hundred  (100)  and  continue  there- 
from consecutively,  until  the  next  cross  street  (Apple  street) 
is  reached,  when  the  numbering  shall  commence  at  two  hun- 
dred (200)  and  continue  therefrom  consecutively  until  the 
next  cross  street  (Lobdell  street)  is  reached,  when  the  number- 
ing shall  commence  at  three  hundred  (300)  and  a  like  rule 
shall  be  observed  at  the  reaching  of  each  consecutive  main 
cross  street,  until  the  city  line  is  reached. 

And  with  houses  situated  on   streets   running   at  right  streets  run- 
ning at  right 
angles  with  Market  street,  the  numbering  shall  commence  at  angles  to 

^r,  -,  -.  1  11-  1  1  Market 

Market  street  and  extend  east,  the  same  rule  being  observed  street, 
with  reference  to  said  numbering,  as  is  now  provided  by  law 
with  reference  to  houses  on  similar  streets  lying  north  of  the 
Christiana  river. 

Sec.  3.    Christiana  avenue  shall  be  numbered  in  the  same  pJ?"^,^I^"^ 
manner  as  streets  running  at  right  angles  to  Market  street  are 
numbered,  that  is,  commencing    with    the    same    number  at 


582 


ORDINANCES. 


Heald  street  as  the  streets  running  at  right  angles  to  Market 
street  have  at  Heald  street. 


New  Castle 
avenue. 


Sec.  4.  New  Castle  avenue  shall  be  numbered  in  the  same 
manner  as  streets  running  parallel  to  Market  street  are  num- 
bered, that  is,  commencing  with  the  same  number  at  Lobdell 
streets  as  the  streets  running  parallel  to  ]\Iarket  street  have  at 
Lobdell  street. 


Sec.  5. 


A_ll  streets  extending  south  of  the  Christiana 
]\Iarket  street  shall  have  the  word 
"South"  prefixed  before  the  name  of  said  street  in  all  cases 
where  such  street  extends  north  of  the  Christiana  river. 

Sec.  6.  All  the  provisions  of  law  which  are  now  in  force 
with  reference  to  the  numbering  of  houses  within  this  city  are 
hereby  extended  and  made  to  apply  to  the  numbering  of 
houses  as  by  this  ordinance  provided. 

Passed  at  City  Hall.  December  5,  1889. 


streets  south 

of  Christi-  .  ,,    ,  . , , 

ana  river.       river    parallel    With 


Provisions 
of  law  ex- 
tended. 


Building 
Inspector  to 
direct  num- 
bering of 
houses  and 
changes 
thereat. 


Penalty  for 
failure  to 
make 
changes. 


AX  OjRDINAXCE  to  provide  for  the  numherinq  of  houses 
within  the  City  of  Wilmington. 

Be  it  orDxVIned  by  The  Council  of  Wilmington  : 

Section  1.  That  it  shall  be  the  duty  of  the  Building  In- 
spector, when  notified  that  any  error  or  irregularity  exists  in 
the  numbering  of  houses  or  other  buildings  in  the  City  of  Wil- 
mington, or  when  notified  that  houses  or  other  buildings  are 
without  numbers,  in  any  street,  lane,  court  or  alley  of  said 
city,  to  notify  the  owner  or  owners  of  said  houses  or  other 
buildings,  or  in  case  said  o^^'ner  or  owners  be  non-residents  of 
the  City  of  Wilmington,  then  the  agent  or  agents  for  such 
owner  or  owners,  what  the  correct  number  of  said  houses  or 
other  buildings  should  be  according  to  the  existing  provisions 
of  law,  and  any  such  owner  or  owners,  agent  or  agents,  who 
shall  fail  to  number  such  houses  or  other  building  as  directed 
by  the  Building  Inspector,  within  ten  days  after  receiving  no- 
tice so  to  do,  shall,  upon  conviction,  be  subject  to  a  penalty  of 
Five  Dollars  for  each  and  every  such  failure,  and  to  an  addi- 


ORDINANCES.  583 

tional  penalty  of  One  Dollar  for  each  day  that  such  violation 
of  law  shall  continue  after  the  expiration  of  said  ten  days. 

Sec.  2.    No  person  shall  place  a  number  on  any  new  house  Building 

Inspector  to 

or  Duildmg'  or  change  the  number  upon  any  house  or  other  furnish 

..  '^.  numbers  for 

building  without  first  obtaining  from  the  liuildmg  Inspector  new  houses. 
the  correct  number  of  such  house  or  other  building,  and  any 
person  who  shall  violate  the  provisions  of  this  section  shall, 
upon  conviction,  be  fined,  the  sum  of  Five  Dollars  for  each  and 
every  such  offence. 

Sec.  3.    Xo  change  shall  be  made  in  the  numbering  of  anv  Numbers  not 

""„  '^    to  be 

house  or  other  buildina-  between  anv  registration  dav  for  anv  changed  be- 

"    .  ,  "^  ,  i?      1        •    '    tween  reg- 

general  or  special  election  and  the  day  or  days  of  election  istration 

*  ^  .  .  ,        and  election. 

upon  which  persons  so   registered  on  said  registration  day 
v\'ould  be  entitled  to  vote. 

Approved  March  16.  1908. 


AN  ORDINANCE  providing  for  the   numhering  of  houses 
u'ithin  certain  limits  of  the  City  of  Wilmington. 

Section  1.    The  houses  situate  on  all  the  streets  running Mannerof 
at  right  angles  with  ^Maryland  avenue,  and  on  the  southerly  hoSes'on^ 
side  thereof  between  the  southerly  side  of  Front  street  and  the  ning  at  right 
city  line  shall  be  numbered  in  the  manner  following,  to  wit :      tiL^yfand 

avenue. 

The  numbering  shall  commence  at  the  southerly  side  of 
Maryland  avenue  Avith  the  number  one,  and  terminate  at  the 
first  cross  street ;  after  the  first  cross  street  the  first  number 
shall  be  100,  and  the  numbering  shall  terminate  at  the  second 
cross  street,  and  so  successivel.v  at  every  street  the  numbering 
shall  be  renewed,  and  the  first  house  after  every  cross  street 
shall  be  designated  by  a  number  100  more  than  the  first  house 
after  the  cross  street  next  north  of  it. 

Sec.  2.    All  the  provisions  of  law  which  are  now  in  force  „ 

^  _  ...  Penalty. 

with  reference  to  the  numbering  of  houses  within  the  City  of 
Wilmington   and  not  inconsistent   herewith,   are  herebv   ex- 


584 


ORDINANCES. 


tended  and  made  to  apply  to  the  numbering  of  houses  as  pro- 
vided by  this  ordinance. 

Approved  March  2,  1909. 


All  wood 
and.  bark 
must  be 
measured 


CORDERS  AND  MEASURERS  OF  WOOD  AND  BARK. 

AN  ORDINANCE  to  regulate  the  cordage  of  wood  and  hark 

and  to  appoint  Corders  and  Measurers  thereof. 

Section  1.  All  wood  and  bark  which  may  be  brought 
into  (^)  this  city,  for  sale,  shall  be  measured  by  such  persons 
as  are  hereinafter  appointed.  The  person  or  persons  author- 
ized to  measure  the  same  shall  be  guided  by  the  laws  of  the 
State,  with  respect  to  the  dimensions  and  package  of  a  cord, 
but  shall  be  the  sole  judges  of  the  actual  measurement  of  any 
Regulations,  load  of  the  above  mentioned  articles.  Bark  shall  be  measured 
on  the  carriage,  the  measurer  paying  due  attention  to  the  man- 
ner in  which  it  may  be  packed ;  but  wood  shall  be  packed  by 
the  corder;  with  respect  to  the  cpiality  or  condition  of  either 
of  the  before  mentioned  articles,  the  parties  shall  act  for  them- 
selves. 

(a)  This  ordinance  relates  to  wood  hrouglit  into  the  city  for  sale.  It 
does  not  apply  to  wood  sold  out  of  the  city.  A  prosecution  for  violation 
of  the  ordinance  should  be  based  upon  an  allegation  to  the  above  effect, 
viz;  a  sale  in  the  city.  An  action  was  brought  in  the  town  of  Laurel  for 
an  offense  where  the  wording  was  very  similar  to  the  above,  and  the 
Court,  in  construing  the  "Act  concerning  wood  corders,"  said: 

By  the  Court :  ' '  There  is  no  statement  in  this  record  that  the  cause 
of  action  was  *  *  for  Tjuying  or  selling  wood 
within  these  limits,'  &c.     The  case  was  dismissed. 

Fooks  vs.  Hearn,  5  Har.  363  at  364.   (yr.  1852) 


Fees  of 
corder. 


For  every  cord  of  wood  packed  and  measured  as  the  law 
directs,  the  Corder  shall  receive  as  follows,  viz :  For  such  as 
comes  by  water,  twelve  and  a  half  cents  per  cord;  for  such  as 
comes  by  land,  eighteen  cents  per  cord,  and  in  the  same  pro- 
portion for  any  lesser  quantity;  and  for  every  load  of  bark 
measured  as  aforesaid,  the  Measurer  shall  receive  ten  cents,  to 
be  paid  in  every  instance,  one-half  by  the  buyer  and  one-half 
by  the  seller ;  the  Corder  of  Wood  and  Measurer  of  Bark  shall 
retain  the  whole  of  these  fees. 


ORDINANCES.  585 

For  every  load  of  wood  which  shall  1)6  brought  into  this  ^"^^^gquh-^ 
city  and  unloaded  therein,  and  secured  or  removed  for  the  pur-  l^^J-g^^-^^g 
chaser  within  the  space  of  one  hour,  without  having  first  given  "j^J'^jark 
the  Corder  notice  thereof,  and  perinission  and  opportunity  to 
cord  the  same,  the  said  purchaser  or  receiver  shall  forfeit  and 
pay  a  fine  of  fifty  cents,  to  be  recovered  before  the  [^lunicipal 
Court].  («)     And  for  everj-  load  of  bark  which  shall  be  sold 
and  brought  into  the  city,  and  unloaded,  without  having  first 
given  the  JMeasurers  notice,  permission  and  opportunity  to 
measure  the  same,  before  it  be  unloaded,  the  purchaser  or  re- 
ceiver shall  forfeit  and  pay  a  fine  of  fifty  cents,  to  be  recovered 
as  aforesaid. 

(a)   This  ordiuance  was  passed  in  1856,  and  at  that  time  the  old 
Mayor's  Court  had  civil  jurisdiction  as  well  as  criminal  jurisdiction. 
(See  Sec.  133  "c"  of  the  Charter.) 

Any  owner  or  person  having  the  charge  of  any  load  of 
wood  or  bark,  who  shall  sell  or  dispose  of  the  same,  contrary  to 
the  stipulations  of  this  ordinance,  shall  forfeit  and  pay  the 
like  fines  as  are  imposed  on  the  purchasers  and  receivers  of 

^  '■  .  Fine. 

such  wood  and  bark,  to  be  recovered  as  aforesaid. 

Sec.  2.     The  city  shall  be  divided  into  two  districts,  viz,  cording  dis- 
an  upper  district,  embracing  all  the  city  lying  north  of  Fourth  theiMfmits. 
street,  and  a  lower  district,  embracing  all  of  the  city  lying 
south  of  Fourth  street.    As  far  as  relates  to  wood  landed  from 
vessels  or  delivered  from  the  cars  on  the  railroad,  the  said 
lower  district  shall  be  subdivided  into  two  districts  [by  a  line    ^^^  '   ' 
extending  by  the  westerly  side  of  "Walnut  street  to  the  south- 
erly side  of  Water  street;  thence,  by  the  southerly  side  of 
Water  street  to  the  dividing  line  now  existing  between  the 
lands  of  the  Philadelphia,  Wilmington  and  Baltimore  Rail- 
road Company  and  the  lands  of  George  and  George  W.  Bush; 
thence,  by  the  said  dividing  line  and  in  the  direction  thereof 
to  the  city  limit  at  the  southerly  side  of  the  Christiana  river.] 

For  each  of  these  districts,  viz :  the  upper  and  the  two  Appointment 
subdivisions  of  the  lower,  there  shall  be  appointed,  annually,  coiners. 
by  the  Council  [on  the  first  regular  meeting]  in  July,  a  Wood  junei9,i8S4. 
Corder,  who  shall  be  duly  qualified  to  perform  faithfully  the 


586  ORDINANCES. 

duties  of  his  office,  before  he  enters  upon  the  performance  of 
the  same. 

Penalty  for  Xo  Woocl  Corder  shall  cord  wood  or  exercise  duties  apper- 

mtrudmg  .     .  '■  '■ 

beyond  dis-    tammg  to  his  officc.  in  a  district  other  than  the  one  for  which 

trict.  . 

he  IS  appointed,  under  a  penalty  of  one  dollar,  to  be  recovered 
as  aforesaid. 


Settlement  In  casc  any  dispute  or  dissatisfaction  shall  grow  out  of 

the  decision  of  the  Wood  Corders  hereby  appointed,  the  per- 
son so  disputing  or  dissatisfied  shall  have  the  privilege  of  call- 
ing in  the. other  Corders,  who  shall  review  the  measurement, 
and  whose  decision,  or  the  decision  of  a  majority  thereof,  shall 
be  final  and  conclusive  between  the  parties. 

Fees  of  arbi-  Such  cordcrs  as  may  be  called  in  to  decide  such  disputes 

trators.  shall  be  paid  three  cents  per  cord  each,  by  the  Corder  whose 

decision  is  questioned,  if  their  decision  is  in  favor  of  the  per- 
son or  persons  who  appeal,  and  by  the  appellants  if  in  favor  of 
the  original  Corder. 

Passed  at  City  Hall,  November  13,  1856. 


.WEIGH    MASTERS. 

AX  ORDINANCE  to  regulate  the  weighing  of  hay  and  other 
articles. 

Ejection  and  SECTION  1.     The  Council  shall,  annually,  choose  one  or 

Weigh  more  persons  to  act  as  Weigh  IMasters,  whose  duty  it  shall  be 

to  weigh  all  hay  exposed  for  sale  in  the  city,  or  sold  previous 
Appointment  to  its  arrival.  They  shall  have  power  to  appoint  deputies, 
ing  of  who,  as  well  as  the  Weigh  JNIasters  shall  before  entering  upon 

deputies.  '  °  . 

their  duties,  be  sworn  or  affirmed  before  the  JNIayor,  faithfully 
to  perform  the  duties  of  the  office  to  the  best  of  their  skill  and 
the  tenor  of  this  ordinance. 

Authority  Sec.  2.  With  respect  to  the  quality  of  any  article  weighed 

r8SP6Ctill2!" 

quality  and  by  the  Weigh  ]\Iasters,  they  shall  not  interfere,  except  that 
where  any  hay  being  weighed  shall  appear  not  to  be  suffici- 
ently dried  or  cured,  they  shall  deduct  from  the  weight  there- 


ORDINANCES. 


587 


Animals. 


Coal,  etc. 


of,  -what  may  appear   to    be    just,    giving  the  parties  notice 
thereof. 

Sec.  3.    For  weighing  hay  and  other  articles  on  the  said  Fees. 
scales,  the  Weigh  Masters  shall  demand  and  receive  from  the  July  7,  is70. 
person  having  the  same  weighed,  the  following  fees,  that  is  to 
say: 

For  each  load  of  hay  weighed  I5  ton.  or  upwards 37  cents  Hay. 

For  each  ton,  and  under  1^  ton 25 

For  each  ^  ton,  and  under  1  ton 18 

For  each  less  ^  ton 12 

For  each  live  animal  weighing  500  lbs.,  or  more 25 

For  each  live  animal  less  than  500  lbs 12 

For  each  dead  animal  weighing  500  lbs.,  or  more 12 

For  each  dead  animal  less  than  500  lbs 6 

For  coal,  castings  or  scrap  iron,  at  the  rate  of,  per  ton.  10 
But  no  draught  of  either  shall  be  weighed  for  less  than  6 

All  other  articles  at  the  rate  of,  per  ton 15 

But  no  draught  for  less  than 6 

And  the  owner  or  driver  of  every  wagon  or  other  vehicle  wa^gfns"|tc^ 
carrying  hay  or  any  other  articles  to  be  weighed  at  the  public 
scales,  and  where  it  is  not  already  done,  shall  cause  such  ve- 
hicle to  be  weighed  at  his  own  proper  cost,  and  the  weight 
thereof  shall  be  legibly  marked  thereon  by  the  Weigh  Master 
or  his  deputy,  and  such  weighing  and  marking  shall  be  re- 
peated whenever  repairs  or  alterations  in  any  such  vehicle 
shall,  in  the  opinion  of  the  Weigh  Master,  require  it,  for  which  ^®^^' 
the  following  fees  shall  be  paid  as  aforesaid,  viz : 

For  each  empty  wagon,  cart,  or  other  vehicle,  the  first 

time   25  cents 

For  each  empty  wagon,  cart,  or  other  vehicle,  after  be- 
ing repaired  or  altered,  and  varying  more  than 
28  lbs.  from  the  original  weight 12  cents 


And  for  any  less  variation,  no  charge  shall  be  made,  nor 
for  marking  anv  vehicle  whatever. 


588 


ORDINANCES. 


Owners  of 
scales  retain 
all  fees. 


Weigh  Masters  who  own  the  scales  used  by  them  shall  not 
be  required  to  pay  to  the  City  Treasurer  any  portion  of  the 
fees  received  bv  them  for  weis'liing. 


Unloading 
unweighed 
hay. 


Penalty. 


Sec.  -4.  For  every  load  of  hay  unloaded  without  first  giv- 
ing the  Weigh  Master  or  his  deputy  notice,  permission  and 
reasonable  time  to  weigh  the  same  before  it  be  unloaded,  the 
purchaser  or  receiver  shall  forfeit  the  sum  of  fifty  cents,  to  be 
recovered  by  the  Weigh  Master  before  the  [Municipal  Court] 
in  the  same  manner  that  debts  of  equal  amount  are  recover- 
able; provided  always,  that  no  forfeiture  shall  be  recoverable 
for  neglect  of  weighing  hay  when  it  shall  so  happen  that  the 
said  public  scales  are  not  in  a  condition  for  weighing. 

Passed  at  City  Hall,  March  26,  1857. 


Explosive 
test  re- 
quired. 


Nov.  8,  1877. 


INSPECTOR  OF  OILS  AND  FLUIDS. 

AN  ORDINANCE  prohihiting  the  selling,  offering  or  keeping 
for  sale  of  certain  oils,  inflammable  at  a  less  fire  test  than 
100  degrees. 

Section  1.  It  shall  be  a  public  nuisance  for  any  person 
to  mix,  for  sale,  naptha  or  benzine  and  illuminating  oils,  or  to 
sell  or  keep  for  sale,  or  offer  for  sale  such  mixture,  or  to  sell  or 
keep  for  sale,  or  offer  for  sale,  within  the  City  of  Wilmington, 
oil  made  from  petroleum,  for  illuminating  [or  other]  pur- 
j)oses,  which  gives  out  an  explosive  vapor  under  a  temperature 
of  100  degrees,  or  which  is  inflammable  at  a  less  temperature 
or  fire  test  than  100  degrees  Fahrenheit  ;^  and  any  one,  on  con- 
viction thereof  before  the  [Municipal  Court]  of  the  City  of 
Wilmington,  shall  be  fined  not  less  than  fifty  nor  more  than 
one  hundred  dollars  for  everv  such  offense. 


Appointment  ^EC.  2.     There  shall  be  appointed  annually,  on  the  first 

spectoran-    Stated  meeting  in  July,  by  the  Council,  an  Inspector  of  Oils 
nuaiiy.  ^^^  Fluids,"  at  any  time  hereafter  to  be  made,^  kept  or  offered 


1.  For  election,   term  of  office,   and  salary  of  Inspector  of  Oils  and 
Fluids,  see  Act  of  May  3,  1893,  supra,  p.  157  this  volume. 

2.  So  printed   in  edition  of  1872. 

3.  See  Act  of  March  15,  1907,  24  D.  L.  305. 


ORDINANCES.  589 

for  sale  for  illuminating  pnrposes,  and  no  such  oil  or  fluid 

shall  hereafter  be  made,  sold,  or  kept  or  offered  for  sale  with-  ^"''Pf'^i'^I^ 

'  '  ^  of  oils  before 

in  the  City  of  Wilmington,  which  shall  not  previously  have  ^^^®- 
been  inspected  and  approved  by  him  as  not  inflammable  at  a 
less  temperature  or  fire  test  than  one  hundred  and  ten  degrees, 
Fahrenheit,  under  a  penalty  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars,  to  be  imposed  upon  the  person  so 
offending. 

Sec.  3.    Upon  the  orifice  or  orifices  of  every  barrel,  bos, 
cask,  case,  can,  or  other  vessel  containing  such  oil  or  fluid  so 
inspected  and  approved,  the  Inspector  shall,  at  the  time  of ,  „    , 
and  on  each  occasion  of  inspection  and  approval,  affix  a  seal  or  of  the  in- 

'^  ^  spector. 

mark  in  such  manner  that  such  barrel,  box,  case,  can,  or  other 
vessel  cannot,  without  violence  or  impairing  such  seal  or  mark 
be  refilled  without  the  knowledge  of  the  Inspector,  and  no  bar- 
rel, box,  cask,  case,  can,  or  other  vessel  containing  or  to  con- 
tain oil  or  fluid  for  sale  within  this  city,  for  illuminating  pur- 
poses, shall  be  opened  or  have  any  of  its  contents  drawn  or  re-  ^oJ^*^^,°!ei 
moved  therefrom,  except  by  the  Inspector,  for  purposes  of  in-  °^°^^i%^fQ^.Q 
spection,  until  it  shall  have  been  duly  inspected,  approved  same  is  in-^^ 
and  stamped  or  marked  by  the  Inspector.  bidden. 

Sec.  4.    For  opening  or  drawing  any  of  its  contents  from  opening-  or 
any  vessel  containing  oil  or  fluid,  intended  to  be  sold,  or  kept  from,  or  re- 
or  oft'ered  for  sale,  within  this  city,  for  illuminating  purposes,  seis  contain- 
before  it  shall  have  been  inspected,  approved  and  stamped  or  '"^  °^ ' 
marked  by  the  Inspector,  and  for  refilling  with  oil  or  fluid,  in- 
tended for  sale,  or  to  be  kept,  or  oft'ered  for  sale  within  this 
city  for  illuminating  purposes,  except  with  oil  or  fluid  already 
inspected  and  approved  as  aforesaid,  any  vessel  stamped  or 
marked  by  the  Inspector,  as  hereinbefore  provided  for,  and 
from  which  any  portion  of  its  contents  may  have  subsequently 
been  withdrawn,  every  person  guilty  thereof,,  or  of  assisting 
therein,  shall  be  fined  not  less  than  fifty  nor  more  than  one 
hundred  dollars  for  every  such  offense. 

Sec.  5.     For  his  services  in  the  premises,  the  Inspector  compensa- 

^  '  .  ^     .         tion  of 

shall  be  entitled  to  be  paid,  by  the  person  owning  or  ha\ang  inspector. 
in  his  possession  the  oil  or  fluid  which  shall  be  or  has  been  in- 


590  ORDINANCES. 

spected,  one-half  cent  per  gallon,  provided  no  fee  shall  be  less 
than  twenty  cents. 

Sec.  G.    It  shall  be  the  duty  of  the  Inspector  to  advise  the 

]\fayor  of  every  infraction  of  this  ordinance  coming  to  his 

Reporting  of  knowledge,  or  of  which  he  shall  have  suspicion,  and  report  in 

violations  to  ^    '  ir-  J  Jr- 

the  Mayor,     writing  to  the  Council,    at   its   first   stated  meeting  in  every 
•».    .^,  month,  the  number  of  gallons  of  oil  or  fluid  inspected  bv  him, 

Monthly  re-  '  '^  i  ^  j 

port  to  City    under  this  ordinance,  during  the  last  preceding  month,  the 

Council.  7  o  X  o  J 

names  of  the  persons  for  whom  inspected,  the  quantity  ap- 
proved, and  the  quantity  condemned  in  each  case,  and  for  each 
person,  their  respective  places  of  business,  and  the  place  where 
the  oil  or  fluid  was  inspected,  when  elsewhere  than  at  such 
place  of  business,  with  such  other  information  bearing  upon 
the  matter  in  hand  as  may  be  of  public  benefit. 

Sec.  7.     Wholesale  dealers  in  petroleum,  naphtha,  ben- 
Dec.  i3, 1877.  zine  and  illuminating  [oils],  shall  hereafter,  on  the  first  day 
Dealers  must  of  each  month,  make  a  return  to  the  City  Auditor  of  all  oils 
turns  to  City  received  and  sold  by  them  daring  the  preceding  month,  and 
whether  to  persons  residing  within  or  beyond  the  limits  of  the 
City  of  Wilmington.    It  shall  be  the  duty  of  all  persons  deal- 
ing in  oils,  either  at  wholesale  or  retail,  when  oils  are  received 
by  them  in  the  original  package,  and  Avliich  have  not  been  in- 
Deaiers  must  spcctecl  as  provided  bv  this  ordinance,  to  notifv  the  Inspector 

notify  In-  ^  -^    .  "     .  '  .    .    '  . 

spector.  when  such  oils  are  received,  so  that  the  original  packages  in- 

tended for  sale  or  use  within  the  City  of  Wilmington,  may  be 
immediately  inspected.  Oils  intended  for  sale  or  use  beyond 
the  limits  of  the  Cit}^  of  Wilmington  need  not  be  inspected. 

City  Au-        Blank  forms  for  making  returns  shall  be  furnished  to  w'hole- 

ditor  s  " 

blanks.  sale  dealers  by  the  City  Auditor  upon  application.     The  re- 

Returns         turns  shall  be  sworn  or  affirmed  to  before  the  Mavor  or  other 

shall  be 

sworn  to.       officer  authorized  by  the  laws  of  this  State  to  administer  oaths 
Auditor  shall  or  affirmations.     It  shall  be  the  duty  of  the  City  Auditor  to 

compare  re-  •  "^ 

turn  with  re-  compare  cach  return  with  the  montlily  report  of  the  Inspector, 

Inspector.      an^i  report  to  the  Inspector  any  discrepancies.    Any  person  or 

persons,  firm  or  corporation,  selling  oils  by  the  original  barrel, 

box,  cask,  case,  can,  or  other  vessel,  shall,  for  the  purpose  of 

Who  shall      j;]2is  ordinance,  be  considered  a  wholesale  dealer  in  oiLs.    Any 

be  consid-  '  _  *^ 

ered  whole-    person,  firm  or  corporation,  carrving  on  the  business  of  a  whole- 
sale dealers.    •■■  -  '■  ,  .       ^ 


ORDINANCES.  591 

sale  dealer  in  oils,  within  the  meaning  of  this  ordinance,  who 
shall  violate  or  refuse  to  comply  with  the  provisions  of  this 
section,  shall  be  fined  not  less  than  ten,  nor  more  than  fifty  ^fJiation  of 
dollars  for  every  such  offense.    Nothing-  in  this  ordinance  shall  oi'di"fince. 
be  deemed  to  apply  to  oils  solely  animal. 

Passed  at  City  Hall,  April  28,  1870. 


INSPECTORS  AND  MEASURERS  OF  LUMBER. 

AX  ORDINANCE  providing  for  the  appointment  and  pre- 
scribing the  duties  of  Inspectors  and  Measurers  of  Lum- 
ber. 

Section  1.    The  City  Council  shall,  annually,  at  the  first 

,  .  .  ™  -r-,  Appointment 

stated  meeting  m  the  month  or  February  choose  one  or  more  of  Measurers 
persons  to  act  as  IMeasurers  and  Inspectors  of  lumber,  whose  spectors. 
duty  it  shall  be,  upon  apj)lieation  by  one  or  more  of  the  con- 
tracting parties  in  a  purchase  or  sale  of  lumber,  received  in 
this  city  by  rafts,  vessels,  cars  or  otherwise,  to  measure  and  in-" 
spect  the  quality  and  quantity  of  the  lumber  so  brought  un- 
der their  notice,  they  shall  be  furnished  with  the  order  or  con- 
tract, and  such  lumber  as  passes  their  inspection  they  shall 
mark  as  approved,  and  their  approval  shall  be  evidence  that 
the  order  is  filled  according  to  contract.     Said  Inspectors  and  ^ 

°     _  _  -^  Inspectors 

Bleasurers  shall,  before  entering  upon  their  duties,  be  sworn  and  Meas- 

'  .  .       urers  to  be 

or  affirmed  before  the  Mayor,  faithfully  to  perform  the  duties  sworn, 
of  the  oifice  to  the  best  of  their  skill,  and  the  tenor  of  this  ordi- 
nance. 

Sec.  2.     The  Inspectors  and  Measurers  shall  receive,  as  inspectors' 

„  ,-,„/,  ■  T   ,  and  Meas- 

tees,  twenty  cents  per  thousand  leet  tor  measuring,  and  twen-  urers'  fees. 
ty-five  cents  per  thousand  feet  for  measuring  and  inspecting 
lumber  as  aforesaid,  to  be  paid  by  the  party  applying  for  the 
inspection  and  measurement  of  the  same ;  provided,  that  in  no  Proviso. 
case  shall  they  receive  a  less  fee  than  twenty  cents. 

Sec.  3.     That  no  person  owning,  employed  in,  or  in  anynoti)!^^^ 
manner  interested  in  a  lumber  yard,  shall  be  a  lumber  Meas-  .specfm-s"  r 
urer  and  Inspector,  as  provided  for  by  this  ordinance.  Measuieis. 

Passed  at  Citv  Hall.  Januarv  27.  1S76. 


592  ORDINANCES. 

PLUMBING  INSPECTOR.^ 

AN  ORDINANCE  to  create  a  Plumbing  Inspector  for  the  City 
of  ^Vilmington,  and  to  provide  rules  and  regulations  rela- 
tive to  i^lumhing  and  draining. 

^  ^i-  ^  ■??  ^  -."?  ^r?  'M  ^(1  ^ 

Sec.  2.        ********        * 
Monthly  re-    He  sliall  make  monthly  returns  to  the  City  Auditor  of  all  fees 

turn  of  fees.  n  i       i  •        •  n      • 

collected  by  mm  m  pursuance  oi  his  duties ;  such  returns  shall 
be  itemized  and  sworn  to. 


Fee  for  in- 
specting. 


Sec.  5.  When  the  plan  of  any  pliambing  or  drainage  sys- 
tem, which  includes  water  closets  or  soil  pipes  leading  from 
water  closets,  is  filed  in  the  office  of  the  Plumbing  Inspector,  a 
fee  for  the  use  of  the  city  of  fifty  cents  must  be  paid  to  defray 
the  expenses  of  inspection  of  filing  and  superintending  the 
testing  of  the  work,  as  provided  in  Section  24. 

Passed  at  City  Hall,  May  3,  1886. 


GAS   INSPECTOR. 

AN  ORDINANCE  providing  for  a  Gas  Inspector  for  the  City 
of  Wilmington,  and  p^-escriljing  the  salary  and.  duties  of 
said  Gas  Inspector. 

Be  it  ordained  by  the  Council  of  Wilmington : 

Inspector  of  SECTION  1.    That  the  Inspector  of  Plumbing  for  the  City 

be  Gas  In-      of  Wilmington  shall,  after  the  passage  of  this  ordinance,  im- 

siDGctor 

mediately  assume  the  duties  of  Gas  Inspector  in  and  for  the 
City  of  Wilmington  and  shall  perform  all  the  duties  herein- 
after provided  for. 

Salary.  Sec.  2.     The  Salary  of  the  Gas  Inspector  for  the  City  of 

Wilmington  shall  be  Five  Hundred  Dollars  ($500.00)  per  an- 


1.     The  general  provisions  of  this  Ordinance  are  supplied  by  Resolution 
of  the  Street  and  Sewer  Department  adopted  March  26,  1901. 


ORDINANCES.  593 

num,  payable  monthly,  in  the  same  manner  as  other  officers  of 
the  said  city  are  paid. 

Sec.  3.  Before  entering  upon  the  duties  of  his  office,  (^) 
the  said  Gas  Inspector  shall  give  bond  to  the  Mayor  and  Coun-  Bond. 
cil  of  Wilmington,  with  good  and  satisfactory  security,  in  the 
sum  of  One  Thousand  Dollars  ($1,000.00),  conditioned  for  the 
faithful  performance  of  his  duties  as  said  Gas  Inspector;  said 
bond  to  be  approved  by  the  Council  of  Wilmington. 

(a)   As  to  the  meaning  of  the  above  phrase,  see  the  case  of 
Pickering  vs.  Day,  2  Del.  Ch.  333  at  334.   (vr.  1S66) 
(See  See.  11  "a''  of  the  Charter.) 

Sec.  4.    It  shall  be  the  duty  of  the  Gas  Inspector  within  Duties. 
twenty  (20)  working  hours  from  the  time  he  shall  receive  the 
notification  provided  for  in  Section  five  of  this  ordinance,  to 
make  all  necessary  inspections  and  tests. 

Sec.  5.    Upon  the  completion  of  any  system  of  gas  piping  piping  in 
in  any  building  that  may  be  from  and  after  the  passage  of  this  be\nspected 
ordinance,  erected,  altered  or  extended,  in  the  City  of  Wil-  ing!^^ 
mington,  the  fitter  shall  notify  the  Gas  Inspector  in  writing 
that  the  work  is  ready  for  inspection  and  testing.    No  pipe  or 
fitting  shall  be  covered  or  concealed  from  view  until  the  same 
has  been  examined  and  approved  by  the  Gas  Inspector  or  his 
assistant,  the  size  of  pipe  used  shall  not  be  less,  nor  the  length 
greater,  to  the  number  of  burners  stated  than  those  specified 
in  the  following  table,  except  that  if  the  number  of  burners  is 
not  more  than  half  of  the  stated  maximum,  the  length  runs 
may  be  increased  one-half : 


TABLE. 

Greatest  Leno 

;1h 

Greatest  Number 

Size  of  Pipe. 

Allowed. 

of  Burners. 

Speciflca 
tions. 

■  f  inch 

10  feet 

2 

^  inch 

30  feet 

6 

f  inch 

60  feet 

20 

1    inch 

80  feet 

35 

1^  inch 

120  feet 

60 

1|  inch 

160  feet 

100 

ORDINANCES. 

2    inch 

200  feet 

2^  inch 

300  feet 

3    inch 

450  feet 

4    inch 

600  feet 

594 


200 
300 
450 
700 

In  applying  the  above  table,  the  number  of  burners  to  out- 
lets in  the  various  locations  shall  be  estimated  as  follows,  ex- 
cept when  otherwise  specified  and  approved  by  the  Gas  In- 
spector : 

Parlor,  ceiling  outlets 4  burners 

Dining-room,  ceiling  outlets 4 

Bedroom,  ceiling  .outlets 3 

Kitchen,  ceiling   outlets 1 

Bracket  and  newel  outlets 1 

Office,   ceiling  outlets 2 

Size  of  pipes.  Pipes  Smaller  than  f-inch,  shall  not  be  used,  except  in 

stems  of  gas  fixtures. 


Piping  in 
churches 
and  halls. 


Materials 
and  joining 
of  pipes. 


Gas  pipes  in  churches,  halls  and  other  large  buildings, 
shall  be  in  proportion  to  the  number  of  lights  as  given  by  the 
table  or  as  may  be  otherwise  specified  and  approved  by  the 
Gas  Inspector. 

Sec.  6.  The  pipe  used  shall  be  the  best  wrought  iron, 
with  galvanized  iron  fittings,  and  joints  shall  be  made  with 
white  or  red  lead,  which  shall  be  applied  to  the  male  threads 
only,  gas  fitter's  or  other  cements  will  not  be  permitted  except 
in  hanging  of  gas  fixtures ;  in  making  turns,  fittings  must  be 
used,  no  bent  pipes,  in  making  connections  when  required, 
long  screws,  or  right  and  left  couplings  must  be  used,  no  sec- 
ond hand  pipe  shall  be  used,  except  that  when  a  building  is 
undergoing  reconstruction  or  repairs,  such  gas  pipes  and  fit- 
tings as  are  taken  out  and  found  in  good  condition  and  of  the 
proper  size  may  be  reused. 


All  pipes  shall  be  properly  supported  and  stayed  with 
pipe  hooks  or  straps  and  screws.  All  pipes  shall  be  properly 
graded,  and  if  practicable  towards  the  meter,  a  bracket  outlet 


ORDINANCES.  595 

shall  be  taken  from  the  side  or  top  of  a  main,  and  run  as  a 
riser,  when  possible  to  do  so. 

All  split  pipe  and  defective  fittings  shall  be  removed.         fluings\o 

be  removed. 

All  main  risers  shall  be  rnn  in  an  inside  partition  if  pos- 
sible, and  at  least  two  feet  from  outside  walls. 

No  extension  or  alteration  of  anv  existino-  system  of  gas 

...  .      .  .  .         .    '  .  °       Extensions 

piping  111  a  building  for  illuminating  purposes,  in  excess  of  and  aitera- 
twenty-live  (25)  feet  m  length  shall  be  made  without  report-  inspected, 
ing  the  same  to  the  Gas  Inspector,  for  inspection  and  ap- 
proval.    Extensions  shall  conform  in  size  to  the  table  in  Sec- 
tion five  and  shall  be  made  from  the  largest  practicable  outlet. 

The  Gas  Inspector  shall  promptly  condemn  and  order  the  condemna- 

1  j_         j_-  •        ^  j_  J?  •     •         tion  of  work 

removal,  reconstruction  or  repair  of  any  system  of  gas  piping  beiow  regu- 
or  portion  thereof,  which  does  not  conform  to  these  regula- 
tions. 

He  shall  order  the  necessarj'^  repairs  to  be  made  when  de-  p^gpairs 
fects  are  found  in  any  old  system  of  gas  piping  or  fixtures  con-  ordered, 
nected  therewith,  and  such  repairs  shall  be  promptly  made  by 
the  responsible  party  upon  service  of  due  notice. 

Sec.  7.    Pipes  must  be  so  run  and  covered  as  to  be  readily  „. 

^  "^   Pipes  must 

accessible,  and  must  not  be  run  at  the  bottom  of  floor  beams  be  accessible 

'       _  and  properly 

or  joists,  which  are  to  be  lathed  and  plastered.  They  must  be  fastened, 
securely  fastened  to  the  top  of  the  beams  or  joists,  which 
should  be  cut  out  as  little  as  possible.  When  pipes  are  run 
parallel  to  joists,  they  must  be  supported  by  strips  nailed  be- 
tween the  same,  and  these  strips  must  not  be  more  than  five 
(5)  feet  apart.  All  cutting  of  floor  beams  or  joists  should  be 
done  as  near  as  possible  to  the  ends  or  supports  of  the  same ; 
pipes  must  not  be  laid  beneath  tiles  or  parquet  floors,  or  under 
marble  platforms,  or  under  hearth  stones,  when  it  can  be 
avoided.  Floor  boards  over  main  lines  must  be  fastened  down 
"with  screws,  so  that  the  same  can  be  readily  removed.  All 
main  risers  shall  extend  full  size  to  the  first  outlet. 


596 


ORDINANCES. 


Definition  The  word  ''pipins:"  herein  used  is  intended  to  describe 

of  "piping.  ... 

any  system  of  piping  which  gets,  or  is  intended  to  get,  its  sup- 
ply of  gas  through  one  riser,  or  from  one  source. 

Separate  When  two  or  more  tenants  occupy  one  building,  and  each 

terns  in"         has  a  separate  system  of  piping,  supplied  by  a  separate  riser, 

building.  „'...  .-,^.,  ,.  ,., 

each  system  ot  pipnig  is  considered  m  these  regulations  by  it- 
self, as  though  it  had  been  in  a  separate  building. 

New  piping  means  only  that  piping  that  is  put  in  by  the 
fitter  as  a  part  of  his  present  job. 

Old  piping  means  all  piping  that  may  be  found  on  the 
premises  when  the  fitter  enters  the  same  to  undertake  his  pres- 
ent job.  Old  piping  may  or  may  not  have  had  gas  in  it,  or  it 
may  or  may  not  have  been  previously  inspected. 


Outlets. 


All  ceiling  outlets  must  project  not  more  than  two  (2) 
inches,  or  less  than  five-eighths  inches,  from  the  finished  sur- 
face, and  must  be  firmly  secured,  and  properly  plumb.  Side 
wall  outlets  must  project  not  more  than  seven-eighths  inches 
or  less  than  five-eightlis  inches  from  the  finished  surface,  and 
must  be  securely  fastened.  All  piping  must  be  free  from  ob- 
structions. 


Two  mer- 
cury tests 
required. 


Certificate. 


Sec.  8.  All  systems  of  gas  fitting  in  new  buildings,  here- 
after to  be  erected,  in  this  city,  as  well  as  in  extensions,  and  al- 
terations to  old  buildings,  shall  be  tested,  and  the  mercury  test 
applied,  first ;  when  the  pipes  and  fittings  are  all  in  place,  and 
before  the  same  are  covered  or  concealed,  and  second;  when 
the  building  is  completed.  These  two  tests  to  be  made  by  the 
fitter,  and  upon  the  job  being  passed  and  approved  by  the  Gas 
Inspector,  or  his  assistant,  he  shall  give  to  the  fitter  a  certifi- 
cate as  follows : 

"This  is  to  certify  that  the  gas  pipes  and  fittings  in  the 
building.  No.  street,  has  been  duly  inspected  and 


ORDINANCES.  597 

tested,  and  found  to  be  tight,  and  in  conformity  with  the  city 
regulations. 

By 

Inspector. 
Wilmington,  Delaware,  ,  191     ." 

A  third  and  final  test  shall  be  made  of  a  sj^stem  of  piping  Final  test. 
and  fixtures,  after  the  fixtures  have  all  been  hung,  said  test  to 
be  applied  by  the  party  hanging  the  fixtures,  and  as  in  the. 
first  and  second  tests,  shall  be  the  mercury  test,  and  upon  the 
same  being  passed  and  approved  by  the  Gas  Inspector  or  his 
assistant,  he  shall  issue  the  following  certificate  to  the  party 
applying  for  the  inspection  and  test: 

* '  This  is  to  certify  that  the  piping  and  fixtures  in  the  certificate. 
building  No.  street,  has  been  dulj'  inspected  and 

tested,  and  found  to  be  gas-tight  and  to  conform  to  the  city 
regulations. 

Inspector. 
By 
^     Wilmington,  Delaware,  ,  191     ." 

And  in  no  case  shall  the  Gas  Company  turn  the  gas  on  the 
meter  until  such  certificate  has  been  issued. 

Sec.  9.    It  shall  be  the  duty  of  the  Gas  Inspector  to  make  and^test°as 
a  daily  inspection  and  test  (Sunday  excepted)  as  to  the  candle  pQ^.^^.'^^fg^^g 
power  of  the  gas  furnished  to  the  consumers  in  the  City  of 
Wilmington  at  such  time  and  place  as  he  may  select,  and  he 
shall  make  monthly  reports  of  the  results  of  said  daily  tests 
to  the  Council. 

Sec.  10.    Any  consumer  of  gas  mav  have  his  meter  tested  Consumer 

''  _    _  °  •  may  have 

at  any  time  under  the  supervision  of  the  Gas  Inspector.  The  ps  meter 
consumer  of  gas  shall  deposit  with  the  Gas  Inspector  a  fee  of 
twenty-five  cents  at  the  time  of  making  his  application  for  the 
meter  test.  If  the  meter  proves  correct  in  accordance  with  the 
United  States  standard,  the  fee  of  twent^^-five  cents  shall  be 
used  to  defray  the  cost  of  said  meter  inspection.  If  the  meter 
should  not  conform  with  the  above  standard,  the  said  fee  of 


598 


ORDINANCES. 


Fees. 


Penalties. 


twenty-five  cents  shall  be  returned  to  the  consumer  who  has 
deposited  the  same,  and  all  expenses  attached  to  the  said  test 
shall  be  borne  by  the  Gas  Company  furnishing  gas  for  said 
meter. 

Sec.  11.    All  fees  so  collected  shall  be  paid  monthly  into 
the  City  Treasury. 

Sec.  12.  Any  person  or  persons,  firm  or  corporation  of- 
fending against  or  violating  any  of  the  provisions  of  this  or- 
dinance shall,  upon  conviction  thereof  in  the  IMunicipal  Court, 
pay.  a  penalty  of  not  more  than  ten  dollars  ($10)  for  the  first 
offence  and  for  the  second  and  each  subsequent  offence,  a  pen- 
alty of  not  less  than  ten  dollars  ($10),  nor  more  than  one  hun- 
dred ($100.00)  dollars.  All  work  improperly  executed  and 
not  in  accordance  with  the  provisions  of  this  ordinance  shall, 
upon  written  order  of  the  Gas  Inspector  properly  served,  be 
Improper       removed  by  the  person,  or  persons,  firm  Or  corporation  im- 

worktobe  ■,.-,-,         ^ 

removed  un-  propcly  executmg  the  same,  or  by  the  person  or  persons,  firm 
or  corporation  for  whom  such  improper  work  was  executed, 
within  forty-eight  hours  from  the  time  said  written  order  shall 
have  been  served,  and  for  any  failure  to  remove  such  work 
after  the  service  of  such  written  notice,  such  person,  or  per- 
sons, firm  or  corporation  shall  forfeit  and  pay  a  fine  of  twenty- 
five  ($25)  dollars  for  each  and  every  twenty-four  (24)  hours 
that  such  work  so  improperl}^  executed  shall  be  suffered  to  re- 
main. 

Approved  May  21,  1903. 


Duties  of 
Regulator. 


REGULATOR  OF   CITY  CLOCK. 

AN  ORDINANCE  to  appoint  a  Regulator  of  the  city  clock, 
and  to  define  his  duties. 

Section  1.  There  shall  be  an  officer  who  shall  be  desig- 
nated the  Eegulator  of  the  city  clock. 

Sec  2.  His  duties  shall  be  to  supervise,  wind  up,  regu- 
late and  keep  in  good  condition,  and  so  as  at  all  times  to  indi- 
cate the  correct  time,  the  city  clock.    And  for  that  purpose  he 


ORDINANCES.  599 

shall,  at  all  times,  have  access  to  the  City  Hall,  and  have  sole 
control  of  the  appurtenances  and  immediate  surroundings  and 
connections  of  said  clock. 

Sec.  3.    For  his  services  he  shall  receive  the  sum  of  sev-  salary. 
enty-five  dollars  per  year. 

Sec.  4.     It  shall  be  his  duty  to  illuminate  and  keep  it  Rumination 
lighted  up  at  night. 

Passed  at  City  Hall,  June  4,  1868. 


AN  ORDINANCE  in  relation  to  Assessors'  and  Collectors' 
Clerks  for  the  City  of  Wilmington.^ 

Be  it  ordained  hy  the  Council  of  Wilmington : 

Section  1.    That  the  assessor  and  collector  of  the  North- 
ern District  and  the  assessor  and  collector  of  the  Southern  Dis-  appoint  chief 
trict  shall  each  have  authority  to  appoint  a  chief  clerk  and  a  cierk.^" 
clerk  for  his  district. 

Sec.  2.    That  each  of  the  two  assessors  and  collectors  shall  f°movsd 
have  power  to  discharge  his  chief  clerk  or  his  clerk  at  any  time 
and  his  acts  in  this  regard  shall  not  be  questioned. 

Sec.  3.     The  salary  of  each  of  the  chief  clerks  shall  be  Salaries. 
Twelve  Hundred  Dollars  per  year  and  the  salary  of  each  of 
the  clerks  shall  be  One  Thousand  Dollars  per  year  payable 
monthly  in  the  same  manner  as  other  city  officers  are  paid.^ 

Sec.  4.    All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  be  and  the  same  are  hereby  repealed. 

Passed  by  Council,  July  22,  1909. 

Returned  to  The  Council  unapproved  by  Llayor  with  his 
reasons  August  5,  1909. 


1.  See  Sec.  3,  page  30,  and  also  Sec.  77,  page  SI  of  the  City  Charter. 

2.  For  authority  by  ordinance  to  change  salai-ies  fixed  by  Act  of  Gen- 
eral Assembly,  see  Act  of  March  25,  1907,  24  D.  L.  351,  Sec.  31  at  p.  60. 


600  ORDINANCES. 

Passed  by  two-thirds  vote  («)  of  The  Council  August  5, 


1909. 


(a)   A  better  practice  would  be  to  state  the  number  of  votes  cast. 


Janitor  of 
the  Munici- 
pal Court. 


Duties. 


Salary. 


JANITOR  OP   MUNICIPAL  COURT  ROOM. 

AN  ORDINANCE  for  the  better  regulation  of  the  Municipal 
Court  room,  avd  the  Police  Station. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance,  the  Mayor^  shall  appoint  a  person,  whose  duty  it 
shall  be  to  be  in  attendance  at  the  Police  Station.  He  shall  be 
the  janitor  of  the  ]\Iunicipal  Court  room  and  the  Police  Sta- 
tion, and  shall  keep  them  clean  and  in  good  order.  It  shall 
also  be  his  duty  to  attend  to  all  fires  connected  therewith.  His 
pay  shall  be  at  the  rate  of  iortj  dollars  ($40)  per  month,-  and 
payment  shall  be  made  to  him  in  the  manner  and  at  the  same 
time  as  City  Constables. 

Passed  at  Citv  Hall.  July  1.  1886. 


superintendent  of  the  fire  alarm  telegraph. 

AN  ORDINANCE  to  provide  for  a  Superintendent  of  Fire 
Alarm  Telegraph  and  to  fix  his  salary. 

Appointment  .  SECTION  1.^  There  shall  be  appointed  by  the  Council  of 
tendent.  Wilmington'  at  its  second  stated  meeting  in  August,  1886,  and 
at  the  same  time  in  each  and  every  third  year  thereafter,  an  of- 
ficer of  this  city  to  be  styled  the  Superintendent  of  Fire  Alarm 
Telegraph,  who  shall  hold  office  for  three  years,  unless  sooner 
removed  by  the  Council.  He  shall  have  entire  charge  and  con- 
trol, under  the  direction  of  the  Fire  Committee  of  the  Fire 
Alarm  Telegraph  in  this  citj',  and  shall  cause  the  same  to  be 
kept  in  good  working  order  in  all  its  parts.     He  may  at  his 


1.  This  power  is  now  vested  in  the  Board  of  Police  Commissioners. 
See  Act  of  April  18.  1893,  Sec.   4.  page  207  this  volume. 

2.  The  salary  was  fixed  at  $50  per  month  by  the  Board  of  Police  Com- 
missioners on  May  13,   1893. 

3.  The  Board  of  Police  Commissioners  now  have  entire  jurisdiction 
and  control  over  the  Fire  Alarm  and  Police  Telegraph  System  and  all  of- 
fices connected  therewith.     See  page  209  this  volume,   Sec.   5. 


ORDINANCES.  601 

own  expense  appoint  a  batteryman  and  lineman  to  assist  him  Lineman. 
in  keeping  in  good  working  order  and  repair  the  batteries, 
poles,  lines  and  general  equipment  of  the  Fire  Alarm  Tele- 
graph, and  he  shall  be  responsible  for  such  batteryman  and 
lineman.  The  salary  of  the  said  Superintendent  shall  be  at 
the  rate  of  one  thousand  dollars  ($1000)  per  annum,  payable  salary, 
monthly  as  other  city  officials  are  paid.^ 


Passed  at  City  Hall,  August  5,  1886. 


REGISTRY    CLERK    IN    THE     DEPARTMENT    OF    ENGINEERING     AND 

SURVEYING. 

AN  ORDINANCE  for  the  appointment  of  a  clerk  for  the  reg- 
istration of  real  estate  within  the  City,  in  the  Department 
of  Engineering  and  Surveying. 

Section  1.  That  immediately  after  the  passage  of  this  or-  cierk  of 
dinance  there  shall  be  appointed  by  Council  a  suitable  person.  Bureau?^ 
who  shall  be  a  competent  draughtsman,  whose  duties  it  shall 
be,  under  the  direction  of  the  Chief  Engineer  and  Surveyor,  uon.^ 
to  attend  to  the  registration  of  real  estate  within  this  citj^,  and 
shall  perform  draughting  and  such  other  work  as  shall  be  re- 
quired of  him  by  the  Chief  Engineer. 

Sec.  2.    The  term  of  office  of  such  clerk  shall  continue  to  rp^^.j^., 
and  expire  on  the  day  of  the  first  stated  meeting  of  the  Coun- 
cil in  the  month  of  February,  1892,  on  which  day  in  that  year, 
and  every  third  year  thereafter,  a  successor  to  said  clerk  shall 
be  selected  by  the  Council. 

Sec.  3.     [That  the  salary  of  the  Registry  Clerk  of  the  De-  Salary. 
partment  of  Engineering  and  Surveying  shall  be  Nine  Hun- 
dred Dollars  per  annum,  payable  monthly.] 


1.  The  Board  of  Police  Commissioners  by  resolution  of  July  11.  1904, 
fixed  the  salary  of  the  Superintendent  at  $900  per  annum  and  the  lineman 
at  $840  per  annum. 


602 


ORDINANCES. 


Sec.  4.    That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  are  hereby  repealed. 

Passed  at  City  Hall,  March  14,  1889. 


SALARIES  OF  ASSISTANT  ENGINEER,  REGISTRY  CLERK  AND  RODMEN. 

AN  ORDINANCE  defining  the  salaries  of  the  Assistant  Engi- 
neer, Registry  Clerk  and  Rodnien  of  the  Department  of 
Engineering  and  Surveying  of  the  City  of  Wilmington. 
Be  it  ORDAINED  by  ' '  The  Council ' '  of  Wilmington : 

Salary  of  SECTION  1.^    That  the  Salary  of  the  First  Assistant  Engi- 

Enlhieer.*'     neer  of  the  Department  of  Engineering  and  Surveying  shall 

be  Twelve  Hundred  and  Forty  Dollars  per  annum,  payable 

monthly. 

Salary  of  Sec.  2.    That  the  salary  of  the  Second  Assistant  Engineer 

Engineer.^^  '  of  the  Department  of  Engineering  and  Surveying  shall  be 

Eleven    Hundred    and   Forty   Dollars   per    annum,    payable 

monthly. 


Salaries  of 
Rodmen. 


Ordinance 
to  be  effec- 
tive. 


Sec.  3.    That  the  salary  of  the  Registry  Clerk  of  the  De- 
ment of  Engineering  and  Survejdng  s 
dred  Dollars  per  annum,  payable  monthly. 


Salary  of 

cfe?k.  "^^        partment  of  Engineering  and  Survejdng  shall  be  Nine  Hun- 


Sec.  4.  That  the  salary  of  each  of  the  Eodmen  of  the  De- 
partment of  Engineering  and  Surveying  shall  be  Seven  Hun- 
dred and  Twenty  Dollars  per  annum,  payable  monthly. 

Sec.  5.  That  this  ordinance  shall  not  take  effect  until  the 
expiration  of  the  tprms  of  the  present  incumbents. 

Sec.  6.  That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  be  and  the  same  are  hereby  repealed. 

Approved  January  27,  1904. 


1.     The  above  salaries  were  changed  by  ordinance  passed  February  10, 
1910.     See  page  617  of  this  volume,    (note). 


ORDINANCES.  603 

QUALIFICxVTION  OF  ASSISTANT  CITY  SOLICITOR. 

AN  ORDINANCE  to  provide  for  the  election  of  an  Assistant 
City  Solicitor  for  the  City  of  Wilmington,  as  authorized 
by  Chapter  575,  Volume  XX,  Laws  of  Delaware. 

Be  it  ORDAINED  by  the  Council  of  Wilmington : 

Supplied  by 

Ci  -II  :«:  *  «  ^i  :-':  *  ^  *   ACt  Of  MarCh 

Section  1.^  ^^        ^        -^         *  25  1907  24 

d.'l.  349. 

Supplied  by 
Cii?/^     9  *********  Act  of  March 

^^^-    ^-  25,  1907.  24 

D.  L.  349. 

Sec.  3.    That  a  person  in  order  to  be  eligible  for  election  P'oy.is?  as 

'^  ^  to  eligibility. 

as  provided  in  Section  1  of  this  ordinance,  shall  be  an  attor- 
ney-at-law,  admitted  to  practice  in  the  Superior  Court  of  the 
State  of  Delaware,  and  shall  have  been  a  resident  of  the  City 
of  Wilmington  for  at  least  one  year  next  preceding  such  elec- 
tion. 

Sec.  4.  All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  be  and  the  same  are  hereby  repealed. 

Passed  at  the  City  Hall,  June  20,  1901. 


AN  ORDINANCE  providing  a  salary  for  the  Assistant  City 
Solicitor. 

Be  it  ordained  by   The  Council  of  Wilmington    (two- 
thirds  of  all  members  elected  to  The  Council  concurring  here- 


Section  1.    That  from  and  after  the  passage  of  this  ordi-  g^iary. 
nance  the  Assistant  City  Solicitor  shall  receive  a  salary  of  One 
Thousand  Dollars  per  annum ;  the  same  to  be  payable  at  the 
same  time,  and  in  the  same  manner  as  the  salaries  of  other  city 
officials  are  now  payable. 

Approved  August  2,  1907. 


See  Charter,  Sec.  40. 


604 


ORDINANCES. 


Salary  per 
annum. 


Salary  per 
annum. 


AN  ORDINANCE  providing  for  a  salary  for  the  Deputy  City 
Judge  for  the  Municipal  Court  of  Wilmington. 

Be  it  ordained  by  The  Council  of  Wilmington : 

Section  1.  That  the  salary  of  the  Deputy  City  Judge  of 
the  IMunicipal  Court  for  the  City  of  Wilmington  shall  be 
Seven  Hundred  and  Twenty  Dollars  ($720)  per  annum,  pay- 
able monthly  in  the  same  manner  as  other  officers  of  said  city 
are  paid. 

Sec.  2.  That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  are  hereby  expressly  repealed. 

Approved  June  28,  1907. 


AN  ORDINANCE  fixing  the  salaries  of  the  Executive  Officers 
of  the  Board  of  Health  in  the  City  of  Wilmington. 

Be  it  ordained  by  the  Council  of  Wilmington : 

Section  1.  On  and  after  the  second  day  of  ]May,  A.  D. 
1907,  the  executive  officers  of  the  Board  of  Health  of  the  City 
of  Wilmington  shall  each  receive  an  annual  salary  of  Nine 
Hundred  Dollars  ($900),  payable  in  equal  monthly  install- 
ments. 


Secretary  to 
Mayor  and 
Executive 
Board. 


Sec.  2.     All  ordinances  and  parts  of  ordinances  incon- 
sistent herewith  are  hereby  repealed. 

Approved  April  15,  1907. 


AN  ORDINANCE  providing  for  the  appointment  of  a  Secre- 
tary to  the  Mayor  and  the  Executive  Board  of  the  City  of 
Wilmington. 

Be  it  ordained  by  The  Council  of  Wilmington : 

Section  1.  That  a  Secretary  for  the  ]\Iayor  and  the  Ex- 
ecutive Board  of  the  City  of  Wilmington  shall  be  appointed 
by  the  Mayor  on  or  before  the  first  day  of  May,  A.  D.  1907, 
who  shall  hold  office  as  such  Secretary  at  the  pleasure  of  the 
Mavor. 


ORDINANCES.  ^  605 

Sec.  2.  No  person  shall  hold  the  office  of  Secretary  to  the  ^o^s'of^" 
Mayor  and  Executive  Board  of  the  City  of  Wilmington  who  secretary. 
shall  not  be  a  competent  stenographer  and  tj^Dewriter. 

Sec.  3.  It  shall  be  the  duty  of  such  Secretary  to  perform 
such  services  as  shall  be  required  of  him  by  the  Mayor  or  by 
the  Executive  Board  in  the  performance  of  their  official 
duties ;  and  said  Secretary,  while  not  so  employed,  shall  assist 
the  Clerk  of  Council  in  the  performance  of  the  duties  of  such 
Clerk. 

Sec.  4.    The  salary  of  said  Secretary  shall  be  One  Thou-  salary, 
sand  Dollars  per  year  payable  monthly  in  the  same  manner  as 
other  city  officers  are  paid. 

•     Approved  April  18,  1907. 


AX  ORDINANCE  to  provide  for  the  election  of  two  Rodmen 
for  the  Department  of  Engineering  and  Surveying  for 
the  City  of  Wihnington. 

Be  it  ordained  hy  the  Council  of  Wilmington : 

Section  1.  That  the  Council  at  the  first  stated  meeting  in  Election  of 
the  month  of  February,  A.  D.  1901,  and  at  the  first  stated 
meeting  in  the  month  of  February  in  each  and  q\qvj  third 
year  thereafter,  shall  elect  two  suitable  persons  to  be  known  as 
Kodmen  for  the  Department  of  Engineering  and  Surveying 
for  the  City  of  Wilmington,  the  persons  so  elected  shall  be  sub-  Subject  to 

^  orders. 

ject  to  the  orders  of  the  City  Engineer. 

Sec.  2.     [That  the  salary  of  each  of  the  Rodmen  of  the  salaries. 
Department  of  Engineering  and  Surveying   shall   be    Seven  ^ow'p^i^'^ 
Hundred  and  Twenty  Dollars  per  annum  payable  monthly.^] 

Sec.  3.    All  ordinances  or  parts  of  ordinances  inconsistent 
with  this  ordinance  be  and  the  same  are  hereby  repealed. 

Passed  at  the  City  Hall,  January  17,  1901. 


1.     See  Ordinance  on  page  602  of  this  volume. 


606 


Salary  per 
annum. 


ORDINANCES. 

AN  ORDINANCE  providing  a  salary  for  the  Clerk  of  the  Mu- 
nicipal Court. 

Be  it  ordained  by  the  Council  of  Wilmington  (two- 
thirds  of  all  members  elected  to  the  Council  concurring  here- 
in) : 

Section  1.  That  from  and  after  the  passage  of  this  ordi- 
nance, the  Clerk  of  the  Municipal  Court  shall  receive  a  salary 
of  Twelve  Hundred  Dollars  ($1200.00)  per  annum,  the  same 
to  be  payable  at  the  same  time  and  in  the  same  manner  as  the 
salaries  of  the  other  city  officials  are  now  payable. 

Sec.  2.  All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  are  hereby  repealed. 

Approved  July  25,  1908. 


Salary  per 
annum. 


AN  ORDINANCE  providing  a  salary  for  the  Clerk  of  Coun- 
cil. 

Be  it  ordained  by  the  Council  of  Wilmington  (two- 
thirds  of  all  the  members  elected  to  the  Council  concurring 
herein)  : 

Section  1.  That  from  and  after  the  i^assage  of  this  ordi- 
nance the  Clerk  of  Council  shall  receive  a  salary  of  Fifteen 
Hundred  Dollars  per  annum;  the  same  to 'be  payable  at  the 
same  time,  and  in  the  same  manner,  as  the  salaries  of  the  other 
city  officials  are  now  payable,  to  take  effect  July  1,  1908. 

Sec.  2.  That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  be  and  the  same  are  hereby  repealed. 

Approved  July  25,  1908. 


AN  ORDINANCE  empowering  the  City  Solicitor  to  employ  a 
Stenographer  and  Typewriter. 

Be  it  ordained  by  The  Council  of  Wilmington : 

Authorit '  to  Section  1.    That  the  City  Solicitor  be,  and  he  hereby  is, 

em^pioy^sten-  authorized  to  employ  a  stenographer    and   typewriter;    said 


ORDINANCES.  607 

stenographer  and  typewriter  to  hold  office  for  and  during  the 
term  of  the  City  Solicitor  by  whom  appointed. 

Sec,  2.     That  said  stenographer  and  typewriter  shall  re-  salary. 
ceive  the  salary  of  five  hundred  dollars  per  annum;  the  same 
to  be  payable  at  the  same  time,  and  in  the  same  manner  as  the 
salarj^  of  other  city  officials   are   now   payable,  to  take  effect 
July  1,  1908. 

Approved  July  25,  1908. 


MEMBERS   OF   COUNCEL,. 

AN  ORDINANCE  concerning  Members  of  Council  and  cer- 
tain city  officers. 

Section  1.  No  person,  whilst  a  member  of  the  Council,  disqualified 
shall  be  considered  a  suitable  and  proper  security  for  any  city  ^°^'  sureties. 
officer  whatever. 

Sec.  2.    Every  committee  of  the  Council  submitting  a  re- 
port, recommending  any  action,  which  will  require  an  expendi-  Estimate  of 
ture  of  the  public  money,  shall  embody  in  such  report  an  esti-  repoAl^  ^^ 
mate  of  the  probable  cost  thereof. 

Passed  at  City  Hall,  April  3,  1862. 


AN  ODINANCE  relative  to  unexpired  terms  of  office. 

Section  1.  In  case  of  a  vacancy  by  death  or  otherwise  in  vacancies  in 
any  office,  the  appointment  to  which  is  made  by  the  Council,  the 
said  Council  may,  as  soon  thereafter  as  it  shall  deem  expedi- 
ent, elect  a  person  to  fill  said  office  for  the  residue  yet  unex- 
pired of  said  term.  And  the  person  so  elected  and  qualified 
shall  have  all  the  powers,  rights  and  authority  and  be  subject 
to  all  burdens,  liabilities  and  duties  appertaining  to  said  office. 

Passed  at  City  Hall,  November  9,  1865. 


608  ORDINANCES. 

SALARIES  OF  CERTAIN  OFFICERS. 

AN  OBDINAXCE  defining  the  salaries  of  the  officers  of  city} 

Section  1.  That  the  salaries  and  compensation  of  the  offi- 
cers of  the  city  hereinafter  named,  shall  be  as  follows,  payable 
monthly,  viz : 

Act^oJ  March  Mayor,  per  year   [$2,000.00] 

Jnclge  of  the  Municipal  Court,  per  year 1,500.00 

President  of  Council,  per  year 300.00 

jufy'l^ilos.  ^1*^^^^  0^  Council,  per  year [  1,500.00] 

City  Treasurer,  per  year 1,200.00" 

juiy^rwos.  Cit^  Auditor,  per  year [  1,500.00] 

Chief  Engineer  of  the  City,  per  year 2,000.00 

juiy'25ri90s.  ^lerk  of  IMunieipal  Court,  per  year [  1,200.00] 

Ordinance      Executive  Officers  of  the  Board  of  Health,  each 

Apriii5, 1907.          per  year [  900.00] 

Registrar  of  Deaths,   Births   and  Marriages,   per 

year   800.00 

Act  of  April    ^lembers  of  Board  of  Asse&sment,   Revision  and 

-^^'  ^^^"-                 Appeals,  each,  per  year [  150.00] 

Members  of   Council,   each,  for  each   meeting  of 

Council 1.00 

Members  of  Council,  for  each  committee  meeting 

attended .50 

Chairman  of  Finance  Committee,  per  annum 50.00 

Chairman  of  Public  Buildings  Committee,  per  an- 
num     25.00 

^c/gO|  May     Bailiff  of  Council,  per  annum [  720.00] 

Juiy''l"i9bs   ^^*^'  Auditor's  Clerk,  per  annum [  1,200.00] 

Au-T'iTog    ^^^^  Treasurer's  Clerk,  per  annum [  1,200.00] 

Refoiution.     Street  Commissioner,  per  annum 2,000.00 

Julv  30,  1907.                                                        '    ^  ' 

ordinance,^^  Secretary  of  Board  of  Health,  per  annum [  500.00] 

Vaccine  Phy.sicians,  per  annum 100.00 

Members  of  Board  of  Health,  each,  per  annum.  .  .  .  100.00 

Jan^"7"i904   ^^^^^  Assistant  Engineer  Surveying  Department, 

per  annum   [  1,240.00] 


1.     This   ordinance   is   published   as   altered   and   amended   by  Acts   of 
General  Assembly  and  ordinances  passed  subsequently. 


ORDINANCES.  609 


Second    Assistant    Engineer    Surveying    Depart- 
ment, per  annum   [  1,140.00]  J^"^'"27"i964 

Regulator  of  Clock,  per  annum 75.00 

Harbor  Master,  per  annum 100.00    Ju'^g'^^J'^fssg 

Clerk  of  the  Market,  per  annum 500.00   f%f^'^^^ 

Wharf  Commissioners,,  per  day,  whilst  employed, 

each   1.00 

Building  Inspector,  per  annum [  1,500.00]  Aprii22,is93. 

Original  ordinance. 

Passed  at  City  Hall,  June  30,  1864. 


610 


ORDINANCES. 


CHAPTER  II 

STANDING  COMMITTEES  OF  COUNCIL. 


Pag-e 

1.  Finance    610 

2.  Fire   Companies    610 

3.  Police    611 

4.  Public    Buildings    611 


Page 

5.  Bonds    612 

6.  Printing    613 

7.  Law    614 

8.  Pay  Roll  System    615 


FINANCE    COMMITTEE. 


Sec.  4.  That  the  City  Council  shall,  at  its  first  stated 
meeting'  after  the  city  election  in  every  year,  appoint  a  Fi- 
nance Committee,  composed  of  three  members,  which,  in  addi- 
tion to  its  other  duties,  shall  perform  the  duties  hereinafter 
provided.^ 


committee  on  fire  companies. 


Committee 
on  fire 
companies. 


Sec.  6.  The  Council  shall  appoint,  annually,  («■)  a  com- 
mittee of  three  members  whose  duty  it  shall  be  to  visit  the 
houses  of  the  several  fire  companies  previous  to  the  payment 
of  any  portion  of  their  annual  appropriations;  (^)  and  only 
such  companies   shall   share   such   appropriations  as  shall  be 


1.  This  paragraph,  part  of  an  Act  of  tlie  General  Assembly,  passed 
February  20.  1857,  (11  Del.  Laws,  Chap.  376,  Sec.  4.  page  407)  is  the  only 
direct  legislation  authorizing  the  appointment  of  a  Finance  Committee,  and 
appears  not  to  have  been  repealed.  It  is  published  here  for  the  sake  of 
uniformity  and  convenience. 


ORDINANCES.  611 

found,  on  examination  by  said  Committee,  to  have  twenty-five 
active  members  above  the  age  of  twenty-one  years,  and  whose 
apparatus  shall  be  in  a  good  and  sufficient  condition. 


Passed  at  City  Hall,  October  13,  1856. 


POLICE   COMMITTEE. 

AN    ORDINANCE    to    re-appoint   a    Committee    on   Puhlic 
Lamps  and  Police. 

Section  1.  There  shall  be  appointed  a  Committee  on 
Public  Lamps^  and  a  Police  Committee,  to  hold  office  until  the 
first  regular  meeting  of  the  City  Council  after  the  next  elec- 
tion. 

Passed  at  City  Hall,  March  30,  1871. 


COMMITTEE  ON  PUBLIC  BUILDINGS. 

AN  ORDINANCE  for  the  appointment  of  a  committee  which 
shall  have  the  charge  of  puMic  huildings. 

Section  1.      [That  there  be  appointed  a  committee  of  Aug.  20, 1872. 
Council  to  be  called  the  Committee  on  Public  Buildings,  who  Appointment 
shall  have  the  charge  and  supervision  of  all  the  public  build-  miue'e.' 
ings  and  grounds  belonging  to  the  city,  except  such  as  may  be  Duties. 
in  charge  of  other  committees  than  the  Committee  on  Public 
Buildings,  by  requirement  of  law,  or  ordinance,  or  resolution. 
It  shall  consist  of  five  members,  and  be  appointed  bv  the  Coun-  consist  of 

'^  "  .  .    nve  mem- 

cil  at  the  first  stated  meeting  after  the  passage  of  this  ordi- bers. 
nance,  and  annually  thereafter,    at   the    first  stated  meeting 
after  the  city  election.] 


1.     Public  lamps  are  now  in  charge  of  the  Board  of  Directors  of  the 
Street  and  Sewer  Departnient. 


612 

Aug.  20,  1872. 


ORDINANCES. 


Sec.  2.     [That  all  ordinances,  and  parts  of  ordinances,  in- 
consistent with  this,  be  and  the  same  are  hereby  repealed.] 

Passed  at  City  Hall,  March  16,  1871. 


COMMITTEE   ON  BONDS. 

AN  ORDINANCE  providing  for  the  appointment  of  a  Com- 
mittee on  Bonds  and  other  purposes. 

Appointment  SECTION  1.     That   there   shall   be   appointed  at  the  first 

of  com-  _  _  ... 

mittee.  stated  meeting  of  the  Council  after  the  city  election  in  every 

year,  or  whenever  a  vacancy  may  exist,  a  committee  of  five 
members  of  Council  to  be  entitled  Committee  on  Bonds.^ 


Duties  of 
committee. 


Sec.  2.  That  it  shall  be  the  duty  of  the  Committee  on 
Bonds  to  take  cognizance  of  the  official  bonds  and  oaths  or  af- 
firmations of  all  municipal  officers,  and  report  thereon  in  writ- 
ing at  the  first  stated  meeting  of  the  Council  after  the  elec- 
tion, appointment  or  entrance  upon  duty  of  each  and  every 
city  officer,  whether  said  officer  has  duly  taken  the  official  oath 
or  affirmation  and  given  official  bond  according  to  law;  (^) 
provided,  that  it  shall  not  be  requisite  for  said  committee  to 
report  upon  the  official  oath  or  affirmation  of  any  officer  when 
the  same  has  been  duly  administered  in  the  presence  of  the 
Council  or  upon  the  official  bond  or  oath  or  affirmation  of  any 
member  or  officer  of  the  Boards  of  Health  or  Public  Education. 

(a)  The  date  of  the  above  ordinance  is  18.56.  The  committee  is  now 
named  for  two  years — the  Councilmen  being  elected  for  that  time. 

(&)   The  fire  companies,  now,  enter  into  contracts  with  the  city. 

See  note,  p.   553   of  this  volume. 

(o)  The  duty  in  the  above  section  is  to  see  that  the  official  bond  has 
been  given  ^'according  to  law."  In  most  instances  the  bond  is  required 
to  be  given  ' '  before  the  time  fixed  for  entering  upon  the  duties  of  his  of- 
fice,"  (see  Sec.  11  "a"  of  the  Charter)  ;  but  there  are  exceptions  to  this 
rule.  The  Street  and  Sewer  Directors  bond  ^'immediately  after  organiza- 
tion, ' '  and  the  language  in  reference  to  the  Engineer  and  Eegistrar  of 
the  Water  Department  is:  "They  shall  give  security,"  no  time  being 
fixed. 

The  Mayor,  the  City  Solicitor,  the  Water  Commissioners,  the  Park 
Commissioners,  the  Harbor  Commissioners  and  the  members  of  the  Board 
of  Health  are  not  required  to  bond. 

Care  should  be  taken  that  a  bond  be  executed  "according  to  law," 


2.     The  expense  of  Surety  Company  bonds  given  by  certain  municipal 
officers  are  paid  by  the  municipality.  See  25'D.  L.  Sec.  3,  p.  532  tliis  volume. 


ORDINANCES.  ■  613 

and  that  no  material  change  be  made  in  it  thereafter,  or  it  may  release 
the  surety. 

If  after  a  bond,  with  surety,  be  given,  a  seal,  or  scroll  be  added  to 
the  signature  of  the  principal,  by  the  principal  without  the  knowledge  of 
the  surety,  it  will  be  void. 

State  of  Delaware  vs.  Smith,  9  Houst.  143.  (yr.  1890) 

Sec.  3.    That  it  shall  be  the  duty  of  the  Clerk  of  Council  Duty  of 

''  Clerk  of 

to  furnish  the  Committee  on  Bonds  with  the  name  and  office  council. 
of  every  city  officer  contemplated  b}^  Section  2  of  this  ordi- 
nance immediately  after  his  election  or  appointment. 

Sec.  4.     That  the  Committee  on  Bonds  shall  provide  [a  P/ovidebook 

■^  '-of  printed 

book  or  books  of  printed  copies  of  the  official]  oath  or  affirma-  copies  of 
tion,  Avhich  is  required  by  law  of  city  officers,  and  every  officer  ggp^'  g_  1575 
of  the  city  (excepting  those  sworn  in  at  a  meeting  of  the  Coun- 
cil and  members  or  officers  of  the  Board  of  Health  or  of  Public 
Education,)  shall  take  and  subscribe  the  oath  or  affirmation 
aforesaid  before  some  officer  having  authority  by  law  to  ad- 
minister an  oath,  and  the  same  shall  be  thereupon  kept  in  the 
office  of  the  Clerk  of  Council  [in  said  book  or  books  for  that  Sept.  g,  ists. 
purpose  to  be  provided.] 

Passed  at  City  Hall,  May  22,  1873. 


PRINTING   COMMITTEE. 

AN  ORDINANCE  definivg  the  duties  of  the  Printing  Com- 
mittee. 

Section  1.     There  shall  be  elected  annually  a  committee  committee, 
consisting  of  three  members  of  Council,  to  be  entitled  "The 
Printing  Committee. ' ' 

Sec.  2.  That  it  shall  be  the  duty  of  the  Printing  Com-  S^r^^^^ittL. 
mittee  to  superintend  and  direct  all  printing  that  may  be  nec- 
essary in  the  different  departments  of  the  city  government. 
Whenever  any  officer,  committee  or  department  of  the  city 
shall  require  printed  books,  blanks,  forms  or  other  printed 
matter  they  shall  be  furnished  as  directed  by  said  Printing- 
Committee. 

Sec.  3.    Said  committee  shall  direct  and  control  the  neces-  ^t°?°fjj.|?  ^°'' 
sary  advertisements  for  sealed  proposals  for  any  public  work 


614  ORDINANCES. 

or  contract  of  any  kind  Avhat»oever ;  («)  and  it  shall  be  left  to 
the  discretion  of  the  members  of  said  conmiittee  to  say  when, 
where  and  in  what  manner  such  advertisements  shall  be  made. 

(a)   As  to  powers,  in  general,  when  advertising  for  sealed  proposals, 
see  the  case  of 

Keogh  vs.  Mayor  and  Council  Wilmington,  4  Del.  Ch.  491.  (yr.  1872) 

Sec.  -4.  Immediately  after  the  passage  of  any  ordinance 
ordfnan^e!  bv  the  Councll,  the  Chairman  of  the  Printing  Committee  shall 
be  notified  of  the  fact  by  the  Clerk  of  the  Council,  and  it  then 
shall  be  the  duty  of  the  Printing-  Committee  to  decide  whether 
or  not  said  ordinances  shall  be  published  in  any  of  the  news- 
papers of  this  city ;  and  if  it  be  decided  that  the  ordinance  is 
of  such  a  character  as  to  demand  publication,  the  Printing 
Committee  shall  direct  in  what  newspaper  or  newspapers  it 
shall  be  published  and  for  what  length  of  time ;  provided,  that 
the  printing  of  all  ordinances  making  appropriations  for  the 
year  and  additional  appropriations  shall  be  under  the  control 
of  the  Clerk  of  Council  as  directed  by  Section  49  [now  Sec- 
tion 69  of  Charter]  of  the  City  Charter  as  amended.  And  pro- 
^     e.      a,     vided  further,  that  the  statement  of  the  fiscal  concerns  of  the 

See  Sec.  64,  '  '  ■ 

new  Charter.  Q\fy  ^g  directed  by  Section  [64]  of  the  City  Charter  as  mended ; 
anel  provided  further,  that  all  ordinances  establishing  the  sal-' 
aries,  fees  or  emoluments  of  any  elective  office  shall  be  pub- 
lished in  the  newspapers  of  the  city,  with  the  ayes  and  noes 
thereon,  at  least  two  weeks  before  the  next  ensuing  election 


See  Sec.  47, 
new  Charter. 


Sec.  5.     That  all  ordinances  and  parts  of  ordinances  in- 
consistent herewith  are  hereby  repealed. 

Passed  at  City  Hall,  January  18,  1883. 


LAW    COMMITTEE. 

AN  ORDINANCE  defining  the  duties  of  the  Law  Committee. 
AddUionai  SECTION  1.    The  Law  Committee,  in  addition  to  its  other 

duties  required  by  law,  shall  perform  the  duties  heretofore  as- 
sumed bv  the  Legislative  Committee. 


ORDINANCES.  615 

Sec.  2.    All  ordinances  and  parts  of  ordinances  inconsist- 
ent herewith  are  hereby  repealed. 

Passed  at  City  Hall,  September  1,  1887. 


PAY-ROLL   SYSTEM, 

AN  OEDINANCE  creating  a  pay-roll  system  for  the  govern- 
ment of  various  departments  of  the  City  of  Wilmington. 

Section  1.   That  the  Department  of  Street  Commissioner,  ment^sTo '^*^" 
of  the  Engineering  and  Snrveying,  and  of  Police,  and  each  pj^y^j^olJ^lyg. 
and  all  other  departments  of  the  City  of  Wilmington,  not  *®™  applies. 
herein  named,  in  which  wages  and  salaries  have  to  be  paid, 
shall  be  governed  by  the  following  pay-roll  system. 

Sec.  2.^    That  the  head  of  the     *******     *  ^el^^of  de- 
street  department  shall  make  out,  or  cause  to  be  made  out,  on  partments. 

,  .     .  ,  „    '  See  Act  of 

Tuesday  of  each  week,  a  pay-roll  contammg  the  name  or  each  April  20. 
person  employed  by  the  day  or  week,  their  occupations,  and  l.  352. 

.  Pav-rolls  to 

the  amounts  due  to  such  persons,  and  submit  the  same  to  the  be  approved 

,.  ,  «i  •i-at-atitik-v.itik  before  being 

committee  having  charge  01  the  said     *******  passed, 
street  department.     And  if  the  said  committee  shall  endorse 
the  said  pav-roll  as  correct,  the  same  shall  be  sent  to  the  Clerk 

"  .  Exceptions. 

of  the  Council,  who  shall  cause  the  aforesaid  pay-roll  to  be 

read,   [unless  the  reading  therof  shall  be  dispensed  with  by  March  11, 

the  unanimous  consent  of  council]  and  if  Council  so  direct,  he 

shall  draw  an  order  for  the  several  amounts  due  in  favor  of 

[the  head  of  the  department  sending  in  the  pay-roll,  for  the 

amount,  in  gross,  of  said  pay-roll.     The  said  head  of  depart-  Time  for  the 

'  *^  '  ^    "^  ^  payment  of 

ment,  upon  the  following  day,  shall,  between  the  hours  of  four  employees, 
and  eight  o'clock  P.  M.,  pay  to  the  persons  named  in  said  pay- 
roll, the  respective  amounts  set  opposite  their  names,  and  take 
their  receipts  upon  a  pay-roll  book,  upon  which  he  shall  copy 
the  said  pay-roll,  which  pay-roll  book  shall  be  filed  in  his  office. 
Provided,  however,  that  w^hen  the  Council  shall  issue  warrants  Warrants. 
payable  at  a  future  time,  said  warrants  shall  be  drawn  in  fa- 


1.  The  reference  made  in  this  section  to  the  street  committee  of  The 
Council,  and  to  The  Council,  is  no  longer  applicable.  The  Street  and  Sewer 
Department  has  full  charge  of  the  matter. 


616  OBDINANCES. 

vor  of  each  person  named  in  the  pay-roll,  and  said  warrants 
shall  be  delivered  to  them  by  the  head  of  the  department,  in 
lieu  of  mone}"  as  before  provided.] 

Clerk  of  Sec.  3.    The  Clerk  of  the  Council  shall,  on  the  last  Thurs- 

Council.  • 

day  of  each  month,  make  out  or  cause  to  be  made  out,  a  pav- 

Citv  officers'         *'  '  t-t^v?  ^i- 

pay-roll  to     roU  Containing  the  names  of  all  the  salaried  officers  of  the  city 

to  Finance     government,  IMembers  of  the  Council  and  Board  of  Health, 

for  approval,  [and  the  names  of  all  the  emploj-ees  of  Department  of  Engi- 

Aug.  oi,  18/4.  ^^^^^.^^  and  Surveying]   who  shall  be  paid   [monthly,]   their 

position  and  the  amount  due  each  one  named  on  said  pay-roll, 

and  submit  the  same  to  the  Finance  Committee,  and  if  said 

committee  indorse  the  said  pay-roll  as  correct,  the  Clerk  shall 

cause  the  same  to  be  read  at  the  next  regular  meeting  of  the 

Council.     And  if  Council  so  direct,  he  shall  draw  orders  in 

favor  of  the  parties  so  named  on  said  pay-roll,  [the  said  orders 

Orders,  when  to  be  Called  f or  at  the  City  Treasurer 's  office,  on  and  after 

the  Tuesday  next  following.] 

Placing  the  Sec.  4.  That  any  pay-roll,  made  out,  or  caused  to  be  made 

per?on°on"^  out,  by  the  head  of  any  department,  or  by  the  Clerk  of  Coun- 
propeHy"m-  cil.  Containing  the  name  or  names  of  any  person,  or  persons, 
ccmsmute  a  ^ot  properly  employed,  as  pro\'ided  for  by  the  ordinances  of 
meamjr,  and  this  city,  the  pcrson  SO  offending  shall  be  guilty  of  a  misde- 
so^off"nd/Jig  meanor,  and  shall  at  once  be  suspended  from  performing  the 
pended!etc.'  dutics  pertaining  to  the  said  position,  and  upon  the  election 
of  a  successor  his  connection  thereto  shall  cease. 

Pay-rolls,  g^c.  5.    That  the  pav-rolls,  after  having  been  acted  upon 

upon  by         ]3y  Couucil,  shall  be  sent  to  the  City  Treasurer,  who  shall  copy 
shall  be'sent  the  Same  in  the  pay-roll  book,  and  the  said  Treasurer,  or  in 

to  the  City  -^    "^  '  '         . 

Treasurer,      j^jg  absence,  then  his  legal  representatives,  shall  take  a  receipt 
Treasurer      qu  the  Said  pav-roll  book  for  everj^  amount  so  paid.     *     *     * 

on  receipt  of  -^     * 

pay-roll. 

vPTienTreas-  Sec.  10.    So  much  of  the  Treasurer's  accoimts  as  shall  be 

counts  shall  affected  by  this  ordinance,  shall  be  audited,  on  or  before  the 
tenth  day  of  each  and  every  month,  and  a  report  of  the  same 
made  to  Council  at  the  first  stated  meeting  thereafter. 

Passed  at  City  Hall,  March  23,  1871. 


urer  s  ac- 
counts shi 
be  audited. 


ORDINANCES.  617 


CHAPTER  III 

DEPARTMENT  OF  ENGINEERING  AND  SURVEYING. 

AN  ORDINANCE  to  create  the  Department  of  Engineermg 
and  Surveying  for  the  City  of  Wilmington. 

Section  1.  The.  Department  of  Engineering  and  Survey- 
ing, hereby  established,  shall  be  under  the  control  of  the  Com- 
'mittee  on  Opening  Streets,  («)  who  shall  exercise  a  general 
supervision  over  the  Engineering  and  Surveying  Department, 
and  to  whose  direction  the  Chief  Engineer  and  officers  shall 
conform.  [That  the  officers  ot  the  Department  of  Engineer-  ^®^-  ^'  ^^^^• 
ing  and  Surveying  shall  consist  of  one  Chief  Engineer,  and  Department, 
two  or  more  Assistant  Engineers  as  Council  shall  think  neces- 
sary, and  designated  as  First,  Second,  and  Third  Assistant 
Engineers.^  That  the  Chief  Engineer  and  Assistant  Engi- 
neers shall  be  known  collectively  by  the  title  of  Engineers  of 
the  City  of  Wilmington.] 

(ffl)  When  "The  Council"  had  control  of  the  streets  it  had  such  a 
committee.  The  Street  and  Sewer  Department  was  created  in  1887,  and 
since  that  time  ' '  The  Council ' '  has  had  nothing  to  do  with  the  streets. 
It  has  no  such  committee  now. 

The  Council  appoints  and  pays  the  officers  named  in  the  above  sec- 
tion, but  they  devote  all  their  time  and  labor  to  the  Street  and  Sewer  De- 
partment, and  must  attend  their  meetings  when  required  so  to  do,  and  ad- 
vise, &c.,  the  Department. 

See  Sec.  5  of  the  Street  and  Sewer  Act,  p.  230  of  of  this  volume. 

Section  6  of  the  above  Act  gives  the  Department  power  and  author- 
ity to  name  and  appoint  all  the  officers  it  desires — its  own  surveyors  and 
engineers,  for  instance,  though  in  that  ease  it  would  have  to  i^ay  them 
itself.  These  officials  should  be  under  the  absolute  and  exclusive  control 
of  the  Street  and  Sewer  Department.  , 


1.  An  ordinance  passed  February  10,  1910,  has  changed  the  above  sec- 
tion. 

The  revision  of  the  Charter,  Laws  and  Ordinances  is  brought  up  to 
January  1,  1910,  so  that  the  above  mentioned  ordinance  does  not  appear 
herein. 


618 


ORDINANCES. 


Election  of 
Chief  En- 
gineer and 
Assistants. 


Term  of 
ofHce. 


Feb.  S,  1883. 
Salaries. 


Sec.  2.  The  Council  shall,  at  the  first  stated  meeting  in 
February,  1871,  elect  a  Chief  Engineer  and  Surveyor  for  the 
term  of  three  years  *  *  *  and  at  the  same  meeting  shall 
elect  two  or  more  Assistants  (one  of  whom  shall  be  a  good 
draftsman,  and  one  capable  of  keeping  accounts)  for  the  term 
of  three  years.  [That  the  salary  of  the  Chief  Engineer  shall 
be  two  thousand  dollars  per  annum,  payable  monthly.  That 
the  salary  of  the  First  Assistant  Engineer  shall  be  one  thou- 
sand dollars  per  year,  payable  monthly,  and  the  salary  of  the 
Second  Assistant  Engineer  shall  be  nine  hundred  dollars  per 
annum,  payable  monthly]  but,  nevertheless,  upon  proof  of  in- 
competence or  neglect  of  their  duties,  either  in  field  or  office, 
the  Council  shall  have  power  to  remove-  any  or  all  of  those 
elected  to  fill  the  offices  created  bv  this  ordinance. 


The  Chief 
Engineer 
shall  be 
sworn  and 
give  bond. 


Bond  to  be 
approved. 


Assistant 
Surveyors 
shall  be 
sworn  and 
give  bond. 


Sec.  3.  The  head  of  this  department  is  the  Chief  Engi- 
neer and  Surveyor,  and  he,  before  entering  upon  his  duties, 
shall  make  oath  or  affirmation  before  a  Judge  of  the  Superior 
Court  or  the  IMayor,  faithfully  to  discharge  the  duties  con- 
nected with  his  office,  as  the  same  then  are,  or  may  hereafter 
be  lawfully  defined,  and  in  addition  he  shall,  before  entering 
upon  said  office,  execute  a  bond  ^^dth  two  sureties  to  be  ap- 
proved by  the  ]\Ia3'or  and  President  of  Council  in  the  sum  of 
two  thousand  dollars,  conditional  for  the  payment  of  any  dam- 
ages which  may  be  sustained  or  incurred  for  or  in  consequence 
of  any  mistake. or  error  made  by  him  in  giving  the  line  or  lines, 
or  grade  or  grades  of  any  lot  or  lots  which  he  may  survej^  by 
virtue  of  his  office,  which  bond  shall  be  for  the  bentfit  of  any 
person  or  persons  so  aggrieved;  {^)  provided,  that  the  same 
shall  not  be  recoverable  unless  prosecuted  during  his  term  of 
office,  or  within  one  year  after  the  expiration  thereof. 

(a)  This  decision,  or  the  giving  of  lines,  does  not  bind  the  property 
owner,  for  he  is  not  to  be  the  judge  of  titles  of  real  estate.  That  matter 
belongs  to  the  courts. 

Xivin  vs.  Stevens,  5  Har.  272  at  275.   (vr.  18.50) 

Sec.  4.  Each  Assistant  Survej'or  shall  be  subject  to  the 
orders  of  the  Chief  Engineer  or  Surveyor,  and,  before  enter- 
ing upon  the  duties  of  his  office,  shall  make  oath  or  affirmation 
before  one  of  the  Judges  of  the  Superior  Court,  or  the  Mayor, 
that  he  will  faithfully  discharge  the  duties  of  his  office  as  the 


ORDINANCES.  619 

same  then  are,  or  may  thereafter  be  lawfully  defined,  and  each 

said  Assistant  Snrveyor  or  Regnlator  shall,  before  entering     . 

upon  said  office,  execnte  a  bond  with  two  sureties,  to  be  ap-  appr^oved.^® 

proved  by  the  ]\Iayor  and  President  of  the  Council,  in  the  sum 

of  two  thousand  dollars,  under  the  same  conditions  as  provided 

for  in  section  third. 

Sec.  5.    The  Chief  Engineer  and  Survevor  shall  have  the  duties  of 

'^  •  Chief 

superintendence  and  direction  of  all  surveys  and  regulations  Engineer, 
as  authorized  by  Acts  of  Legislature  and  ordinances  of  the  City 
of  Wilmington,  now  in  force  or  hereafter  to  be  enacted  by 
Legislature  or  the  City  of  Wilmington ;  he  shall  sign  all  plans 
and  profiles  or  surveys,  regulations,  bridges  and  culverts  when 
called  for ;  he  shall  furnish  the  Committees  of  Opening  Streets 
and  Streets,  with  all  plans  and  specifications  for  laying  out, 
grading  and  regulating  streets  and  public  ways,  and  for 
bridges,  culverts,  location  of  inlets  or  other  improvements  to 
be  done  under  the  superintendence  of  said  committees ;  he 
shall  have  charge  of  all  instruments,  maps,  plans,  drawings, 
records  and  books  relating  to  the  surveys,  regulations,  grades, 
culverts,  sewers,  bridges,  wharves,  and  rivers  of  the  city  and 
all  such  shall  be  the  property  of  the  City  of  Wilmington ;  he 
shall,  when  required,  attend  meetings,  and  consult  and  ad- 
vise («)  with  the  Council,  and  its  committees,  and  other  de- 
partments of  the  City  Government. 

(a)  The  city  should  consult  with,  and  follow  the  advice  of  its  en- 
gineer in  doing  -n'ork,  for,  by  so  doing  it  may  avoid  liability  that  would 
otherwise  come  to  it. 

Comegys,  C.  J:  "But  I  wish  the  jury  to  understand  that  what  has 
been  said  with  respect  to  immunity  of  the  city  from 
responsibility  for  error  of  judgment  is  meant  to  be  confined  to  cases  where 
competent  persons — for  example,  a  city  engineer — have  been  previously 
consulted,  and  have  given  an  opinion  which  has  been  followed.  But  where 
the  city  authorities  have  not  followed  the  advice  of  such  engineer,  or  have 
not  applied  for  it  at  all,  but  have  acted  upon  their  own  judgment,  as  they 
have  th6  right  to  do,  they — that  is,  the  corporation,  *  *  must  take 
the  consequences  of  tlieir  mistake  or  error  of  judgment,  if  such  there  shall 
be  found  to  have  been. ' ' 

Harrigan  vs.  Wilmington,  8  Houst.  140  at  143-144.   (yr.  1888) 

See  Huey  vs.  Eichardsou,  2  Har.  206  at  213.   (yr.  1837) 

The  Street  and  Sewer  Department,  now,  has  charge  of  the  above 
matters  and  things.  The  language  in  Sec.  5  of  the  Street  and  Sewer  Act 
(p.  230  of  this  volume)  is  similar  to  the  last  three  lines  of  the  above  sec- 
tion.    It  is  as  follows: 

' '  He  shall  when  required  by  said  directors,  attend  their  meetings, 
and  consult  and  advise  with  them,  or  either  of  them. ' ' 


620 


ORDINANCES. 


City  map.  ggQ_  Q     jpj^g  Chief  Engineer  and  Surveyor  shall  make,  or 

.  cause  to  be  made,  a  citj^  map,  and  duplicates  of  the  same,  to  be 
disposed  of  as  called  for  by  City  Charter.  This  map  is  to  be 
made  in  sections,  the  scale  not  greater  than  one  hundred  feet 
to  the  inch,  on  which  shall  be  placed  all  grades;  («)  widths  of 
streets,  alleys  and  pavements,  lengths  of  each  square,  all  and 
any  variation  that  may  be  found  in  them,  centre  stones,  sur- 
-  veying  and  leveling  marks,  culverts,  sewers,  inlets,  bridges, 
and  all  and  any  alteration,  or  alterations  and  additions,  shall 
at  once  be  recorded  thereon,  the  grades  shall  be  placed  thereon 
as  so  many  feet  above  mean  low  water,  in  the  Christiana  river 
at  Market  street  bridge.    He  shall  also  cause  to  be  made  a  book 

Plans.  or  books  of  plans  of  the  City  of  Wilmington,  divided  into  sec- 

tions, each  section  to  be  one  square,  each  section  not  to  be  over 
fifty  feet  to  the  inch,  so  far  as  the  streets  are  or  shall  be  laid 
out,  which  shall  show  the  situation  and  dimensions  of  each 
property  therein,  with  the  city  numbers  thereof,  and  who  are 
the  owners,  with  such  succession  of  blank  columns  as  will  per- 
mit the  names  of  future  owners  to  be  entered  therein,  with  the 
date  of  transfer,  and  with  index  for  recording  such  names  al- 
phabetically. He  shall  bring  up  said  book  or  books  in  their 
registry  as  near  as  practicable  to  the  date  of  each  annual  meet- 
ing of  the  Board  of  Revision.  He  shall  note,  in  an  intelligible 
manner  in  their  proper  places,  upon  all  said  plots  and  dia- 
grams, all  permanent  marks  of  reference,  now  made  or  which 
may  be  hereafter  made,  in  any  of  the  said  squares,  streets,  al- 
leys or  public  places,  whether  the  same  relate  to  lines,  culverts, 
sewers,  water-courses  or  bridges,  explanations  and  descrip- 
tions of  which  shall  be  written  in  the  proper  books  of  refer- 
ence, indexed  and  numbered.  He  shall  record  in  a  book,  to  be 
kept  for  that  purpose,  marked  ' '  street,  angles  and  distances, ' ' 
an  accurate  description  of  the  angles,  the  points  of  beginning 
and  ending  of  each  street  line  and  distance  between  said 
points.  He  shall  also  record  in  another  book,  marked  ' '  grades 
of  streets,  sewers,  drains,  etc.,"  an  accurate  description  of  all 
grades  of  the  streets,  alleys,  sewers,  drains,  etc.    He  shall  also 

Order  book,  ^ecp  an  Order  book,  upon  which  shall,  at  once,  be  placed  all  or- 
ders for  surveying,  etc.,  the  date  w^hen  ordered,  and  the  date 
to  be  placed  thereon  when  done,  also  the  amount  of  charges 


ORDINANCES.  621 

for  the  same,  wliicli  must  be  paid  for  wjien  ordered,  and  it 

shall  be  his  duty'to  have  all  orders  for  surveys  to  be  made  with 

the  view  to  the  erection  of  new  buildings,  or  other  work  to  be 

attended  to  within  four  working  days  after  notice  so  to  do  is 

given.    He  shall,  also,  with  the  other  Surveyors  or  Regulators,  ^"pa^/ty^  ^^ 

act  in  respect  to  party  walls,  etc.,  as  is  required  by  Sections  "^^'^ii^- 

[131.  132  and  133  of  City  Charter.] 

(a)  Persons  must  take  notice  of  the  grades  of  streets  as  laid  out  on 
the  city  map  or  plan. 

Cullen,  J.:  "If,  however,  you  are  satisfied  from  the  proof  offered, 
that  the  injury  sustained  was  such  as  was  necessarily 
incident  to  plaintiff 's  property  by  reason  of  its  location,  when  the  streets 
and  sidewalks  should  be  brought  to  the  grade  then  existing  when  he  pur- 
chased this  house  of  which  he  was  bound  to  take  notice, — in  such  case 
your  verdict  should  be  for  the  defendants. ' ' 

Benson  vs.  Mayor  and  Council  of  Wil.,  9  Houst.  359  at  364.  (vr. 
1893) 

See  Clark  vs.  Wilmington,  5  Har.  243.   (yr.  1849) 

Sec.  7.  The  Chief  Engineer  and  Surveyor  shall  collect  Accounts, 
and  receive  and  keep  an  account  thereof,  in  a  book  for  that 
purpose,  all  the  fees  and  charges  connected  with  the  office  of 
the  department  of  surveys ;  and  he  shall,  at  the  close  of  each 
month,  make  returns,  under  oath  or  affirmation,  to  the  City 
Auditor,  of  each  item  of  moneys  received  by  him,  and  imme- 
diately pay  the  same  to  the  City  Treasurer  as  other  moneys 
belonging  to  the  city  are  paid.  He  shall  also  make  an  annual  ^^^  ^^^ 
report  on  the  first  of  January,  to  the  Council,  in  each  and 
every  year,  of  the  action  and  work  of  this  department,  and 
therewith  shall  be  an  account  of  all  moneys  received  and  ex- 
pended. 

Sec.  8.    Each  Assistant  Engineer  or  Reg-ulator  shall  keep  J^t-&n-^^^' 
an  accurate  record,  in  a  book  provided  by  the  city  for  that  f "gp'^a^i-lcord 
purpose,  of  all  surveys  and  adjustments  of  party  lines,  and  all  l^one?"^^ 
other  Avork  done  hy  him.     He  shall  also  designate  the  proper 
lines,  levels  and  grades,  as  established  by  the  confirmed  plan  of 
the  city,  and  shall,  when  the  Chief  Engineer  thinks  necessary, 
furnish  plans  and  drawings  of  the  same ;  and  he  shall  in  every 
way  assist  and  forward  the  work  of  the  department,  and  all 
such  plans,  surveys,  drawings,  records,  minutes,  notes,  mem- 
oranda and  regulations  shall  be  the  property  of  the  City  of 
Wilmington. 


622 


ORDINANCES. 


Building 
lines  ob- 
tained. 


Penalty  for 
neglect  or 
refusal. 

Removing 
or  defacing 
centre 
stones. 


Penalty, 


Sec.  9.  If  anj^  person  or  persons  shall  begin  the  founda- 
tion or  erect  any  buildings  adjoining  to  or  iipon  any  street, 
road,  lane,  court  or  alley,  or  on  the  line  of  his,  her  of  their 
neighbor's  ground,  without  first  applying  to  and  having-  the 
line  or  lines  thereof  regulated  and  marked  («)  by  one  of  the 
Surveyors  or  Regulators,  or  shall  deviate  therefrom  by  extend- 
ing his,  her  or  their  building  or  buildings  beyond  any  or  either 
of  the  lines  or  boundaries  marked  as  aforesaid,  unless  deter- 
mined otherwise  by  appeal,  every  owner  or  master-builder 
shall  severally  forfeit  and  pay  the  sum  of  fifty  dollars;  and 
any  person  or  persons  removing  or  defacing  centre  stones  or 
other  permanent  surveying  or  leveling  marks,  shall  also  be 
liable  in  the  sum  of  fifty  dollars,  to  be  recovered  in  the  same 
manner  as  penalties  of  like  amount  are  now  or  hereafter  may 
be,  by  law  recoverable,  and  said  fines  shall  be  paid  into  the 
city  treasury. 

(a)    The  Court:      "The   owners  of  lots   hold   them   subject   to   this 
plan.     *     *     Hence  the  necessity  of  ajiplying  to 
the  regulators  for  building  directions. ' ' 

Clark  vs.  Wilmington,  5  Har.  243.  (jr.  1894) 

See  Mvin  vs.  Stevens,  5  Har.  272  at  275.  (yr.  18.50) 


Contracts 
certified. 


Penalty  for 

violation, 

$20. 


Sec.  10.  All  contracts  for  grading,  paving  or  curbing, 
entered  into  by  the  city,  shall  specify  that  the  accurate  meas- 
urement thereof,  shall  be  certified  by  one  of  the  Surveyors  or 
Regulators,  and  no  curbing  shall  be  set,  highways  graded,  nor 
gutters  laid,  unless  in  accordance  with  regulations  furnished 
by  one  of  the  Surveyors  or  Regulators,  under  a  penalty  of 
twenty  dollars,  to  be  paid  by  the  contractor,  and  shall  be  re- 
covered as  debts  of  like  amount  are,  or  may  be  by  law  recov- 
ered. 


Office  and 
custody  of 
instruments, 
etc. 


^  Sec.  11.  A  suitable  office  shall  be  provided  for  said  de- 
partment, in  which  shall  be  kept,  imder  the  custody  of  the 
Chief  Engineer  and  Surveyor,  all  the  instruments,  books,  rec- 
ords and  plans  relating  to  the  surveys,  regulations,  sewerage 
and  bridges  connected  with  the  City  of  Wilmington. 


That  the  fees  and  charges  of  the  Department  of  Engineering 


ORDINANCES.  623 

and  Surveying  shall  be  paid  in  advance,  and  shall  be  as  fol-  ^^^-  ^'  i^^^- 

lows,  to  wit : 

For  marking  one  building  line $2.00  p^^g 

For  marking  two  building  lines 2.80 

For  marking  three  building  lines 3.60 

For  marking  four  building  lines 4.00 

For  marking  front  or  building  line  of  lot  where  more 
than  one  building  is  erected,  each  additional 
building  line  shall  be  charged  one-half  the  usual 
rates,  viz :    1.00 

For  marking  grade  and  height  of  pavement  at  curb  or 

building  line  for  one  building.  .  .  .  ; 2.00 

For  each  additional  contiguous  building    on    the    same 

grade 1.00 

For  marking  curb  line  and  height  of  curb  in  front  of 
property  not  built  upon  for  each  front  of  fifty 
feet  or  less 2.00 

For  each  additional  contiguous  front 1.00 

For  marking  curb  line  and  height  of  curb  in  front  of 

dwelling  not  exceeding  fifty  feet 2.00 

For  marking  curb  line  and  height  of  curb  in  front  of 

dwelling  or  other  building  more  than  fifty  feet.  . .   3.00 

For  each  additional  contiguoiLS  dwelling  or  building  of 

less  than  fifty  feet  front 1.00 

For  measuring  and  valuing  partition  walls  and  making 

out  certificate  of  valuation,  each 2.00 

For  other  services,  not  enumerated  above,  the  fees  to  be 
charged  according  to  the  time  required  for  the 
performance  of  the  work,  or  to  be  agreed  upon  by 
the  Chief  Engineer  and  the  party  ordering  the 
same. 

The  following  charges  shall  be  made  for  information  fur- 
nished from  the  records  of  the  department : 

For  examination  of  plans  and  records $0.25 

For  examination  of  plans,  etc.,  and  short  abstract 50 

For  copies  of  documents,  per  100  words 10 

For  copies  of  plans,  per  hour  consumed  in  their  prepa- 
ration     1.00 


624  ORDINANCES. 

For  copies  of  plans,  no  charge  less  than  one  dollar. 

For  information  from  records  of  streets,  sewers,  culverts 

and   drains    50 

For  copy  of  official  return  of  survey 50 

Feb.  8, 1883.    For  official  certificate   50 

Passed  at  City  Hall,  January-  5,  1871. 


ORDINANCES.  625 


CHAPTER  IV 

FIRE  DEPARTMENT. 

Page  Page 

1.  Regulating     the     Fire    De-                    7.     Liberty   Fire   Engine  Com- 
partment   . 625  pany    . 637 

2.  Protection    of    Fire    Appa-  8.      Fire    Alarm    Districts 638 

ratus    628  9.     Water   Witcii    Fire   Engine 

3.  Reorganization   and    Regu-  Company 642 

lation   of  Fire   Department  628        10.     Providing        Horses        and 

4.  Delaware        Fire        Engine  Wagons    for    Officers 643 

Company 634       11.     Salaries  and  Allowances  of 

5.  Regulation   of   Street   Cars  j  Certain    Officers    644 

and    Vehicles    in    Case    of                  12.     Independence     Fire     Corn- 
Fires    635  pany 644 

6.  Badges  of  Firemen 636        13.     Brandywine  Fire  Company     645 

1    14.     Union    Fire    Company 646 

AN  ORDINANCE  to  prevent  damages  from  fire,  and  to  regu- 
late the  Fire  Department. 

Section  1.     If  any  inhabitant  of  this  city  shall  cause  or  chimneys 

taking  fire. 

suffer  his  or  her  chimney  to  take  fire,  so  that  the  same  shall 

blaze  out  at  the  top,  every  such  person  shall  forfeit  and  pay 

the  sum  of  five  dollars.  («)     If  any  chimney  shall  take  fire,  so  Penalty. 

as  to  blaze  out  at  the  top,  within  thirty  days  after  the  same  ^ .  ,  .,.,     ^ 

^  '  J  J  ^  Liability  of 

shall  have  been  swept,  the  sweeper  thereof,  if  he  is  his  own  chimney 

^    '  -^  '         _  sweeper. 

master,  or  the  master,  if  he  has  one,  shall  forfeit  and  pay  the 
sum  of  one  dollar. 

(a)  If  a  chimney  become  weakened  from  a  fire  so  as  to  be  in  danger 
of  falling,  firemen  may  pull  it  down  without  being  liable  for  damages. 

J.  M.  Clayton,  C.  J.:  "In  the  case  of  Dewey  vs.  White  et  al.,  1 
Moody  &  Malkiu,  .56,  where  a  stack  of  chim- 
neys belonging  to  a  house  close  to  a  highway,  which,  by  reason  of  a 
former  fire  was  in  immediate  danger  of  falling  on  the  highway,  and  was 
thrown  down  by  some  firemen  belonging  to  the  British  -fire  office,  it  was 
held  by  Best,  Chief  Justice,  in  analogy  to  the  doctrine  of  nuisances,  that 
they  were  justified  in  so  doing,  and  were  not  answerable  in  an  action  of 
trespass  quare  clausum  fregit  for  damages  unavodiably  done  to  an  ad- 
joining house  of  the  plaintiff,  by  forcing  and  throwing  the  stack  of 
chimneys  on  its  roof.  These  firemen  were  acting  in  this  business  for  the 
benefit  of  the  public,  and  the  Chief  Justice  did  not  hesitate  to  declare. 


626 


ORDINANCES. 


License  of 

chimney 

sweeper. 

Penalty. 


that,  as  it  ■was  their  right  and  their  duty  to  do  the  act  thus  done,  they 
were  not  answerable  in  that  action. ' ' 

Huey  vs.  Richardson,  2  Har.  206  at  213-14.   (yi-.  1837) 

No  person  shall  exercise  the  business  of  a  chimney 
sweeper  until  he  shall  be  licensed  for  that  purpose  by  the 
Council ;  nor  shall  any  such  chimney  sweeper  charge  more 
than  ten  cents  per  story  for  sweeping  a  chimnej^  under  the  pen- 
alty of  one  dollar  for  each  offence. 


False  alarm 
of  Are. 


Penalty. 


Sec.  2.  If  anj^  person  or  persons  shall  hereafter  cause  a 
false  alarm  of  fire  to  be  raised,  within  the  limits  of  this  city, 
or  be  concerned  in  raising  said  alarm,  he,  she  or  they,  so  of- 
fending, shall  each  forfeit  and  pay  a  fine  of  not  less  than  one 
dollar,  and  not  exceeding  ten  dollars,  and  shall  suffer  impris- 
onment until  said  fine  and  costs  are  paid.  * 


Amended. 
Dec.  31.  1SS5; 
repealed. 
Aug.  5.  18S6. 
Removing  of 
fire  appa- 
ratus. 
Jan.  6.  1SS2. 


Penalty. 


Members 
shall  not 
assemble 
after  10 
o'clock  P.  M. 

Penalty. 


Sec.  3.        ********* 

Sec.  4.  In  the  event  of  any  fire  company  removing  ap- 
paratus from  their  building  between  sunset  and  daybreak, 
[except  on  a  fire  alarm  signal,  struck  from  one  of  the  boxes,] 
or  without  the  knowledge  of  some  officer  of  such  company,  of 
the  absolute  existence  of  fire,  such  company  shall  forfeit  the 
sum  of  ten  dollars  for  each  and  eveiy  such  offence,  to  be  de- 
ducted from  the  city  appropriation. 

If  any  fire  company  shall  permit  or  suffer  its  own  mem- 
bers or  any  other  person  to  assemble  in  the  apparatus  room 
belonging  to  said  company,  after  the  hour  of  ten  o'clock  P.  M., 
they  shall  forfeit  the  sum  of  ten  dollars,  to  be  deducted  as 
aforesaid.  Provided,  that  nothing  in  this  section  shall  be  so 
construed  as  to  prohibit  the  members  of  any  company  from 
entering  or  assembling  in  their  house  for  the  purpose  of  re- 
mo\nng  or  replacing  the  apparatus  during  or  immediately 
after  a  fire. 


Racing  of  Sec.  5.     If  anv  fire  companv  shall  be  found  racing  («) 

fire  com-  •  <.   i  i  j       •u.-u 

panics,  etc.,    -^yith  another  on  returning  from  a  fire  or  false  alarm,  and  witn- 

prohiblted.  "^  ■,     ti    r>      r-   •. 

out  having  their  bells  muffled,  the  said  company  shall  torleit 
Penalty,  $10.  the  sum  of  ten  dollars,  to  be  deducted  out  of  the  city  appro- 


ORDINANCES.  627 

priation  as  aforesaid ;  and  if  any  fire  company  which  maj^  not 
belong  within  the  limits  of  this  city,  entering  the  same  during 
a  fire,  or  an  alarm  of  fire,  shall  not  comply  with  and  observe  Companies. 
the  provisions  of  this  section,  the  member  or  members,  or 
other  person  or  persons,  connected  with  the  engine  of  tlie  said 
company,  violating  or  aiding  and  assisting  to  violate  this  pro- 
vision, shall  be  arrested,  and  upon  conviction  thereof,  shall 
forfeit  and  pay  a  fine  of  not  less  than  one  dollar  and  not  more  Pe"^!'^^'- 
than  ten  dollars. 

(a)  Lore,  C.  J.:  "If  Courtney  was  racing  with  the  driver  of  the 
Friendship  engine,  or  was  driving  at  an  immod- 
erate gait  at  the  time  of  the  accident,  he  was  thereby  violating  ordinances 
of  the  city,  and  was  guilty  of  negligence  per  se ;  and  if  his  death  resulted 
from  such  racing  or  immoderate  gait,  the  plaintiff  cannot  recover.  We 
cannot  charge  you,  as  requested  by  counsel  for  plaintiff,  that  the  driver 
of  the  fire  engine  is  governed  by  other  rules,  than  an  ordinary  traveler  on 
the  highway,  as  to  racing  or  going  at  an  immoderate  gait.  Under  the 
ordinance,  he  has  the  right  of  way,  but  in  other  respects  he  is  subject  to 
precisely  the  same  rules  as  other  travelers,  that  is,  in  driving  on  the 
streets  he  must  use  his  senses,  and  take  reasonable  care  and  caution  to 
avoid  danger,  and  to  prevent  injury  to  himself  and  to  others. ' ' 

Carswell  Admr.  vs.  Wilmington,  2  Marv.  360  at  365.   (yr.  1897) 

No  minors,  except  those  over  eighteen  years  of  age,  who  Minors,  un- 

r.        ^  1         •  r.    1  „  der  18  years. 

were  members  oi  a  nre  company  at  the  time  oi  the  passage  oi  not  allowed 

.1-,,,.™,  r\     -I-  '^o  ^^^  with 

the  ordinance  entitled,     A  Supplement  to  an  Ordinance,  en-  fire  com- 
titled  An  Ordinance  for  the  better  regulation  of  the  Fire  De- 
partment,"  passed  at  the  Cit}"  Hall,  April  13,  1849,  shall  run 
Avitli  a  fire  engine  or  hose  carriage,  either  to  or  from  a  fire,  or 
during  a  false  alarm,  under  a  penalty  of  not  less  than  one  or  Penalty. 
more  than  ten  dollars. 

Sec.  6.     [The  several  fire  companies   shall,    on   the   first  te^sT^'*^"""^ 
Monday  in  May  and  October  in  each  and  every  year,  cause  a  sept"i"i887 
practical  test  of  their  engines  to  be  made  at  a  place  and  in  a 
manner  to  be  decided  upon  by  the  Committee  on  Fire  Com- 
panies of  the  Council.     Said  test  to  be  under  the  control  and 
direction  of  said  committee. 

No  company  shall  receive  any  portion  of  their  annual  ap- 
propriation, unless  they  comply  with  the  above  provision,  and 
only  such  companies  shall  share  such  appropriations,  whose 
apparatus  shall  be  in  a  good  and  sufficient  condition.] 


628 


ORDINANCES. 


Sec.  7,     All  ordinances  and  parts  of  ordinances  in  con- 
flict with  the  foregoing  provisions  are  hereby  repealed. 

Passed  at  City  Hall,  October  13,  1856. 


Driving 
over  hose. 


Penalty. 


Proviso. 


Recovery  of 
of  fine. 


AN  ORDINANCE  for  the  better  protection  of  the  fire  appa- 
ratus. 

Section  1.  If  any  person  or  persons  shall  procure  the 
passage  of  any  cart,  dray  or  wheeled  wagon  over  the  hose  be- 
longing to  any  fire  company  of  this  city,  which  has  been  laid 
for  use  at  a  fire  or  supposed  fire,  every  person,  so  offending, 
shall  forfeit  and  pay  a  fixie  of  not  less  than  five  or  more  than 
ten  dollars ;  provided,  that  this  ordinance  shall  not  be  taken 
to  apply  to  any  person  who  may  pass  over  such  hose  vsdth  a 
cart,  dray  or  wheeled  wagon  which  is  designed  to  be  used  at 
such  fire  or  supposed  fire ;  the  fines  to  be  recovered  before  the 
[Municipal  Court]  as  debts  of  like  amount  are  recoverable  by 
law. 

Passed  at  City  Hall,  July  28,  1859.  . 


Names  of 
fire  engine 
companies 
and  their 
locations. 


AN  ORDINANCE  to  further  reorganize  the  Fire  Department 
of  the  City  of  Wilmington. 

Section  1.  The  fire  department  of  the  City  of  Wilming- 
ton, shall  consist  of  eight^  steam  fire  engines,  enumerated  and 
located  as  follows : 

Friendship — Location  of  engine  house,  Tenth  and  Ship- 
ley streets.^ 

Reliance — Location  of  engine  house,  Fifth  between  Wal- 
nut and  Poplar.^ 

Delaware — Located,  French  street  between  Fifth  and 
Sixth. 

Phoenix — Located,  Twelfth  and  King  streets. 


1.  Increased  to  twelve  by  subsequent  ordinances. 

2.  Now  located  on  Tatnall  between  Tenth  and  Eleventh  streets. 

3.  Now  located  at  southeast  corner  Fourth  and  Lombard  streets. 


ORDINANCES.  629 

Water  Witcli^ — Located,  Gilpin  avenue  near  Scott  street. 
Fame  Hose— Located,  Second  street  between  Shipley  and 

Orange. - 

Washington — Located,     French     between      Third      and 

Fourth. 

Weccacoe — Located,  Jackson  street  between   Front  and 

Second.^ 

[Liberty* — Located,  New  Castle  avenue  and  A  street.] 
[ Brandy wine^ — Located,  25th  and  IMarket  streets.] 
[Union ^ — Located,  Lancaster  avenue  and  Union  street.] 
[Independence" — Located,  17th  and  Claymont  streets.] 

Sec.  2.     The  Fire  Department  at  any  time  may  be  in-  Department 

may  be  in- 
creased by  application  to  the  Council,  two-thirds  of  the  mem-  creased. 

bers  thereof  concurring  by  ordinance    being    read    at    three 

regular  stated  meetings  of  the  Council. 

"  ^  Superceded 

by  Chapter 

Q„p,     q  *********  212,  Vol.  19. 

^^^-   '^-  Laws  of  Del., 

passed  May 

Sec.  4.    The  Chief  Engineer,  who  shall  at  least  be  oi  the  5.  i89i. 
age  of  twenty-five  years,  and  shall  have  been  a  resident  of  this  Quaiifica- 

,.,  .  -.,.  ,  tions  and 

City  for  rive  years  immediately  previous  to  his  election,  and  powers  of 
shall  assume  the  duties  of  his  office  on  the  first  IMonclay  in  ^May.  gineer. 
He  shall  have  full  control  of  the  Fire  Department  at  all  fires, 
assign  to  each  company  their  respective  duties  when  neces- 
sary, and  dismiss  them  when  their  services  are  no  longer  re- 
quired.^ 

He  may  prescribe  rules  («)  for  the  regulation  and  man-  Make  rules. 
agement  of  the  companies  at  fires,  and  on  going  to  and  return- 
ing from  fires. 

(a)   As  to  the  meaning  of  the  word  "rules"  see  the  case  of 
Morris  et  at  vs.  Pilot  Coms.,  7  Del.  Ch.  136.  (yr.  1894) 
(See  Sec.  76  "a"  of  the  Charter.) 

1.  Reorganized,  reincorporated  and  reinstated,  location  being  changed. 
See  ordinance  of  August  10.  1893,  page  642,  and  Vol.  20  D.  L.  670. 

2.  Reincorporated  as  Fame  Fire   Company. 

3.  Now  located  at  southeast  corner  Second  and  Jackson  streets. 

4.  See  ordinance  of  March  26,   1891.     Page  637  this  volume. 

5.  See  ordinance  of  March  31,  1903.     Page  G45  this  volume. 

6.  See  ordinance  of  June  30,  1903.     Page  646  this  volume. 

7.  See  ordinance  of  September  14,  1905.     Page  644  this  volume. 

8.  For  duties  of  Chief  Engineer  as  to  fire  escapes,  see  Revised  Code, 
of  1893  as  amended,   page  929. 


630 


OEDINANCES. 


Call  the 
police. 


Enclosure 
of  fire. 


Each  month 
make  a  re- 
port to  the 
Council  of 
all  fires. 
Ordinance. 
May  10,  1894. 
Duties  of 
Chief-En- 
gineer. 
Report. 


Dress. 


Ordinance, 
May  24,  1900. 
Salary. 


He  shall  have  power  to  summons  the  police  for  maintain- 
ing order,  and  protecting  property  during  the  continuance  of 
fires,  and  when  necessary,  in  his  judgment,  shall  cause  ropes 
to  be  placed  across  the  streets  to  prevent  accidents,  and  admit 
none  within  the  limits  enclosed  excepting  equipped  firemen 
and  those  immediately  interested  in  the  property.  He  shall  [at 
the  first  stated  meeting  in  each  month  make  a  report  to  the 
Council  of  all  fires,  the  losses  thereby  and  the  condition  of  the 
companies  in  service  at  said  fire  or  fires,  and]  at  the  last  stated 
meeting  of  the  Council  in  the  month  of  April  each  year,  ren- 
der a  report  containing  an  account  of  all  fires  during  the  year, 
with  the  probable  cause  and  loss,  as  nearly  as  can  be  ascer- 
tained. Also,  the  number  of  active  members,  number  of  feet 
of  hose,  and  condition  of  apparatus  and  hose  of  each  company. 
It  shall  be  his  duty  to  be  present  at  all  fires,  and  wear  at  such 
times  a  suitable  badge  or  dress,  whereby  his  office  may  be  read- 
ily recognized.  He  shall  receive  for  his  services  [six]  hundred 
dollars  per  annum,  paid  [monthly.]^ 


Duties  of 
Assistant 
Engineers. 


Salaries  of 
Assistant 
Engineers. 
Ordinance, 
May  24.  1900. 


Sec.  5.  It  shall  be  the  dutj^  of  the  Assistant  Engineers, 
who  shall  possess  all  the  qualifications  of  the  Chief  Engineer, 
to  be  present  at  all  fires,  and  assist  the  Chief  Engineer  in  the 
discharge  of  the  duties  of  his  office,  and  in  the  absence  of  the 
Chief  Engineer,  the  First  Assistant  shall  assume  the  duties  of 
his  office  and  in  the  absence  of  the  others  the  Second  Assistant 
shall  perform  said  duties,  and  be  obeyed  accordingly.  They 
shall  wear  badges  to  designate  their  office,  and  shall  be  paid 
for  their  services  (three)-  hundred  dollars  each  per  annum, 
payable  [monthly.] 


Use  of 
apparatus. 
Ordinance, 
Sept.  26, 1901, 


Sec.  6.  No  fire  company  shall  attend  any  fire  outside  of 
the  city  limits,  nor  send,  suffer,  or  permit  its  engine  and  appa- 
ratus to  be  present  at  such  fire,  unless  with  the  consent  of  the 
Chief  Engineer,  or  the  Assistant  Engineer  in  charge.  No  tire 
company  shall  permit  its  fire  apparatus  to  be  used  on  a  trial 


1.  Salary  of  Chief  Engineer  now  is  $900.     See  ordinance  Sept.  27,  1909, 
page  644  of  this  volume. 

2.  Salary,  of  Assistant  Engineers  now  is  $400.     See  ordinance  Sept.  27, 
1909,  page  644  of  this  volume. 


ORDINANCES.  631 

of  skill,  or  for  testing  the  power  or  capacity    of    its    engine. 
Should,  any  of  the  fire  companies  refuse  to  obey  the  authority  ^,j|^ience. 
or  lawful  commands  of  the  Chief  Engineer,  or  of  the  Assistant 
Engineer  in  charge,  or  be  engaged  in  riotous  or  disorderly  con-  Misconduct, 
duct,  the  Chief  Engineer  may  suspend  such  company  or  com-  suspension, 
panics  from  active  service  for  a  period  of  not  less  than  one,  nor 
more  than  three  montlis,    and    shall    report  the  same  to  the 
Council.     The  appropriation  for  such  company  or  companies 
shall  be  discontinued  during  the  time  it  or  they  are  out  of  ser- 
vice.    From  the  decision  of  the  Chief  Engineer,  provided  for  Ng.appeai. 
in  this  section,  there  shall  be  no  appeal. 

Sec.  7.  After  the  passage  of  this  ordinance,  each  fire  com-  Badges. 
pany  shall  cause  to  be  worn  by  its  members,  during  the  time 
of  fires,  a  uniform  badge,  made  of  metal,  with  the  name  of  the 
fire  department  and  number  thereon ;  said  badge  shall  be  the 
property  of  the  company.  Any  person  not  a  member  of  the 
department  wearing  such  badge,  or  what  purports  to  be  a 
badge  of  any  fire  company,  shall  forfeit  and  pay  a  fine  of  five 
dollars. 

It  shall  be  the  duty  of  the  Secretary  of  each  company  to  numbers.'^^ 
keep  a  register  of  the  members  of  the  company,  with  the  cor- 
responding numbers  of  their  badges,  and  to  furnish  the  Chief 
of  Police,  Chief  Engineer,  and  two  xVssistant  Engineers  with 
a  copy  of  the  members,  and  the  number  of  their  badges,  and  to 
report  all  changes  in  the  list  of  members,  showing  the  new 
members,  and  those  that  have  been  expelled. 

Sec.  8.     Should  charges  be  preferred  by  any  two  com-^^^[^^^ 
panics  against  the  Chief  Engineer,  or  Assistants,  for  conduct  S^illr^nd 
unbecoming  an  officer,  or  failure  to  perform  their  duties,  he  assistants, 
or  they  shall  be  tried  by  the  Council,  and  if  the  charges  be  g^^  ^g  ^  l. 
sustained,  he,  or  they,  shall  be  dismissed,  and  a  new  elections-b- 
ordered to  fill  the  vacancy  or  vacancies. 

Ordinance. 

Sec.  9.     [If  by  accident  to  any  engine,  hose  carriage  or  Jj^^;^^^^;^^'^'^^;. 
other  fire  apparatus  of  any  fire  company,  the  said  fire  com-  ratus%^esf-' 
pany  shall  be  thrown  out  of  service,  the  President  of  said  com-  p|nv*ton°o^' 
pany  shall  immediately  make  a  report  to  the  Chief  Engineer,  Engi^eei* 


632 


ORDINANCES. 


Reason  for 
loss  of  ser- 
vice,etc. 


Chief  En- 
gineer to  as- 
sign anotlier 
company. 


To  assign 
another 
company 
when  any 
company  is 
called  out  of 
city. 


stating  the  reason  for  the  loss  of  service  of  said  company  and 
the  probable  length  of  time  that  said  loss  of  service  may  con- 
tinue. Upon  the  receipt  of  this  report,  it  shall  be  the  duty  of 
the  Chief  Engineer  immediately  to  notify  any  fire  company 
which  he  may  see  fit,  to  respond  to  all  alarms  which  said  com- 
pany out  of  service  would  ordinarily  respond  to,  for  and  dur- 
ing the  period  of  time  the  said  company  shall  be  out  of  ser- 
vice. Whenever  any  fire  company  shall  be  called  out  of  the 
city,  it  shall  be  the  duty  of  the  Chief  Engineer  to  notify  any 
company  which  he  may  see  fit,  to  respond  to  all  alarms  which 
said  company  out  of  the  city  would  ordinarily  respond  to,  for 
and  during  the  period  of  time  which  said  absence  from  the 
city  may  continue. 


To  first  se- 
cure other 
apparatus 
before  send- 
ing away 
any  appa- 
ratus for  re- 
pairs. 


It  shall  be  the  duty  of  every  fire  company  before  sending 
away  for  repairs  any  of  its  fire  apparatus,  to  first  secure  ap- 
paratus to  take  the  place  of  that  about  to  be  sent  away  for  re- 
pairs. 

Company  If  any  fire  company  shall  remain  out  of  service  more  than 

vi'ce" or  toils  thirty  (30)  days,  or  shall  fail  to  comply  with  any  of  the  pro- 
w°i«apro^  visions  of  tliis  section  for  more  than  thirty  (30)  days,  the  Fire 
Fh4°com-  Committee  of  Council  may,  in  its  discretion,  withhold  and  de- 
withhoid  and  ^luct  from  the  fire  appropriation  to  said  company  the  sum  of 
a^i'^rop/^°-"^  ^^'^  dollars  ($5)  per  day  for  each  and  every  day,  after  said 
tion.  period  of  thirty   (30)   days,  during  which  said  fire  company 

shall  be  out  of  service  or  shall  fail  to  comply  with  any  of  the 

provisions  of  this  section.] 


Hose. 


Jones 
coupling. 


Report. 


Sec.  10.  It  shall  be  the  duty  of  each  company  to  have 
constantly  on  hand  not  less  than  one  thousand  feet  of  good, 
serviceable  hose,  and  to  keep  their  apparatus  in  good  order. 

After  the  passage  of  this  ordinance,  all  companies  pro- 
curing hose  shall  have  attached  the  Jones  coupling,  Pittsburg 
standard,  and  the  fire  plugs  throughout  the  city  shall  have  at- 
tached to  them  a  uniform  standard  of  outlet. 

The  Chief  Engineer  shall  see  that  the  companies  comply 
with  the  provisions  of  this  section,  and  shall  report  upon  the 
same  monthly  to  the  Fire  Committee  of  Council. 


ORDINANCES.  633 

Each  coinpai;;y  shall  also  be  required,  within  two  months  jY^JJjII^"'^ 
after  the  passage    of    this    ordinance,  to  procure  two  relief 
valves  and  stop  nozzles. 

Sec.  11.    After  the  passage  of  this  ordinance,  any  person  Penalty  for 

^  "  7^0.  striking 

or  persons  who  may  cause  a  false  alarm  to  be  struck  upon  the  false  alarm, 
fire  alarm  telegraph  of  this  city,  knowing  such  alarm  to  be 
false,  or  who  shall  himself  knowingly  strike  such  false  alarm, 
shall  be  liable  to  a  penalty  of  not  less  than  ten  dollars  nor 
more  than  twenty  dollars.     Any  person  or  persons  who  shall 
wilfullv  damage  or  place  any  obstruction  upon  the  fire  alarm 
telegraph  wires,  or  who  shall  damage,  mutilate,  or  in  any  way  wires. 
unlawfully  interfere  with  the  wires,  poles,  boxes,  or  any  other 
property  belonging  to  the  said  fire  alarm  telegraph,  or  who 
shall  place  or  cause  to  be  placed  on  any  of  the  fire  alarm  tele-  ^(j^gi-tigi^g 
graph  poles,  advertising  signs  of  any  description,  or  who  shall  si&ns. 
have  in  their  possession  keys  to  any  of  the  fire  alarm  boxes, 
without  permission  of  the  Fire  Committee  of  Council,  with  the 
intention  of  using  the  same,  shall,  upon  conviction  thereof,  be 
fined  in  a  sum  not  less  in  amoiuit  than  twenty  dollars  nor 
more  than  fifty  dollars;  one-half  of  the  fines  created  by  thiSp^^^j^y 
section  shall  be  for. the  use  of  the  city,  and  one-half  for  the 
informer. 

[That  it  shall  not  be  lawful  for  any  person  other  than  the  April  27, 

1893. 

Chief  Engineer  of  the  Fire  Department,  and  the  First  and 
Second  Assistant  Engineers,  and  the  Superintendent  of  the 
Fire  Alarm  Telegraph  and  his  linemen,  to  use  or  cause  to  be 
used  a  master  key,  or  release  kev  used  in  the  fire  alarm  boxes  of  Master  keys 

•' '  *       _  ,  _  to  fire  alarm 

this  city,  or  to  have  in  his  possession  such  key  with  the  inten-  boxes, 
tion  of  using  the  same,  as  aforesaid,  and  any  one  other  than 
the  above  officers  mentioned,  who  shall  use  or  cause  to  be  used 
the  said  master  key,  or  release  key,  in  any  of  the  fire  alarm 
boxes  in  this  city,  or  have  such  key  in  his  possession  with  the 
intention  of  using  the  same,  as  aforesaid,  shall,  upon  convic- 
tion thereof  before  the  Municipal  Court  for  the  City  of  Wil- 
mington, forfeit  and  pay  a  fine  of  twenty-five  dollars,  besides 
cost  of  suit.l 


634 


Repealed  by 
25  D.  L.  315. 

Inspection. 


ORDINANCES. 

It  shall  be  the  duty  of  the  Chief  Engineer  and  Assistant 
Engineers  to  prosecute  all  violations  of  this  section  coming  to 
their  notice. 

Sec.  12.       ********         * 

It  shall  be  the  duty  of  the  Fire  Committee  of  Council  to 
annually,  during  the  month  of  February,  inspect  the  fire  de- 
partment and  make  report  of  the  condition  thereof  to  the  City 
Council  within  thirty  days  after  said  inspection. 

Sec.  13.  The  ordinance  entitled,  "An  Ordinance  Keor- 
ganizing  the  Fire  Department  of  the  City  of  Wilmington," 
passed  at  the  Citj^  Hall,  June  14th,  1877,  and  all  other  ordi- 
nances, and  parts  of  ordinances  inconsi.stent  with  this  ordi- 
nance are  hereby  repealed. 

Passed  at  City  Hall,  October  28,  1881. 


Preamble. 


Company  di- 
rected to  sell 
engine,  etc. 


AN  ORDINANCE  relating  to  the  "Delaware  Stean  Fire  En- 
gine Company,  No.  3,  of  ^Yihn^ngton,  Delaware." 

Whereas,  The  "Delaware  Steam  Fire  Engine  Company, 
Xo.  3,  of  Wilmington,  Delaware,"  hath,  by  a  communication 
presented  to  this  Council  on  March  17th,  1882,  represented 
that  a  hook  and  ladder,  exclusively,  is  much  needed  in  the  fire 
department  of  this  city,  and  by  said  communication  hath  sig- 
nified a  willingness  on  their  part  to  effect  such  a  change ; 

And  Whereas,  The  Council  have  adopted  the  report  of 
the  Committee  on  Fire  Companies,  to  whom  the  said  communi- 
cation was  referred,  recommending  the  said  change ;  now, 
therefore. 

Be  it  ordained  by  the  Council  of  Wilmington : 

Section  1.  That  the  "Delaware  Steam  Fire  Engine  Com- 
pany, Xo.  3,  of  Wilmington,  Delaware,"  be,  and  the  said  com- 
pany are  hereby  authorized  and  directed,  Avithout  delay,  after 
the  passage  of  this  ordinance,  to  sell  and  dispose  of,  on  such 
terms  as  the  said  company  shall  deem  advantageous,  the  steam 
fire  engine,  hose  carriage,  and  all  apparatus  appertaining  to 


ORDINANCES.  635 

the  same,  belonging  to  the  said  company,  and  to  procure  and 
purchase  out.  of  the  proceeds  arising  from  such  sale  or  dis- 
posal, or  any  other  moneys  in  the  treasury  of  said  company,  a 
first-class  truck,  with  all  the  latest  improvements,  including '^'''"°^' ®*°- 
four  Babcock  fire  extinguishers.  The  said  truck  shall  consist 
of  not  less  than  nine  ladders,  one  of  said  ladders  to  be  an  ex- 
tension ladder  not  less  than  eighty  (80)  feet  long.  Provided, 
however,  that  no  extra  pay  or  compensation  shall  be  allowed 
to  said  company  to  carry  into  effect  the  provisions  hereinbe- 
fore mentioned. 

o  9  #  #  *  =;:<  *  *  *  *  25  D.  L.  315. 

Sec.  3.  All  ordinances  or  parts  of  ordinances  inconsist- 
ent with  or  contrary  to  the  provisions  of  this  ordinance  are 
Hereby  repealed,  made  null  and  void. 

Passed  at  City  Hall.  April  28,  1*882. 


AN  ACT  in  relation  to  fires. 

.    Section  1.    That  from  and  after  the  passage  of  this  ordi-  ^^^J^^^j?g  ^^^' 
nance,  it  shall  be  the  duty  of  all  conductors  and  drivers  of  street  cars, 
street  railroad  cars,  upon  the  approach  of  any  fire  apparatus, 
on  its  way  to  a  fire,  to  cause  such  street  railroad  cars  to  come 
to  a  stand-still,  until  such  fire  apparatus  shall  have  passed 
such  street  railroad  car,  whether  such  fire  apparatus  be  ap- 
proaching such  street  car  in  front,  or  rear,  and  all  drivers  of  j^j-i^^.^i-s  of 
any  other  vehicle  upon  the  public  streets  or  highways  of  this  'vehicles, 
city,  shall,  upon  the  approach,  whether  in  front  or  rear  of  any 
fire  apparatus,  on  its  way  to  a  fire,  cause  such  vehicle  to  be 
drawn  to  the  curb  line  of  such  public  street  or  highway,  and 
there  remain  standing  until  such  fire  apparatus  shall  have 
passed,' or  shall,  at  the  approach  of  such  fire  apparatus,  draw 
off  on  the  first  cross  street  or  as  soon  as  may  be  practicable. 

Sec.  2.    Any   person  refusing  or  neglecting  to   comply  ^      ,^   ^ 

v'      L  o  !^  o       ^  f  .    Penalty  for 

with  the  provisions  of  this  ordinance  shall,  on  conviction  there-  violation, 
of,  be  fined  in  the  sum  of  five  dollars  for  the  use  of  the  citv. 


636 


ORDINANCES. 


Duty  of 

locomotive 

engineers. 


Penalty. 


Sec.  3.  It  shall  not  be  lawful  for  engineer  in  charge  of 
any  locomotive  engine,  or  conductor  in  charge  of  any  train  of 
cars  upon  any  railway  tracks,  to  run  the  same  over  any  line  of 
hose  laid  across  the  railroad  tracks  during  an  alarm  of  fire,  nor 
shall  it  be  lawful  for  any  railway  employees  in  any  way  dur^ 
ing  any  fire,  or  fire  alarm,  to  interfere  with  the  fire  depart- 
ment, and  any  person  neglecting  or  refusing  to  obey  the  pro- 
visions of  this  section  shall,  upon  conviction  thereof,  pay  a  fine 
of  two  hundred  dollars. 

Passed  at  City  Hall,  May  10,  1883. 


Description 
of  official 
badge. 


AN  ORDINANCE  to  regulate  fire  badges. 

Section  1.  That  the  following  shall  be  the  ofiicial  badge 
of  the  Fire  Department  of  the  City  of  Wilmington :  a  shield- 
shaped  badge  two  and  one-foui'th  inches  in  length  and  one  and 
three-fourths  inches  in  wddth,  made  of  German  silver,  nickle- 
plated,  with  the  words  "Wilmington  Fire  Department"  and  a 
number  thereon  in  raised  letters  and  figures,  and  no  two 
badges  shall  contain  the  same  number. 


Distribution. 


Lists. 


Changes  in 
lists. 


Penalty  for 
wearing  im- 
proper 
badge. 


Sec.  2.  That  the  Committee  on  Fire  Companies  shall  de- 
liver to  each  of  the  fire  companies  of  this  city  one  hundred  of 
such  official  badges  numbered  consecutively,  to  be  distributed 
among  the  members  of  said  companies ;  and  it  shall  be  the  duty 
of  the  Secretary  of  each  fire  company,  within  thirty  days  after 
the  receipt  of  such  badges,  to  furnish  to  the  said  committee 
and  to  the  Chief  of  the  Fire  Department  a  list  showing  to 
whom  each  of  said  badges  are  given ;  and  it  shall  also  be  the 
duty  of  the  Secretary  of  each  fire  company  to  notify  the  said 
committee  and  Chief  Engineer  without  delay  of  any  and  all 
changes  in  the  possession  of  said  badges. 

Sec.  3.  If  any  person  not  being  a  member  of  one  of  the 
fire  companies  of  this  city  shall  wear  on  his  person  or  have  in 
his  possession  one  of  such  official  badges,  or  if  any  member  of 
either  of  the  fire  companies  shall  wear  one  of  said  badges  other 
than  his  own,  upon  conviction  thereof  before  the  Municipal 
Court  of  said  city  he  shall  forfeit  and  pay  a  fine  of  five  dollars. 


ORDINANCES.  637 

Sec.  4.  Every  member  of  the  several  fire  companies  of  A^g"3^T89.3*' 
this  city  while  in  service  at  a  fire  *  *  *  shall  wear  in  a 
conspicnons  place  on  his  clothes  his  own  official  badge ;  and  it 
shall  be  the  duty  of  the  Chief  Engineer,  or  other  person  hav- 
ing charge  of  the  Fire  Department  at  the  fire,  or  the  police 
officer  in  charge  of  the  police  force  present  at  the  fire,  to  keep 
all  other  persons  [except  members  of  the  Fire  Department 
wearing  the  badge  or  service  equipments  of  the  several  com-  ^^^^  ropes. 

°  ^  -      ^  Amendment, 

panics  of  the  department]  outside  of  the  fire  ropes  placed  at  Aug.  3,  i893. 
any  fire. 

Passed  at  City  Hall,  September  8,  1892. 


AX  ORDINANCE  increasing   the   Fire   Department   of   the 
City  of  Wilmington. 

Whereas,  ' '  The  Liberty  Steam  Fire  Engine  Company,  Preamble. 
No.  9,  of  the  City  of  Wilmington,  Delaware, ' '  hath  by  an  Act 
of  the  General  Assembly  of  the  State  of  Delaware,  passed  at 
Dover,  February  12,  A.  D.  1891,  become  an  incorporated  body, 
and  are  now  fully  equipped  for  duty  and  ready  to  do  service 
as  a  fire  company;  and 

Whereas,  The  said  ''The  Liberty  Steam  Fire  Engine 
Company,  No.  9,  of  the  City  of  Wilmington,  Delaware,"  is 
situated  at  the  corner  of  New  Castle  avenue  and  A  street,  in 
South  Wilmington,  and  in  a  portion  of  the  city  wholly  unpro- 
tected by  any  other  fire  company ;  now  therefore, 

Be  it  ordained  by  "The  Council"  of  Wilmington,  two- 
thirds  of  the  members  thereof  herein  concurring : 

Section  1.  That  "The  Liberty  Steam  Fire  Engine  Com- l-gl^t^pj^.g 
pany,  No.  9,  of  the  City  of  Wilmington,  Delaware,"  be  and  ^"^^"^  ^°-' 
the  same  is  hereby  made  and  constituted  a  member  of  the  Fire 
Department  of  the  City  of  Wilmington  under  and  subject  to 
all  the  laws,  ordinances,  rules  and  regulations  of  said  city  or 
State  now  in  force  or  that  may  hereafter  be  passed  or  estab- 
lished, relating  to  the  Fire  Department  of  said  city. 

Sec.  2.  That  the  said  "The  Liberty  Steam  Fire  Engine 
Company,  No.  9,  of  the  City  of  Wilmington,  Delaware, ' '  shall 


638  ORDINANCES. 

Location.       ])q  located  at  the  corner  of  New  Castle  avenue  and  A  street,  in 
said  City  of  Wilmington. 

Passed  at  City  Hall,  March  26,  1891. 


AN  ORDINANCE  in  relation  to  the  Fire  Department  of  the 
City  of  Wilmington. 

Amendment,  [That  Section  1  of  an  ordinance  entitled,  "An  Ordinance 

Ordinance,  '-  ' 

Oct.  1, 1906.  in  Relation  to  the  Fire  Department  of  the  City  of  Wilming- 
ton," passed  February  9th,  1895,'  as  amended  by  an  ordinance 
passed  December  22d,  1898,  be  and  the  same  is  hereby 
amended  and  inserting  in  lieu  thereof,  and  as  a  substitute 
therefore,  the  following: 

Section  1.  That' from  and  after  the  first  day  of  Septem- 
ber, A.  D.  1906,  the  several  fire  companies  of  the  Fire  Depart- 
ment of  the  City  of  Wilmington  shall  respond  to  alarms  of  fire 
from  the  fire  alarm  boxes  hereinafter  designated  for  each  com- 
pany respectively,  and  in  the  manner  and  order  hereinafter 
designated. 

FriendsWp  Steam  Fire  Engine  Company  shall  respond  to 
alarms  from  the  following  boxes : 

First  Alarm— 3.  5,  6.  7.  8,  9,  12.  18,  27.  28,  32,  34.  35,  43, 
45,  46.  51,  64,  71,  73,  112,  113.  114,  116,  117,  123,  127,  134, 
136,  143,  145,  152.  154,  164,  212,  214,  215,  216,  223,  224,  225, 
226,  234,  241. 

Second  Alarm— 13.  14.  15.  16,  21,  23,  24,  26,  36,  41,  52,  54, 
61,  72,  115,  126,  132.  142,  162,  163,  213,  236. 

Third  Alarm— 17.  25,  31,  42,  53,  62,  63,  124,  125,  135,  153, 
231,  235. 

Reliance  Steam  Fire  Engine  Company  shall  respond  to 
alarms  from  the  following  boxes: 

First  Alarm— 6,  9,  12,  13,  14,  15,  16,  17,  21,  23,  41,  42,  52, 
54,  61,  64,  113,  115,  117,  125,  126,  132,  162,  163,  212.  213,  231, 
235. 


1.     This  is  an  error.     It  should  he  1S93. 


ORDINANCES.  639 

Second  Alarm— 7,  18,  24,  26,  31,  32,  31,  35,  36,  46.  51,  62, 

71,  114,  116,  123,  124,  135,  142,  143,  145,  152,  153,  154,  164, 
214,  215,  223,  224. 

Third  Alarm— 3.  5,  8,  25,  27,  28,  43,  45,  52,  53,  63,  72,  112, 
127,  134.  136,  216,  225,  226,  234,  236,  241. 

Phoenix  Steam  Fire  Engine  Company  shall  respond  to 
alarms  from  the  following  boxes : 

First  Alarm— 3,  6,  7,  9,  12,  13,  16,  18,  21,  27,  28,  32,  45, 
46,  51,  52,  61,  64,  73,  112,  113,  115,  116,  117,  123,  127,  134, 
136,  143,  145,  154,  162.  163,  164,  214,  215,  216,  223,  224,  234, 
241. 

Second  Alarm— 5,  8.  14,  15,  17,  34,  35.  41,  42,  43,  54,  71, 

72,  114,  125,  126,  132,  142,  152,  212,  213,  225,  226,  236. 

Third  Alarm— 23,  24,  25,  26,  31,  36.  53,  62,  63,  124,  135, 
153,  231,  235. 

Water  Witch  Steam  Fire  Engine  Company  shall  respond 
to  alarms  from  the  following  boxes : 

First  Alarm— 3,  5,  7,  8,  27,  28,  31,  34,  43,  45,  51,  53,  63, 
72,  73,  112,  116,  127,  134.  136,  153,  216,  223,  225.  226,-  236,  241. 

Second  Alarm— 6,  12,  13.  18,  25,  32,  46,  113,  114,  123,  135, 
143,  154,  162,  163,  212,  234. 

Third  Alarm— 9,  14,  15,  16,  17,  21,  23,  24,  26,  35,  36,  41, 
42,  52,  54,  61,  62,  64,  71,  115,  117,  124,  125,  126.  132.  142, 
145,  152,  164,  213,  214,  215,  224,  231,  235. 

Fame  Steam  Fire  Engine  Company  shall  respond  to 
alarms  from  the  following  boxes : 

First  Alarm— 5,  7,  9,  12,  13,  14,  17,  23,  24,  25,  26,  31,  32, 
34,  35,  36,  41,  54,  61,  62,  71,  72,  114,  123,  124,  126,  132,  135, 
142,  152,  153,  212. 

Second  Alarm— 3,  6,  8,  15,  21,  28,  42,  43.  53,  63,  115,  116, 
117,  125,  213,  216,  223,  231,  234,  235,  236,  241. 

Third  Alarm— 16,  18,  27,  45,  46,  51,  52.  64,  73.  112,  113, 
127,  134,  136,  143,  145,  154,  162,  163,  164,  214,  215,  224,  225, 
226. 


640  ORDINANCES. 

Washington  Fire  Company  shall  respond  to  alarms  from 
the  following  boxes : 

First  Alarm— 7,  9,  12,  13,  14,  15,  17,  18,  21,  23,  24,  26,  32, 
35,  41,  42,  46,  54,  61,  71,  115,  117,  123,  124,  125,  126,  132,  142, 
143,  162,  163,  212,  213,  231,  235. 

Second  Alarm— 3,  5,  6,  8,  16,  25,  27,  28,  31,  34,  36,  45,  51, 
52,  53,  62,  63,  64,  72, 113, 114,  116,  134,  136,  145,  152,  153,  154, 
164,  214,  215,  223,  224,  234,  236,  241. 

Third  Alarm— 43,  73,  112,  127,  135,  216,  225,  226. 

Weecacoe  Steam  Fire  Engine  Company  shall  respond  to 
alarms  from  the  following  boxes : 

First  Alarm— 5,  8,  23,  24,  25,  26,  28,  31,  32,  34,  35,  36,  41, 
43,  53,  54,  62,  63,  71,  72,  114,  116,  124,  126,  135,  142,  152,  153, 
212,  223,  236. 

Second  Alarm— 7,  9,  12,  14,  17,  45,  61,  73,  112,  123,  127, 
132,  136,  216,  241. 

Third  Alarm— 3,  6,  13,  15,  16,  18,  21,  27,  42,  46,  51,  52,  64, 
113,  115,  117,  125,  134,  143,  145,  154,  162,  163,  164,  213,  214, 

215,  224,  225,  226,  231,  234,  235. 

Liberty  Steam  Fire  Engine  Company  shall  respond  to 
alarms  from  the  following  boxes  : 

First  Alarm— 13,  14,  15,  16,  17,  21,  41,  42,  54,  61,  115, 
125,  126,  132,  142,  162,  163,  213,  231,  235. 

Second  Alarm— 12,  35,  52,  64,  113,  117,  164,  224. 

Third  Alarm— 3,  5,  6,  7,  8,  9,  18,  23,  24,  25,  26,  27,  28,  31, 
32,  34,  36,  43,  45,  46,  51,  53,  62,  63,  71,  72,  73, 112, 114, 116, 123, 
124,  127,  134,  135,  136,  143,  145,  152,  153,  154,  212,  214,  215, 

216,  223,  225,  226,  234,  236,  241. 

Brandj^ine  Fire  Company  shall  respond  to  alarms  from 
the  following  boxes : 

First  Alarm— 3,  6,  7, 16, 18,  46,  51,  52,  64, 113, 136, 143, 145, 
154,  162,  164,  214,  215,  224,  234. 

Second  Alarm— 9,  27,  43,  45,  61,  73,  112,  117,  123,  127, 
134,  163,  212,  223,  225,  226,  241. 


ORDINANCES.  641 

Third  Alarm— 5,  8,  12,  13,  14,  15,  17,  21,  23,  24,  25,  26,  28, 

31,  32,  34,  35,  36,  41,  42,  53,  54,  62,  63,  71,  72,  114,  115,  116, 

124,  125,  126,  132, 135,  142,  152,  153,  213,  216,  231,  235,  236. 

Union  Fire  Company  shall  respond  to  alarms  from  the  fol- 
lowing boxes : 

First  Alarm— 5,  24,  25,  26,  27,  31,  35,  36,  43,  53,  62,  63, 
71,  72,  73.  112,  127,  135,  153,  216,  225,  226,  236,  241. 

Second  Alarm— 23,  34,  41,  54,  114,  124,  152. 

Third  Alarm— 3,  6,  7,  8,  9,  12,  13,  14,  15,  16,  17,  18,  21,  28, 

32,  42,  45,  46,  51,  52,  61,  64,  113,  115,  116,  117,  123,  125,  126, 
132,  134,  136,  142,  143,  145,  154,  162,  163,  164,  212,  213,  214, 
215,  223,  224,  231,  234,  235. 

Independence  Fire  Company  shall  respond  to  alarms 
from  the  following  boxes : 

First  Alarm— 6,  15,  16,  17,  18,  21,  42,  46,  52,  64,  113,  115, 

125,  143,  162,  163,  164,  214,  215,  224,  234. 

Second  Alarm— 3,  117,  132,  154,  213,  231,  235. 

Third  Alarm— 5,  7,  8,  9,  12,  13,  14,  23,  24,  25,  26  27,  28, 

31,  32,  34,  35,  36,  41,  43,  45,  51,  53,  54,  61,  62,  63,  71,  72,  73, 
112,  114,  116,  123,  124,  126,  127,  134,  135,  136,  142,  145,  152, 
153,  212,  216,  223,  225,  226,  236,  241. 

Delaware  Hook  and  Ladder  Company  shall  respond  to  all 
alarms  of  fire  in  the  city. 

The  Phoenix  Hook  and  Ladder  Company  shall  respond  to 
all  alarms  of  fire  in  the  city. 

The  Washington  Chemical  Engine  will  respond  to  the  fol- 
lowing boxes  on  first  alarm:  3,  6,  7,  9,  12,  13,  14,  15,  16,  17, 
18,  21,  23,  24,  32,  35,  41,  42,  46,  51,  52,  54,  61,  64,  113,  115,  117, 
123,  125,  126,  132,  142,  145,  154,  162,  163,  164,  213,  214,  215, 

224,  231,  234,  235. 

The  AVeccacoe  Chemical  Engine  will  respond  to  the  fol- 
lowing boxes  on  first  alarm :    5,  8,  12,  23,  24,  25,  26,  27,  28,  31, 

32,  34,  35,  36,  41,  43,  45,  53,  54,  62,  63,  71,  72,  73,  112,  114,  116, 
123,  124,  126,  127,  134,  135,  136,  142,  152,  153,  212,  216,  223, 

225,  226,  236,  241. 


642 


ORDINANCES. 


Special  calls. 


New  fire 
alarm  boxes. 


Refusal  to 
respond  to 
alarms. 


Penalty. 


Proviso. 


When  additional  boxes  are  placed  the  Chief  Engineer  and 
Assistant  Engineer  shall  have  authority  to  assign  them  to  the 
different  engine  companies.] 

Sec.  2.  The  Chief  Engineer,  upon  special  emergencies, 
when  in  his  judgment  it  is  undesirable  that  a  regular  alarm 
should  be  given,  shall  have  authority  to  call  out  by  special  fire 
alarm  calls,  to  be  by  him  designated,  one  or  more  of  the  said 
companies  for  service  at  any  fire  in  the  city,  and  the  company 
or  companies  so  called  out  shall  respond  to  such  special  calls. 

Sec.  3.  The  Chief  Engineer  shall  have  power  to  desig- 
nate the  company  or  companies  which  shall  respond  to  alarms 
of  fire  from  any  new  fire  alarm  boxes  hereafter  established. 

Sec.  4.^  If  any  fire  company  shall  refuse  or  neglect  to  re- 
spond to  the  fire  alarms  in  the  manner  herein  designated,  the 
Chief  Engineer  shall  report  the  same  to  the  Council,  and  such 
company  shall  forfeit  a  sum  equal  to  one-twelfth  of  the  annual 
appropriation  made  to  such  company,  said  sum  to  be  deducted 
from  said  appropriation  for  the  then  current  year,  if  any  por- 
tion thereof  shall  then  remain  unpaid,  otherwise  from  the  ap- 
propriation for  the  next  succeeding  fiscal  year ;  provided  how- 
ever, that  this  section  shall  not  apply  during  such  time  as  the 
fire  apparatus  of  any  company  is  disabled  temporarily  by  acci- 
dent. 


No  appeal.  From  the  decision  of  the  Chief  Engineer  provided  for  in 

this  section  there  shall  be  no  appeal. 

Passed  at  City  Hall,  February  9,  1893. 


Preamble. 


AN  ORDINANCE  increasing  the  Fire  Departmeni   of  the 

City  of  Wilmington.- 

Whereas,  The  Water  Witch  Steam  Fire  Engine  Com- 
pany, No.  5,  of  Wilmington,  Delaware,  has,  by  an  Act  of  the 


1.  See  25  D.  L.  315  as  to  agreements  with  fire  companies. 

2.  For  powers  of  the  V7ater  Witch  Steam  Fire  Engine  Company,  No. 
5,  see  20  D.  L.  670  and  amendments  thereto,  page  538  this  volume. 


ORDINANCES.  643 

General  Assembly  of  the  State  of  Delaware,  passed  at  Dover, 
April  12,  A.  D,  1893,  become  a  reincorporated  bod}^,  and  is 
now  fully  equipped  for  duty,  and  ready  to  do  service  as  a  fire 
company;  and, 

Whereas,  The  said  The  Water  Witch  Steam  Fire  Engine  Preamble. 
Compam",  No.  5,  of  Wilmington,  Delaware,  is  situated  on  Gil- 
pin avenue  near  Scott  street  in  the  northwestei'n  part  of  the 
city,  which  locality  has  heretofore  been  unprotected  by  reason 
of  being  more  than  one  mile  from  any  engine  house ;  now, 
therefore, 

Be  it  ordained,  by  The  Council,  two-thirds  of  the  mem- 
bers thereof  herein  concurring : 

Section  1.     That  The  Water  Witch  Steam  Fjre  Engine  )^'^ter  witch 

^     _     Company  re- 

Company,  No.  5,  of  Wilmington,  Delaware,  be  and  the  same  is  instated, 
hereby  made  and  constituted  a  member  of  the  Fire  Depart- 
ment of  the  City  of  Wilmington,  under  and  subject  to  all  the 
laws,  ordinances,  rules  and  regulations  of  said  city  or  State 
now  in  force  or  that  may  hereafter  be  passed  or  established, 
relating  to  the  fire  department  of  said  city. 

Sec.  2.  That  the  said  The  Water  Witch  Steam  Fire  En- 
gine Company,  No.  5,  of  Wilmington,  Delaware,  shall  be  lo- 
cated on  Gilpin  avenue  between  Scott  and  Lincoln  streets,  in 
said  City  of  Wilmington. 

Passed  at  City  Hall,  August  10,  1893. 


AN  ORDINANCE  to  provide  and  maintain  horses,  wagons 
and  harness  for  the  use  of  certain  officers  of  the  Fire  De- 
partment. 

Section  1.    That  as  soon  as  practicable  after  the  passage  cq^jj^jji  ^^^^^ 
of  this  ordinance  the  Council  shall  provide  the  Chief  Engineer  provide  a 

^  °  horse,  etc.. 

and  the  First  and  Second  Assistant  Engineers  of  the  Fire  De-  f?r  the  chief 

^  Engmeer  and 

partment   of   the   Citv   of   Wilmington,    each,    with    a   horse,  the  First  and 

^  *  o         '  J  J  Second  As- 

wagon  and  harness  for  the  use  of  said  officers  and  their  respec-  sistant  En- 

_  _  ^         gineers. 

tive  successors  in  office. 


644 


OKDINANCES. 


Sec.  2.    That  said  officers  shall  not  be  allowed  to  use  said 


Not  to  be 
used  except 

ance  o^f'^'"'    ^orses,  wag'ons  and  harness,  except  when  engaged  in  the  per- 
duties.  formance  of  the  duties  of  their  office. 


Supplied  by 
ordinance  of 
Sent.  27, 
1909. 


Salaries  of 
Chief  En- 
gineer and 
First  and 
Second  As- 
sistants. 


Allowance 
for  horse 
and  car- 
riage. 


Act  is  retro- 
active. 


Sec.  3.        ********        * 

Sec.  4.    That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  are  hereby  repealed. 

Approved  August  1,  1906. 


AN  ORDINANCE  to  provide  for  the  salaries  of  certain  offi- 
cers of  the  Fire  Department  of  the  City  pf  Wilmington, 
and  the  amounts  to  he  alloived  them  for  the  care  of  horses 
and  wagons. 

Be  it  Ordained  by  the  INIayor  and  Council  of  Wilmington : 

Section  1.  That  after  the  first  day  of  September,  A.  D. 
1909,  the  Chief  Engineer  of  the  Fire  Department  shall  receive 
an  annual  salary  of  $900,  payable  in  monthly  payments  of 
$75.00 ;  the  First  Assistant  Engineer  and  the  Second  Assistant 
Engineer  of  the  said  Department  shall  each  receive  an  annual 
salary  of  $400.00,  payable  in  monthly  payments  of  $33.33. 

Sec.  2.  The  Chief  Engineer  of  the  said  Fire  Department 
and  the  First  and  Second  Assistant  Engineer  of  the  Fire  De- 
partment shall  each  receive  $25.00  per  month  as  an  allowance 
for  the  boarding  and  shoeing  of  a  horse  and  the  housing  of  a 
carriage. 

Sec.  3.  This  act  is  expressly  made  retroactive  to  take  ef- 
fect from  the  first  day  of  September,  A.  D.  1909,  and  all  ordi- 
nances or  parts  of  ordinances  providing  for  compensation  to 
any  of  the  officers  mentioned  in  Section  1,  of  this  ordinance, 
are  hereby  expressly  repealed. 

Approved  September  27,  1909. 


Preamble. 


AN  ORDINANCE  increasing   the  Fire   Department  of  the 
City  of  Wilmington. 

Whereas,  The  Independence  Steam  Fire  Engine  Com- 
pany, No.  12,  of  the  City  of  Wilmington,  Delaware,  hath,  un- 


ORDINANCES.  645 

der  the  General  Corporation  Laws  of  the  State  of  Delaware, 
passed  at  Dover,  March  10th,  A.  D.  1899,  and  amended  March 
7th,  A.  D.  1901,  become  an  incorporated  body,  and  are  now 
equipped  for  duty  and  ready  to  do  service  as  a  fire  company ; 
and 

Whereas,  The  said  Independence  Steam  Fire  Engine 
Compam',  No.  12,  of  the  City  of  Wilmington,  Delaware,  is 
situated  at  the  corner  of  Twelfth  and  ClajTnont  streets,  in  a 
portion  of  the  city  wholly  unprotected  by  any  other  fire  com- 
pany, and  has  been  an  incorporated  body  since  November  21st, 
A.  D.  1901,  and  doing  active  service  in  this  city;  now  there- 
fore, 

Be  it  ordained  by  the  Council  of  Wilmington  (two-thirds 
of  all  the  members  thereof  herein  concurring)  : 

Section  1.     That  from  and  after  September  first,  A.  D.  indepen; 

<36nc6  Fir© 

1906,  The  Independence  Steam  Fire  Engine  Company,  No.  12,  co.  made  a 
of  the  City  of  Wilmington,  Delaware,  shall  be  a  member  of  the  the  Fire  De- 
Fire  Department  of  the  City  of  Wilmington,  under  and  sub- 
ject to  all  the  laws,  ordinances,  rules  and  regulations  of  said 
city  or  State  then  in  force  or  that  may  thereafter  be  passed 
or  established,  relating  to  the  Fire  Department  of  said  city. 

Sec.  2.     That  the  said  Independence  Steam  Fire  Engine 
Company,  No.  12,  of  the  City  of  Wilmington,  Delaware,  shall  Location. 
be  located  at  the  corner  of  Twelfth  and  Claymont  streets  in 
said  City  of  Wilmington. 

Approved  September  14,  1905. 


AN  ORDINANCE  providing  for  an.  appropriation^  for  the 
Brandy  wine  Fire  Company,  No.  10,  of  Wilmington,  Dela- 
ware. 

Whereas,  Brandywine  Fire  Company,  No.  10,  of  Wil- 
mington, Delaware,  incorporated  under  the  laws  of  the  State 
of  Delaware,  has  been  duly  recognized  by  the  Council  of  Wil- 
mington as  a  part  of  the  Fire  Department  of  the  said  city, 

1.     See  25  D.   L.  p.   315  as   to  agreements   "The  Council"   makes   with 
fire  companies,  p.  553  of  this  volume. 


22  D.  L.  830. 


646  ORDINANCES. 

and  has  established  itself  in  said  city  with  appropriate  appa- 
ratus for  extinguishing  fires ;  and, 

Whereas,  At  the  last  session  of  the  Legislature  of  the 
State  of  Delaware,  an  Act  entitled,  "An  Act  to  Authorize  the 
Mayor  and  Council  of  Wilmington,  Delaware,  to  appropriate 
money  for  Brandywine  Fire  Company,  No.  10,  of  Wilming- 
ton, Delaw^are, ' '  was  approved  on  the  second  day  of  February, 
A.  D.  1903,.  authorizing  an  appropriation  by  the  Mayor  and 
Council  of  Wilmington  of  Twenty-five  Hundred  Dollars  per 
annum  to  the  said  Brandywine  Fire  Company,  No.  10,  now, 
therefore,  in  pursuance  and  by  virtue  of  the  power  and  au- 
thority of  the  Act  of  the  General  Assembly  in  that  behalf. 

Be  it  ordained  by  the  Council  of  Wilmington : 

Section  1.     That  immediatelv  after  the  passage  of  this 

See  pro  VIS-  "  •<>  i 

ions  of  25  D.  ordinance,  the  sum    of    Twelve    Hundred  and  Fifty  Dollars 

L.  315.  '  "^ 

($1250.00)  shall  be  paid  by  the  Mayor  and  Council  of  Wil- 
mington to  Brandywine  Fire  Company,  No.  10,  of  Wilming- 
ton, Delaware,  and  that  hereafter  upon  the  first  days  of  Sep- 
tember and  March  of  each  and  every  year,  the  said  Brandy- 
wine Fire  Company,  No.  10,  shall  be  paid  a  semi-annual  sum 
of  Twelve  Hundred  and  Fifty  Dollars  ($1250.00),  said  com- 
pany to  be  paid  in  the  same  manner  and  subject  to  the  same 
conditions  and  requirements  of  the  laws  and  ordinances  of  the 
City  of  Wihnington  as  the  other  fire  companies  of  said  city. 

Approved  March  31,  1903. 


AN  ORDINANCE  'increasing    the    Fire    Department  of  the 
City  of  Wilmington. 

Whereas,  The  Union  Fire  Company,  No.  11,  of  the  City 
of  Wilmington,  Delaware,  has  become  an  incorporated  body 
under  the  laws  of  the  State  of  Delaware,  and  is  now  fully 
equipped  for  duty  and  ready  to  do  service  as  a  fire  company ; 
and, 

Whereas,  The  said  Union  Fire  Company,  No.  11,  is  lo- 
cated in  the  Twelfth  Ward  of  the  City  of  Wilmington  and  iu 
a  part  of  said  city  not  adequately  protected  by  any  other  fire 


ORDINANCES.  647 

company,  and  in  which  part  of  said  city  there  is  urgent  need 
of  a  new  fire  company, 

Now,  Therefore,  Be  it  ordained  by  the  Council  of  Wil- 
mington : 

Section  1.     That  the  Union  Fire  Company,  No.  11,  of  union  Fire 
the  City  of  Wilmington,  Delaware,  be  and  the  same  is  hereby  member  of 

''  .  the  Fire  De- 

made  and  constituted  a  member  of  the  Fire  Department  of  the  partment. 

City. of  Wilmington,  under  and  subject  to  all  the  laws,  ordi- 
nances, rules  and  regulations  of  said  city  or  State,  now  in  force 
or  that  may  hereafter  be  passed  or  established,  relating  to  said 
Fire  Department  of  said  city. 

Sec.  2.  That  said  Union  Fire  Company,  No.  11,  shall  be 
located  in  that  part  of  the  City  of  Wilmington  known  as  the 
Twelfth  Ward. 

OiiiO.    O.  Supplied  by 

25  D.  L.  315. 

Sec.  4.  All  ordinances  or  parts  of  ordinances  inconsist- 
ent with  or  contrary  to  the  provisions  of  this  ordinance  are 
hereby  repealed,  made  null  and  void. 

Approved  June  30,  1903. 


648  ORDINANCES. 


CHAPTER  V 

POLICE  DEPARTMENT. 

[Note.— The  ordinances  relating  to  the  Police  Depart- 
ment are  superseded  by  the  Act  of  the  General  Assembly,  en- 
titled "An  Act  to  provide  for  a  ]\Innicipal  Police  Commission 
for  the  City  of  Wilmington, ' '  passed  April  18th,  1893,  and  by 
the  rules  and  regulations  adopted  by  the  Board  of  Police  Com- 
missioners, pursuant  to  the  provisions  of  said  Act.] 


ORDINANCES. 


649 


CHAPTER  VI 

ORDINANCES  RELATING  TO  THE  CITY  DEBT. 


Page 

1.  Loan    for    New    Reservoir,  22. 
$125,000     650 

2.  Loan    to    Purchase    Water 

Rights,   $60,000    650        23. 

3.  Loan    for   Water   Commis- 
sioners,  $60,000   651        24. 

4.  Loan    for    Parl<    Purposes, 
$150,000 653        25. 

5.  Loan    for    Water   Commis- 
sioners          655 

6.  Loan  for  Improving  Streets,  26. 
$100,000 657 

7.  Loan  for  Improving  Streets, 
$200,000 659     ,27. 

8.  Loan  for  Improving  Streets, 
$200,000 662     I   28. 

9.  Loan      to      Redeem      Out- 
standing   Bonds,  $24,000...      664     i   29. 

10.  Sinking   Fund   Bonds,  $30,-  | 
000    666        30. 

11.  Sinking  Fund   Bonds,  $20,- 

000    668 

12.  Loan  for  Improving  Streets,  31. 
$125,000  . 669     1 

13.  Loan     to     Purchase     Park 

Lands,  $50,000   671        32. 

14.  Loan  for  Improving  Streets, 
$125,000   673        33. 

15.  Loan      to      Redeem      Out- 
standing   Bonds,  $176,000..      676     j   34. 

16.  Loan      to      Improve      Park 

Lands,  $25,000   678        35. 

17.  Loan         for        Silverbrook  j 
Sewer,    &c.,    $75,000 680 

18.  Loan         for        Silverbrook  j   36. 
Sewer,    &c.,    $50,000 682 

19.  Loan  for  IVlayor  and  Coun-  37. 
cil    and    to    Pay    IVIortgage 

on     Public    School     No.    9, 

$50,000 684     I    38. 

20.  Loan    for    Park    Purposes, 
$15,000 686     j 

21.  Loan    to    Improve    Streets  j   39. 
and    Extend    Sewers,   $25,-  j 
000 688 


Page 
Loan    to    Improve    Streets 
and    Extend    Sewers,   $25,- 

000    690 

Loan    for    Improvement   of 

Parks,  $15,000 692 

Loan  to  Purchase  and  Im- 
prove  Parks,   $30,000    694 

Loan  to  Improve  Streets 
and    Extend    Sewers,   $50,- 

000    696 

Loan  for  Improvement  of 
Streets    and    Extension    of 

Sewers,   $50,000   699 

Loan      to      Improve      Park 

Lands,    $10,000 701 

Loan  for  New  Water  Sys- 
tem,   $200,000    703 

Loan  to  Purchase  and  Im- 
prove  Park    Lands,  $45,000     705 
Loan     for     Completion     of 
New  Water  System,  $800,- 

000    707 

Loan  to  Improve  Streets, 
Build    Sewers,    &c.,    $250,- 

000    710 

Loan     to     Improve     Public 

Parks,  $10,000   713 

Loan     to     Improve     Public 

Parks,   $5,000    714 

'  Loan   for   Widening   Tenth 

Street,  $30,000   716 

Loan  to  Purchase  Park 
Lands      and      Erect      Bath 

Houses,    $20,000    718 

Loan     to     Complete     New 

Water   System,   $25,000 719 

Loan  to  Improve  Streets, 
Build    Sewers,    &c.,    $75,- 

000    722 

Loan  to  Improve  Streets, 
Build     Sewers,     &c.,     $25,- 

000    726 

Loan  to  Improve  Streets, 
Build  Sewers,  &c.,  $250,- 
000    729 


650  ORDINANCES. 

Page  Page 


40.  Loan  to  Purchase  and  Im- 
prove Park  Lands,  $25,- 
000    732 


41.  Ratifying  a  Sale  of   Bonds 
for  $100,000  to   Complete   a 

New  Water  System 733 

42.  Loan      for       Price's       Run 
Sewer,    $90,000     739 


AN  ORDINANCE  authorizing  a  loan  of  one  hundred  and 
hv'enty-five  thousand  dollars  for  the  construction  of  a  new 
water  reservoir,  improving  the  water  works  of  the  city, 
and  for  other  purposes. 


Sec.  3.  The  principal  of  said  bonds  shall  be  payable  as 
follows,  to  wit ;  thirty-five  hundred  dollars  on  the  first  day  of 
September,  A.  D.  eighteen  hundred  and  seventy-six,  and  a  like 
sum  of  thirty-five  hundred  dollars  on  the  first  day  of  Septem- 
ber in  each  and  every  year  thereafter,  until  and  including  the 
first  day  of  September,  A.  D.  nineteen  hundred  and  ten,  and 
Final  pay-  the  remaining  sum  of  twenty-five  hundred  dollars  on  the  first 
i"i9ii.*^^  '  day  of  September,  A.  D.  nineteen  hundred  and  eleven,  and 
said  bonds  shall  be  issued  in  series  according  to  the  time  when 
they  shall  severally  be  payable  as  aforesaid. 

Sinking  fund.  g^^^  4     Pq^.  ^jjg  payment  and  redemption  of  the  principal 

of  the  debt  which  may  be  contracted  under  this  ordinance, 
there  shall  be  appropriated  and  applied  in  the  year  eighteen 
hundred  and  seventy-six,  and  in  each  year  thereafter,  until 
and  including  the  year  nineteen  hundred  and  ten,  the  sum  of 
thirty-five  hundred  dollars,  and  in  the  year  nineteen  hundred 
and  eleven,  the  sum  of  twenty-five  hundred  dollars,  according 
to  the  requirements  of  the  aforesaid  Act. 

Passed  at  City  Hall,  May  7,  1875. 


AN  ORDINANCE  authorizing  a  loan  of  sixty  thousand  dol- 
lars for  the  purchase  of  water  rights  in  the  South  Long 
Race. 


Perm  of  Sec.  2.    The  bonds  which  shall  be  issued  under  the  provi- 

bonds.  .       p  , 

sions  of  this  ordinance  shall  be  in  form  heretofore  used,  and 


ORDINANCES.  651 

shall  be  of  the  denomination  of  fifty  dollars,  and  multiples  of 

fifty  dollars,  and  shall  be  divided  into  numbered  series,  and 

made  payable,  with  any  interest  which  may  be  due  thereon,  in 

manner  following,  to  wit :     No.  118,  for  seven  thousand  four  payabie^oct 

hundred  dollars,  to  fall  due  and  become  payable  October  1st,  U^^^q' 

A.  D.  1913 ;  No.  119,  for  thirty-two  thousand  seven  hundred 

dollai's,  to  fall  due  and  become  payable  April  1st,  A.  D.  1914 ;  ^i^ru  i,  i9i4. 

No.  120,  for  nineteen  thousand  nine  hundred  dollars,  to  fall 

due  and  become  payable  October  1st,  A.  D.  1914.    The  rate  of  rig^goo  ^^'^^' 

interest  on  the  bonds  or  certificates  of  indebtedness  issued  uu-  interest. 

der  this  ordinance  shall  not  exceed  five  (5)  per  cent. 

Sec.  3.    The  Council  of  Wilmington  shall,  in  making  its  ^PP^j°P^^^y. 
annual  appropriations  for  anj'-  of  the  fiscal  years,  in  which  any  {^'^^'^g°^ 
of  the  above  series  of  bonds  shall  fall  due,  include  in  said  ap- 
propriations a  sum  of  money  sufficient  for  the  redemption  of 
the  same,  and  any  interest  that  may  be  due. 

Passed  at  City  Hall,  April  26,  1883. 


AX  ORDINANCE  providing  for  a  Joan  of  sixty  thousand  dol- 
lars for  the  benefit  of  the  Board  of  Water  Commissioners. 

Whereas,  By  Section  12  of  the  Act  entitled  "An  Act  to 
establish  a  Board  of  Water  Commissioners  for  the  City  of  Wil- 
mington, and  for  other  purposes,"  passed  at  Dover,  April 
18th,  1883,  it  is  provided  that,  for  the  purpose  of  defrajdng 
all  the  costs  of  acquiring  real  estate  for  reservoirs,  laying  pipe, 
purchasing  and  establishing  engines,  constructing  all  the 
works  contemplated  by  this  Act,  and  purchasing  water  rights, 
the  City  of  Wilmington,  upon  the  requisition  of  the  said 
Board  of  Water  Commissioners,  shall  issue  bonds  each  for  the 
sum  of  one  hundred  dollars,  or  multiples  of  one  hundred,  pay- 
able in  not  more  than  thirty-five  years,  to  be  denominated 
"Wilmington  City  Bonds,"  in  an  amount  not  exceeding  one 
hundred  and  twenty  thousand  dollars,  bearing  interest  not  ex- 
ceeding five  and  one-half  per  cent,  per  annum,  and 

Whereas,  The  Board  of  Water  Commissioners,  on  the 
25th  day  of  November,  A.  D.  1885,  issued  their  requisition 


652 


ORDINANCES. 


directed  to  this  Council,  setting  forth  that  they  had  contracted 
for  a  new  pump  of  ten  million  gallons  capacity  per  day,  to  be 
placed  at  the  Brandyv/ine  Station,  and  requesting  the  Council 
to  pass  an  ordinance  providing  for  the  issuing  to  them  of  the 
bonds  of  the  City  of  Wilmington,  of  the  amount  of  sixty  thou- 
sand dollars  as  the  necessities  of  the  board  may  require,  in  ac- 
cordance with  Section  12  of  the  Act  of  the  G-eneral  Assembly 
aforesaid,  which  said  requisition  was  presented  and  filed  in 
Council  on  the  27th  day  of  November,  A.  D.  1885 ;  now,  there- 
fore, 

Be  it  ordained,  by  the  Council  of  Wilmington. 

amount°of  SECTION  1.     That  immediately  after  the  passage  of  this 

L^sued  *°  ^^  ordinance  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington  bonds  to  the  amount  of  sixty  thousand 
dollars,  such  bonds  shall  be  issued  each  of  one  hundred  dol- 
lars, or  multiples  of  one  hundred  dollars,  and  shall  fall  due 
and  be'made  payable  in  the  manner  following,  to  wit:  Thir- 
teen thousand  seven  hundred  dollars  on  the  first  day  of  Octo- 
ber, A.  D.  1914;  thirtj'-four  thousand  seven  hundred  dollars 
on  the  first  day  of  April,  A.  D.  1915 ;  and  eleven  thousand  six 
hundred  dollars  on  the  first  day  of  October,  A.  D.  1915.  Such 
bonds  shall  be  denominated  "Wilmington  City  Bonds"  and 
shall  bear  interest  at  the  rate  of  three  and  a  half  per  cent,  per 
annum,  payable  semi-annually  on  the  first  days  of  April  and 
October  in  each  and  every  year  after  date  of  issue.  The  bonds 
issued  under  the  provisions  of  this  ordinance  shall  be  signed 
How  signed,  by  the  Mayor  and  countersigned  by  the  Treasurer  and  City 
Auditor  in  the  same  manner  as  other  city  bonds,  and  the  rec- 
ord thereof  shall  be  made  and  kept  by  the  City  Auditor  and 
Treasurer  respectively. 


When 
payable. 


Interest. 


Water  Com- 
missioners 
to  sell  bonds. 


Deposit  of 
proceeds. 


Sec.  2.  The  Board  of  Water  Commissioners  may  sell  and 
dispose  of  the  bonds  hereby  authorized  to  be  issued  on  the  most 
advantageous  terms  possible  but  no  commission  or  other  com- 
pensation shall  be  charged  or  paid  to  any  member  of  said 
Board  for  effecting  the  sale,  or  negotiating  the  sale  of  said 
bonds.  The  proceeds  of  the  sale  of  said  bonds  shall  be  received 
by  said  Board  of  Water  Commissioners  and  placed  on  deposit 
in  such  bank  at  Wilmington  as  shall  from  time  to  time  be  the 


ORDINANCES.  653 

depository  of  the  funds  of  the  City,  to  the  credit  of  the  said 
Board  and  all  money's   to    be    disbursed   therefrom  shall  be 
drawn  upon  warrants  signed  by  the  President  of  said  Board  warrants. 
and  countersigned  by  the  City  Treasurer  and  City  Auditor. 
Passed  at  City  Hall,  May  6,  1886. 


AN  ORDINANCE  to  provide  for  the  horrowing  of  one  /inn- Loan  for 
dred  and  fifty  tlwusand  dollars  for  park  purposes.  poses. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the  Preamble. 
State  of  Delaware,  passed  at  Dover,  March  13th,  A.  D.  1883, 
it  was  among  other  things  provided  that  William  P.  Bancroft, 
George  H.  Bates,  Thomas  F.  Bayard,  Edward  Betts,  Francis 
N.  Buck,  George  W.  Bush,  William  M.  Canby,  Joseph  L.  Car- 
penter, Jr.,  Henry  A.  DuPont,  J.  Taylor  Gause,  and  their  suc- 
cessors who  should  be  appointed  as  in  said  Act  provided,  to- 
gether with  the  Mayor  of  the  City  of  Wilmington,  the  Presi- 
dent and  the  Chairman  of  the  Finance  Committee  of  the  City 
Council,  and  the  Chief  Engineer  of  the  Surveying  Depart- 
ment of  said  city  for  the  time  being,  were  thereby  created  and 
constituted  a  Board  of  Park  Commissioners,  and  provision  was 
further  made  in  said  Act  for  the  organization  of  said  Board, 
on  or  before  the  first  day  of  January,  A.  D.  1884,  and  the  clas- 
sification of  the  first  ten  commissioners  above  named,  which 
said  organization  and  classification  of  members  was  perfected, 
as  by  said  Act  was  required  to  be  done.    And, 

Whereas,  By  a  further  Act  of  the  General  Assembly  of  P''^^^^^^- 
the  State  of  Delaware,  passed  at  Dover,  April  10th,  A.  D. 
1885,  as  a  supplement  to  said  last  mentioned  Act,  it  was  pro- 
vided that  in  addition  to  the  powers  conferred  by  the  Act  to 
which  this  is  a  supplement,  The  Mayor  and  Council  of  Wil- 
mi],  gton  upon  the  recommendation  of  the  two-thirds  of  the 
Board  of  Park  Commissioners  are  hereby  authorized  to  bor- 
row upon  bonds,  such  sum  or  sums,  and  upon  such  terms  as 
the  City  Council  may  from  time  to  time  deem  expedient,  not  to 
exceed  in  the  aggregate  the  sum  of  one  hundred  and  fifty 
thousand  dollars,  ($150,000)  to  be  used  in  the  purchase  or  ac- 
quisition, in  the  manner  authorized  by  the  Act  which  this  is  a 


654 


ORDINANCES. 


Preamble. 


supplement  of,  land  for  a  park  or  parks  for  the  benefit  of  the 
citizens  of  Wilmington  and  its  vicinity.    And, 

"Whereas,  At  a  meeting  of  the  Board  of  Park  Commis- 
sioners held  December  22nd,  1885,  the  following  resolution 
was  adopted  by  the  unanimous  vote  of  all  the  members  pres- 
ent, being  more  than  two-thirds  of  the  Board,  viz :  Calvin  B. 
Ehoads.  Mayor  of  the  City  of  Wilmington;  William  P.  Ban- 
croft, William  M.  Canby,  Jos.  L.  Carpenter,  Jr.,  Francis  N. 
Buck,  George  W.  Bush,  William  Canby,  J.  Taylor  Cause,  John 
C.  Farra,  President  of  the  City  Council;  Dennis  J.  Menton, 
Chairman  of  the  Finance  Committee,  and  Frederick  H.  Kob- 
inson.  Chief  Engineer  of  the  Surveying  Department,  which 
said  resolution  was  as  follows : 


Preamble. 


Bonds  to  the 
amount  of 
$150,000  to 
be  issued. 


WTien 
payable. 


Besolved,  That  the  Board  of  Park  Commissioners  do  here- 
by recommend  to  the  Mayor  and  Council  of  Wilmington,  to 
borrow  upon  the  bonds  of  the  city,  one  hundred  and  fifty  thou- 
sand dollars  ($150,000),  or  so  much  thereof  as  may  be  neces- 
sary; the  proceeds  to  be  used  for  the  purchase  of  lands  for  a 
public  park  or  parks,  as  heretofore  recommended  by  this 
Board,  to  the  Mayor  and  Council,  in  accordance  with  the  sup- 
plement to  an  Act  entitled  "An  Act  to  provide  Public  Parks 
for  the  use  of  the  Citizens  of  Wilmington  and  its  vicinity," 
passed  April  10th,  1885,  a  copy  of  which  said  resolution  prop- 
erly attested  by  the  Secretary  of  said  Board,  has  been  pre- 
sented to  the  Council  and  filed  among  the  records  thereof. 
Now 

Therefore,  In  pursuance  and  by  virtue  of  the  powers  con- 
ferred by  the  said  Acts  of  the  General  Assembly  in  that  be- 
half. 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.  That  from  and  immediately  after  the  passage 
of  this  ordinance,  there  shall  be  issued  in  the  name  of  The 
Mayor  and  Council  of  Wilmington,  bonds  to  the  amount  of 
one  hundred  and  fifty  thousand  dollars  ($150,000).  Such 
bonds  shall  be  issued  each  of  one  hundred  dollars  ($100), 
or  multiples  of  one  hundred  dollars,  and  shall  fall  due  and  be 
made  payable  in  manner  following,  to  wit :   Twenty-four  thou- 


ORDINANCES.  655 

sand  two  hundred  dollars  ($24,200)  thereof  on  the  first  day  of 
October,  A.  D.  1915 ;  thirty-six  thousand  eight  hundred  dol- 
lars ($36,800)  on  the  first  day  of  April,  A.  D.  1916;  thirty- 
seven  thousand  nine  hundred  dollar  ($37,900)  on  the  first  day 
of  October,  A.  D.  1916;  thirty-nine  thousand  dollars  ($39,000) 
on  the  first  day  of  April,  A.  D.  1917,  and  twelve  thousand  one 
hundred  dollars  ($12,100)  on  the  first  day  of  October,  A.  D. 
1917.  Such  bonds  shall  be  denominated  "Wilmington  City 
Bonds, ' '  and  shall  bear  interest  at  the  rate  of  three  and  a  half  ^"**^^'®^*- 
per  cent,  per  annum,  paj'able  semi-annually,  on  the  first  days 
of  April  and  October  in  each  and  every  year  after  date  of  is- 
sue. The  bonds  issued  under  the  provisions  of  this  ordinance 
shall  be  signed  by  the  Mayor  and  countersigned  by  the  Treas-  how  signed. 
urer  and  City  Auditor,  in  the  same  manner  as  other  city 
bonds,  and  the  record  thereof  kept  by  the  City  Auditor  apd 
City  Treasurer,  respectively. 

Sec.  2.    The  Finance  Committee  of  City  Council  are  here-  committee 
by  authorized  and  directed  immediately  after  the  issuance  of  ^o^ls. 
the  bonds  provided  for  hy  this  ordinance,  to  sell  and  dispose 
of  the  same,  or  any  part  hereof  to  th-e  most  advantage  to  the 
city,  and  the  proceeds  of  such  sale  shall  be  received  by  the  Proceeds. 
City  Treasurer,  and  be  by  him  made  the  subject  of  a  special  depos^ited^. 
deposit  in  such  bank  at  Wilmington  as  shall  be  the  depository 
of  the  funds  of  the  city,  and  shall  only  be  drawn  therefrom 
upon  proper  warrants  of  the  Coimcil,  for  the  purchase  or  ac-  f^^p^frchase 
quisition  of  lands  for  a  public  park  or  parlvs  in  the  manner  park"irur°' 
authorized  by  the  Act  of  General  Assembly  in  that  regard,  ^^°^^^- 
passed  at  Dover,  March  13th,  1883,  and  the  supplement  there- 
to passed  at  Dover,  April  lOtli,  1885,  and  for  no  other  pur- 
pose. 

Passed  at  Citv  Hall,  June  4.  1886. 


AN  ORDINANCE  providing  for  a  loan  of  forty -five  thou- 
sand dollars  for  the  henefit  of  ihe  Board  of  Water  Com- 
missioners. 

Whereas,  By  Section  12  of  the  Act  entitled  "An  Act  to  Preamble, 
establish  a  Board  of  Water  Commissioners. for  the  City  of  Wil- 


656 


ORDINANCES. 


Preamble. 


mington  and  for  other  purposes,"  passed  at  Dover,  April 
18th,  1883,  it  is  provided  that  for  the  purpose  of  defraying  all 
the  costs  of  acquiring  real  estate  for  reservoirs,  laying  pipes, 
purchasing  and  establishing  engines,  constructing  all  the 
works  contemplated  by  this  Act,  and  purchasing  water  rights, 
the  City  of  Wilmington  upon  the  requisition  of  the  said  Board 
of  Water  Commissioners,  shall  issue  bonds,  each  for  the  sum 
of  one  hundred  dollars  or  multiples  of  one  hundred,  payable 
in  not  more  than  thirty-five  years,  to  be  denominated  "Wil- 
mington City  Bonds,"  in  an  amount  not  exceeding  one  hun- 
dred and  twenty  thousand  dollars  bearing  interest  not  ex- 
ceeding five  and  a  half  per  cent,  per  annum.    And, 

Whereas,  The  Board  of  Water  Commissioners  on  the 
second  day  of  October,  A.  D.  1888,  issued  their  requisition,  di- 
rected to  this  Council,  setting  forth  that  they  had  contracted 
for  the  improvements  of  the  water  power,  and  extending  the 
mains  therefor,  and  requesting  The  Council  to  pass  an  ordi- 
nance, providing  for  the  issuing  to  them  of  the  bonds  of  the 
City  of  Wilmington  of  the  amount  of  forty-five  thousand  dol- 
lars, as  the  necessities  of  the  bond  may  require,  in  accordance 
with  Section  12  of  the  Act  of  the  General  Assembly  aforesaid, 
which  said  requisition  was  presented  and  filed  in  The  Council 
on  the  fourth  day  of  October,  A.  D.  1888.    Now,  therefore, 


Bonds  to  be 

issued  for 
$45,000. 


"When 
payable. 


Interest. 


Be  it  ordained,  by  The  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance,  there  shall  be  issued  in  the  nam.e  of  The  Mayor  and 
Council  of  Wilmington  bonds  to  the  amount  of  forty-five  thou- 
sand dollars,  such  bonds  shall  be  issued  each  of  one  hundred 
dollars  or  multiples  of  one  hundred  dollars,  and  shall  fall  due 
and  be  made  payable  in  manner  following,  to  wit :  Nine  thou- 
sand dollars  on  the  first  day  of  October,  A.  D.  1919 ;  nine  thou- 
sand dollars  on  the  first  day  of  October,  A.  D.  1920 ;  nine  thou- 
sand dollars  on  the  first  day  of  October,  A.  D.  1921 ;  nine  "thou- 
sand dollars  on  the  first  dSy  of  October,  A.  D.  1922 ;  and  nine 
thousand  dollars  on  the  first  day  of  October,  A.  D.  1923.  Such 
bonds  shall  be  denominated  "Wilmington  City  Bonds,"  and 
shall  bear  interest  at  the  rate  of  four  (4)  per  cent,  per  annum, 


ORDINANCES.  657 

payable  semi-annually  on  the  first  days  of  April  and  October 
in  each  and  every  year  after  date  of  issue.  The  bonds  issued 
under  the  provisions  of  this  ordinance  shall  be  signed  by  the  ^^^'^  signed. 
Mayor  and  countersigned  by  the  Treasurer  and  City  Auditor 
in  the  same  manner  as  other  city  bonds,  and  the  record  thereof  Record, 
shall  be  made  and  kept  by  the  Citj^  Auditoj  and  Treasurer  re- 
spectively. 

Sec.  2.    The  Board  of  "Water  Commissioners  may  sell  and  water  com- 
missioners 
dispose  of  the  bonds  hereby  authorized  to  be  issued  on  the  most  to  dispose  of 

,  .    ,  .     .  bonds. 

advantageous  terms  possible,  but  no  commission  or  other  com- 
pensation shall  be  charged  or  paid  to  any  member  of  said 
board  for  effecting  the  sale,  or  negotiating  the  sale  of  said 
bonds. 

^  The  proceeds  of  the  sale  of  said  bonds  shall  be  received  Proceeds  to 
by  said  Board  of  Water  Commissioners  and  placed  on  deposit  how.^^ 
in  such  bank  at  Wilmington  as  shall  from  time  to  time  be  the 
depository  of  the  funds  of  the  city,  to  the  credit  of  the  said 
Board,  and  all  monej^s  to  be  disbursed  therefrom  shall  be 
drawn  upon  warrants  signed  by  the  President  of  said  Board, 
and  countersigned  by  the  City  Treasurer  and  City  Auditor. 

Passed  at  City  Hall,  October  25,  1888. 


AN  ORDINANCE  to  provide  for  the  borrowing  of  one  hun- 
dred thousand  dollars  for  paving  and  improving  the 
streets  and  avenues  of  the  City  of  Wilmington. 

Whereas,  B}^  an  Act  of  the  General  Assembly  of  the  Preamble. 
State  of  Delaware,  passed  at  Dover,  IMay  15th,  A.  D.  1891, 
The  Mayor  and  Council  of  Wilmington  was  authorized  and 
empowered  to  borrow  by  an  ordinance  of  The  Council  to  be 
passed  with  the  concurrence  of  two-thirds  of  all  the  members 
thereof  for  the  time  being,  a  sum  or  sums  of  money  not  ex- 
ceeding in  the  aggregate  five  hundred  thousand  dollars,  to  be 
appropriated,  applied  and  expended  for  paving  and  improv- 
ing the  streets  and  avenues  of  the  City  of  Wilmington,  and  to 
issue  bonds  of  the  said  ThelMayor  and  Council  of  Wilmington 
for  the  payment  thereof,  with  interest,  at  such  times  and  in 


658 


ORDINANCES. 


Preamble. 


such  manner  as  the  said  The  Council  shall  by  ordinance  pre- 
scribe and  appoint ;  and 

Whereas,  It  was  further  provided  by  said  Act  that  any 
and  all  sums  of  money  borrowed  under  the  authority  of  said 
Act  shall  be  borrowed  by  the  said  The  Mayor  and  Council  of 
Wilmington  at  such  time  and  in  such  amounts  as  the  Board  of 
Directors  of  the  Street  and  Sewer  Department  of  the  City  of 
Wilmington  may  direct;  provided,  that  in  no  event  shall  the 
amount  to  be  borrowed  under  the  provisions  of  said  Act  ex- 
ceed the  sum  of  two  hundred  thousand  dollars  in  any  one  year ; 
and 


Preamble. 


Bonds  tolDe 
issued  for 
$100,000. 


When 
payable. 


Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department,  in  conformity  with  the  provisions  of  said 
Act,  did  on  May  21st,  A.  D.  1891,  request  The  Mayor  and 
Council  of  Wilmington  to  provide  by  ordinance  for  the  bor- 
rowing of  one  hundred  thousand  dollars  for  the  year  1891,  for 
paving  and  improving  the  streets  and  avenues  of  the  said  city, 
and  to  authorize  the  issuance  of  bonds  of  the  said  The  Mayor 
and  Council  of  Wilmington  for  payment  of  the  sum  of  money 
so  -to  be  borrowed,  a  copy  of  which  said  request  has  been  pre- 
sented to  The  Council  and  filed  among  the  records  thereof; 
therefore,  in  pursuance  and  by  virtue  of  the  power  and  au- 
thority by  the  said  Act  of  the  General  Assembly  in  that  behalf, 

Be  it  ordained,  by  The  Council  of  Wilmington,  two- 
thirds  of  all  the  members  thereof  concurring  therein. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  one  hundred 
tho.usand  dollars  in  the  aggregate.  Such  bonds  shall  be  issued 
each  for  the  sum  of  fifty  dollars,  or  multiples  thereof,  and 
shall  fall  due  and  be  made  payable  in  the  manner  following, 
to  wit :  Twenty-eight  thousand  and  one  hundred  dollars,  part 
thereof,  on  the  first  day  of  October,  A.  D.  1917 ;  forty-one 
thousand  and  four  hundred  dollars,  part  thereof,  ^on  the  first 
day  of  April,  A.  D.  1918 ;  and  thirty  thousand  and  five  hun- 
dred dollars,  the  balance  thereof,  on  the  first  day  of  October, 
A.  D.  1918.     Such  bonds  shall  be  denominated  "Wilmington 


ORDINANCES.  659 

City  Bonds"  and  shall  bear  interest  at  a  rate  not  exceeding  interest, 
four  and  one-half  per  cent,  per  annum,  payable  semi-annually 
on  the  fii-st  day  of  April  and  October  in  each  and  every  year 
after  the  date  of  the  issue  thereof ;  and  shall  be  signed  by  the    °^  signet . 
Mayor  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor, in  the  same  manner  as  other  city  bonds,  and  the  record  Record, 
thereof  kept  by  the  City  Auditor  and  Cit}-  Treasurer  respec- 
tively. 

Sec.  2.    The  Finance  Committee  of  the  Council  are  here-  committee 
by  authorized  and  directed,  immediately  after  the  issuance  of  ^°  ^^'^  bonds. 
the  bonds  provided  for  by  this  ordinance,  to  sell  and  dispose 
of  the  same  to  the  highest  and  best  bidder  therefor,  and  to  the  proceeds  to 
best  advantage  to  the  city,  and  the  proceeds  of  such  sale  shall  jj^  s^treeTand 
be  received  by  the  Board  of  Directors  of  the  Street  and  Sewer  pl^^g^t' 
Department,  and  shall  be  placed  upon  special  deposit  to  the  gp^^j^^j  ^^ 
credit  of  said  department  in  such  bank  or  trust  company  in  p°^^  °^ 
the  City  of  Wilmington  as  shall  be  determined  by  the  said 
board.    All  orders  or  warrants  for  the  payment  of  money  to  be  ^^/un^*^ 
drawn  against  said  fund  shall  be  signed  by  the  President  of 
said  board  and  countersigned  by  the  City  Treasurer  and  City 
Auditor,  and  shall  have  specified  thereon  the  words  "Paving 
and  improving  the  streets  and  avenues. ' '  No  warrant  or  order  f^^^^.  \°^^^ 
for  the  payment  of  money  shall  be  drawn  against  said  fund  i'mproving^ 
except  it  is  for  payment  for  work  done  in  paving  and  improv-  streets. 
ing  the  streets  and  avenues  of  the  City  of  Wilmington. 

Passed  at  City  Hall,  July  23,  1891. 


AN  ORDINANCE  to  provide  for  the  borrowing  of  two  liun- 
dred  thousand  dollars  for  paving  and  improving  the 
streets  and  avenues  of  the  City  of  Wilmingtoji. 

Whereas,  Bv  an  Act    of    the    General  Assembly  of  the  „ 

'       ■  '  Preamble. 

State  of  Delaware,  passed  at  Dover,  May  15th,  A.  D.  1891,  The 
Mayor  and  Council  of  Wilmington  was  authorized  and  em- 
powered to  borrow,  by  an  ordinance  of  the  Council  to  be 
passed  with  the  concurrence  of  two-third  of  all  the  members 
thereof  for  the  time  being,  a  sum  or  sums  of  money  not  ex- 
ceeding in  the  aggregate  five  hundred  thousand  dollars,  to  be 


660 


ORDINANCES. 


appropriated,  applied  and  expended  for  paving  and  improv- 
ing the  streets  and  avenues  of  the  City  of  Wilmington,  and  to 
issue  bonds  of  the  said  The  Mayor  and  Council  of  Wilming- 
ton for  the  payment  thereof,  with  interest,  at  such  times  and 
in  such  manner  as  the  said  The  Council  shall  by  ordinance  pre- 
scribe and  appoint;  and 

Preamble.  -Whereas,  It  is  further  provided  by  said  Act  that  any  and 

all  sums  of  money  borrowed  under  the  authority  of  said  Act 
shall  be  borrowed  by  the  said  The  IMayor  and  Council  of  Wil- 
mington at  such  time  and  in  such  amounts  as  the  Board  of 
Directors  of  the  Street  and  Sewer  Department  of  the  City  of 
Wilmington  may  direct ;  provided,  that  in  no  event  shall  the 
amount  to  be  borrowed  under  the  provisions  of  said  Act  ex- 
ceed the  sum  of  two  hundred  thousand  dollars  in  any  ,one 
year;  and 


Preamble. 


Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department,  in  conformity  with  the  provisions  of  said 
Act,  did  on  February  10th,  A.  D.  1892,  request  The  Mayor 
and  Council  of  Wilmington  to  provide  by  ordinance  for  the 
borrowing  of  two  hundred  thousand  dollars  for  the  year  1892 
for  paving  and  improving  the  streets  and  avenues  of  the  said 
city,  and  to  authorize  the  issuance  of  bonds  of  the  said  The 
]\Iayor  and  Council  of  Wilmington  for  payment  of  the  sum  of 
money  so  to  be  borrowed,  a  copy  of  which  said  request  has 
been  presented  to  the  Council  and  filed  among  the  records 
thereof;  therefore,  in  pursuance  and  by  virtue  of  the  power 
and  authority  by  the  said  Act  of  the  General  Assembly  in  that 
behalf, 


Be  it  ordained,   by   The    Council    of   Wilming-ton,  two- 
thirds  of  all  the  members  thereof  concurring  therein. 


Bonds  for 
$200,000  to 
be  issued. 


Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  two  hundred 
thousand  dollars  in  the  aggregate.  Such  bonds  shall  be  issued 
each  for  the  sum  of  fifty  dollars,  or  multiples  thereof,  and 
shall  fall  due  and  be  made  payable  in  the  manner  following, 


ORDINANCES.  661 

to  Avit :    Twelve  thousand  one  hundred  and  fifty  dollars,  part  when 

'  ^  payable. 

thereof,  on  the  first  day  of  October,  A.  D.  1918 ;  forty-three 
tljousand  nine  hundred  dollars,  part  thereof,  on  the  first  day 
of  April,  A.  D.  1919 ;  forty-five  thousand  two  hundred  and 
fifty  dollars,  part  thereof,  on  October  1st,  A.  D.  1919 ;  forty- 
six  thousand  six  hundred  dollars,  part  thereof,  on  April  1st, 
A.  D;  1920 ;  forty-eight  thousand  and  fifty  dollars,  part  there- 
of, on  October  1st,  A.  D.  1920 ;  four  thousand  and  fifty  dol- 
lars, part  thereof,  on  April  1st,  A.  D.  1921.  Such  bonds  shall 
be  denominated  "Wilmington  City  Bonds"  and  shall  bear  jn- ^"*^^"^^*' 
terest  at  four  (1)  per  cent,  per  annmu,  payable  semi-annually 
on  the  first  day  of  April  and  October  in  each  and  every  year 
after  the  date  of  the  issue  thereof,  and  shall  be  signed  by  the  how  signed. 
Maj^or  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor in  the  same  manner  as  other  city  bonds,  and  the  record  Record, 
thereof  kept  by  the  City  Auditor  and  City  Treasurer  respec- 
tively. 

Sec.  2.    The  Finance  Committee  of  the  Council  are  here-  committee 
by  authorized  and  directed  immediately  after  the  issuance  of  f-,°nds 
the  bonds  provided  for  by  this  ordinance,  to  sell  and  dispose 
of  the  same  to  the  highest  and  best  bidder  therefor,  and  to  the 
best  advantage  to  the  city,  and  the  proceeds  of  such  sale  shall  be  recefved* 
be  received  by  the  Board  of  Directors  of  the  Street  and  Sewer  J;'^*  q®  ^.'^l?^* 

■^  ana  be^ ei 

Department,  and  shall  be  placed  upon  special  deposit  to  the  Department. 
credit  of  said  department  in  such  bank  or  trust  company  in   p®°^^ 
the  City  of  Wilmington  as  shall  be  determined  by  the  said 
board.     All  orders  or  warrants  for  the  payment  of  money  to  warrants. 
be  drawn  against  said  fund  shall  be  signed  by  the  President 
of  said  board  and  countersigned  by  the  City  Treasurer  and 
City   Auditor,    and  shall  have  specified  thereon   the   words 
"Paving  and  improving  the  streets  and  avenues."     No  war- 
rant or  order  for  the  payment  of  money  shall  be  drawn  against 
said  fund  except  it  is  for  payment  for  work  done  in  paving  used  for  pav- 
and  improving  the  streets  and  avenues  of  the  City  of  Wil-  proving- 

streets. 

mmgton. 

Passed  at  City  Hall,  March  17,  1892. 


Preamble. 


662  ORDINANCES. 

AN  ORDINANCE  to  provide  for  the  'borrowing  of  two  hun- 
dred thousand  dollars  for  paving  and  improving  tJie 
streets  and  avenues  of  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  passed  at  Dover,  May  15th,  A.  D.  1891, 
The  Mayor  and  Council  of  Wilmington  was  authorized  and 
empowered  to  borrow,  by  an  ordinance  of  the  Council  to  be 
passed  with  the  concurrence  of  two-thirds  of  all  the  members 
thereof  for  the  time  being,  a  sum  or  sums  of  money  not  ex- 
ceeding in  the  aggregate  five  hundred  thousand  dollars,  to  be 
appropriated,  applied  and  expended  for  paving  and  improv- 
ing the  streets  and  avenues  of  the  City  of  Wilmington,  and  to 
.  issue  bonds  of  the  said  The  Mayor  and  Council  of  Wilmington 
for  the  paj-ment  thereof,  with  interest,  at  such  times  and  in 
such  manner  as  the  said  the  Council  shall  by  ordinance  pre- 
scribe and  appoint;  and 

Preamble.  AVhereas,  It  was  further  provided  by  said  Act  that  anj^ 

and  all  sums  of  money  borrowed  under  the  authority  of  said 
Act  shall  be  borrowed  by  the  said  The  Mayor  and  Council  of 
Wilmington  at  such  time,  and  in  such  amounts,  as  the  Board 
of  Directors  of  the  Street  and  Sewer  Department  of  the  City 
of  Wilmington  may  direct ;  provided  that  in  no  event  shall  the 
amount  to  be  borrowed  under  the  provisions  of  said  Act  ex- 
ceed the  sum  of  two  hundred  thousand  dollars  in  any  one  year ; 
and 


Preamble. 


Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department,  in  conformity  with  the  provisions  of  said 
Act,  did  on  February  15th,  1893,  request  The  Mayor  and 
Council  of  Wilmington  to  provide  by  ordinance  for  the  bor- 
rowing of  two  hundred  thousand  dollars  for  the  year  1893  for 
paving  and  improving  the  streets  and  avenues  of  the  said  city, 
and  to  authorize  the  issuance  of  bonds  of  the  said  The  INIayor 
and  Council  of  Wilmington  for  payment  of  the  sum  of  money 
so  to  be  borrowed,  a  copy  of  which  said  request  has  been  pre- 
sented to  the  Council  and  filed  among  the  records  thereof ;  and 


ORDINANCES.  663 

Whereas,  The  aggregate  amount  of  money  heretofore  bor-  Pi'eambie. 
rowed  as  authorized  by  said  Act  is  the  sum  of  three  hundred 
thousand  dollars ; 

Therefore,  In  pursuance  and  bj^  virtue  of  the  power  and 
authority  by  the  said  Act  of  the  General  Assembly  in  that  be- 
half, 

Be  it  ordained,  by  The  Council  of  Wilmington,  two- 
thirds  of  all  the  members  thereof  concurring  herein. 

Section  1.  That  there  shall  be  issued  in  the  name  of  The  ^l^^or^rowed 
Mayor  and  Council  of  Wilmington  bonds  to  the  amount  of  two 
hundred  thousand  dollars  in  the  aggregate,  on  the  days  and  in 
amounts  following,  to  wit:  Immediately  after  the  passage  of 
this  ordinance  there  shall  be  issued  bonds  to  the  amount  of  sev-  ^hen^issued. 
enty-five  thousand  dollars;  on  the  first  day  of  October,  A.  D. 
1893.  there  shall  be  issued  bonds  to  the  amount  of  seventy-five 
thousand  dollars;  and  on  the  first  day  of  April,  A.  D.  1894, 
there  shall  be  issued  bonds  to  the  amount  of  fifty  thousand  dol- 
lars. Such  bonds  shall  be  issued  each  for  the  sum  of  fifty  dol- 
lars, or  multiples  thereof ;  and  shall  fall  due  and  be  made  pay- 
able in  the  manner  following,  to  wit :  Forty-five  thousand  and  j^ylbie. 
four  hundred  dollars,  part  thereof,  on  the  first  day  of  April, 
A.  D.  nineteen  hundred  and  twenty-one ;  fifty  thousand  nine 
hundred  and  fifty  dollars,  part  thereof,  on  the  first  day  of  Oc- 
tober, A.  D.  nineteen  hundred  and  twenty-one ;  fifty-two  thou- 
sand and  five  hundred  dollars,  part  thereof,  on  the  first  day 
of  April,  A.  D.  nineteen  hundred  and  twenty-two ;  and  fifty- 
one  thousand  one  hundred  and  fifty  dollars,  the  balance  there- 
of, on  the  first  day  of  October,  A.  D.  nineteen  hundred  and 
twenty-two.  Such  bonds  shall  be  denominated  "Wilmington 
City  Bonds, ' '  and  shall  bear  interest  from  the  date  of  the  issue 
thereof,  at  the  rate  of  four  [and  one-half  1  per  cent,  per  an-  .        ,  ' 

'  '-  J    r-  r-  Amendment, 

num,  payable  semi-annually  on  the  first  day  of  April  and  Octo-  June  i5,  iS93. 

ber  in  each  and  every  year  after  the  date  of  the  issue  thereof ; 

and  shall  be  signed  by  the  Mayor  and  countersigned  by  the  ^       .  ^^^ 

City  Treasurer  and  City  Auditor  in  the  same  manner  as  other 

city  bonds,  and  the  record  thereof  kept  by  the  City  Auditor 

and  City  Treasurer  respectively. 


664  ORDINANCES. 

^^'^*^^'  ,^  Sec.  2.    The  Finance  Committee  of  the  Council  are  hereby 

when  sold.  _  _  f 

authorized  and  directed  immediately  after  the  passage  of  this 
ordinance,  to  sell  and  dispose  of  all  of  the  bonds  mentioned  in 
the  first  section  to  the  highest  and  best  bidder  therefor,  and  to 
the  best  advantage  to  the  city,  which  said  bonds  shall  be  issued, 
delivered  and  paid  for  at  the  times  and  in  the  amounts  men- 
tioned in  the  first  section  hereof;  and  the  proceeds  of  such 

posited^as^a'  salcs  shall  be  received  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department,  and  shall  be  placed  upon  special  de- 
posit to  the  credit  of  said  department  in  such  bank  or  trust 
company  in  the  City  of  Wilmington  as  shall  be  determined  by 

Warrants  the  Said  board.  All  orders  or  warrants  for  the  payment  of 
money  to  be  drawn  against  said  fund  shall  be  signed  by  the 
President  of  said  board  and  countersigned  by  the  City  Treas- 
urer and  City  Auditor,  and  shall  have  specified  thereon  the 
words  "Paving  and  improving  the  streets  and  avenues."  No 
warrant  or  order  for  the  payment  of  money  shall  be  drawn 

Expenditure  against  said  fund  except  it  be  for  paj-ment  for  w^ork  done  in 
paving  and  improving  the  streets  and  avenues  of  the  City  of 
Wilmington. 

Passed  at  City  Hall,  May  11,  1893. 


fund. 


on  fund. 


of  fund. 


Act  of  Gen- 


AN  ORDINANCE  to  authorize  the  issuance  of  certain  bonds 
or  certificates  of  Indebtedness  and  to  provide  for  the  pay- 
ment thereof. 

Whereas,  The  ' '  The  ]\Iayor  and  Council  of  Wilmington, ' ' 
was  authorized  and  empowered  by  an  act  of  the  General  As- 
sembly, passed  at  Dover,  March  20th,  A.  D.  eighteen  hundred 
semtaiy'  ^^^  seventy-scven,  to  borrow  under  an  ordinance  of  the  Ciij 
Council,  to  be  passed  with  a  concurrence  of  two-thirds  of  all 
the  members  thereof,  for  the  time  being,  at  any  time  thereafter, 
a  sum  or  sums  of  money,  not  exceeding  in  the  aggregate  two 
hundred  thousand  dollars,  to  be  paid  at  such  time  or  times  and 
in  such  manner  as  the  ordinance  should  prescribe. 

And  Whereas,  The  Council  in  conformit}'  with  the  pro- 
visions of  said  Act  of  Assembly  by  ordinance  passed  on  Febru- 
ary- 6,  A.  D.  eighteen  hundred  and  seventy-nine,  authorized  a 


ORDINANCES.  665 

loan  to  be  made  of  twenty-four  thoiLsaud  dollars  ($24,000.00), 
and  bonds  or  certificates  of  indebtedness  to  be  issued  for  that 
amount,  payable  on  the  first  day  of  September,  A.  D.  eighteen 
hundred  and  ninetj^-nin^,  but  did  not  prescribe  the  manner  in 
which  said  bonds  should  be  paid ; 

And  Whereas,  Said  loans  were  made  and  said  bonds  or 
certificates  of  indebtedness  were  issued  to  the  amount  of  twen- 
tj^-four  thousand  dollars  ($24,000.00)  payable  on  the  first  day 
of  September,  A.  D.  eighteen  hundred  and  ninety-nine,  but 
there  is  not  now  in  the  treasury  of  the  Citj^,  funds  applicable 
to  the  payment  of  said  bonds  at  their  maturity,  and  the  pay- 
ment thereof  must  be  provided  for  by  the  issue  and  sale  of  new 
bonds  to  the  said  amount  of  twenty-four  thousand  dollars 
($24,000.00)  ;  full  authority  for  the  issue  and  sale  of  said  new 
bonds  having  been  given  by  an  Act  of  the  General  Assembly, 
entitled  "An  Act  to  further  confirm  and  establish  an  Act  en- 
titled an  Act  to  provide  a  Sinking  Fund  for  the  payment  of  the 
City  Debt  of  Wilmington, ' '  passed  at  Dover,  January  10,  A. 
D.  eighteen  hundred  and  ninety-seven ;  therefore. 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.     That  the  Finance  Committee  of  the  Council  Authority  to 

Ti/-<  ••  PifM-i-         T-iT  1         1  issue  bonds. 

and  the  Commissioners  oi  the  Sinking  Fund  are  hereby  au- 
thorized and  directed  to  cause  to  be  issued  in  the  name  of  the 
"The  Mayor  and  Council  of  Wilmington,"  bonds  or  certifi- 
cates of  indebtedness  to  the  amount  of  twenty-four  thousand  Amount  of. 
dollars  ($24,000),  for  the  payment  of  which  the  credit  of  the 
said  the  "The  Mayor  and  Council  of  Wilmington,"  is  hereby 
pledged,  and  the  said  Finance  Committee  and  the  Commission- 
ers of  the  Sinking  Fund  are  further  hereby  authorized  to  dis- 
pose of  said  bonds  or  certificates  of  indebtedness  in  the  usual 
manner,  the  proceeds  thereof  to  be  paid  to  the  Citv  Treasurer,  ^         ^     , 

^  _  -^  _  "  '  Proceeds  of. 

and  such  proceeds  by  said  City  Treasurer  applied  to  the  re- 
demption of  said  bonds,  aggregating  the  sum  of  twenty-four 
thousand  dollars  ($24,000),  payable  on  the  first  day  of  Septem- 
ber, A.  D.  eighteen  hundred  and  ninety-nine. 


666  ORDINANCES. 

Interest.  gg^^  2.    The  boiicls  or  certificates  of  indebtedness  author- 

ized to  be  issued  nnder  this  ordinance,  shall  be  in  the  form  now 
used  for  like  purposes,  and  shall  bear  interest  at  a  rate  not  ex- 
Rate  of  ceeding  four  per  centum  per  annum,  payable  semi-annually  on 
the  first  day  of  April  and  the  first  day  of  October  in  each  year, 
clear  of  all  taxes  which  may  be  levied  upon  the  principal  or  in- 
terest thereof,  by  authority  of  any  law  of  this  State  or  the 
United  States. 

When  Sec.  3.    The  said  bonds  or  certificates  of  indebtedness  au- 

payable. 

thorized  under  this  ordinance  and  amounting  to  the  sum  of 
twenty-four  thousand  dollars  ($24,000)  shall  fall  due  and  be- 
come payable  on  the  first  day  of  October,  A.  D.  nineteen  hun- 
dred and  thirteen,  and  shall  form  part  of  the  series  No.  118  of 
the  Sinking  Fund. 

Passed  at  the  Citv  Hall,  August  10.  1899. 


AX  ORDIXAXCE  to  autltorize  the  issuance  of  certain  Sinking 
Fioid  Bonds  or  Certificates  of  Indcljtedness. 

PREAMBLE. 

Whereas,  There  are  now  certain  bonds  of  the  City  of  Wil- 
mington to  the  aggregate  amount  of  thirty  thousand  dollars, 
which  will  fall  due  on  the  first  day  of  January,  A.  D.  1894, 
payment  of  which  nuist  be  made  out  of  the  proceeds  of  sale  of 
Sinking  Fund  Bonds  or  Certificates  of  Indebtedness,  to  be  is- 
sued according  to  the  terms  and  provisions  of  an  Act  of  the 
General  Assembly  of  the  State  of  Delaware,  entitled  "An  Act 
to  provide  a  Sinking  Fund  for  the  payment  of  the  Bonds  of  the 
City  of  Wilmington,"  passed  at  Dover,  on  February  9th,  A.  D, 
1855,  and  the  various  amendments  and  supplements  thereto. 

And  Whereas,  The  Finance  Committee  of  the  Council 
and  the  Sinking  Fund  Commissioners  appointed  under  the 
provisions  of  the  act  aforesaid,  have  under  the  powers  con- 
ferred upon  them  by  the  said  Act,  and  the  various  amendments 
and  supplements  thereto,  ordered  to  be  issued  new  bonds  or 
certificates  of  indebtedness  of  the  said  City  of  Wilmington, 
from  the  proceeds  of  the  sale  of  which  provision  is  to  be  made 


ORDINANCES.  667 

for  the  payment  of  said  bonds  so  falling  due  as  aforesaid; 
therefore. 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.     That  the  Finance  Committee  of  the  Council  Authorized 
and  the  Sinking  Fund  Commissioners  are  hereby'  authorized  bond^sTo  the 
and  directed  to  cause  to  be  issued  in  the  name  of  the  Mayor  |^°ooo.  ° 
and  Council  of  Wilmington,  bonds  or  certificates  of  indebted- 
ness to  the  amount  of  thirty  thousand  dollars  in  the  aggregate, 
Avhieh  said  bonds  or  certificates  shall  be  denominated  Sinking 
Fund  Loan,  and  the  credit  of  the  said  the  Mayor  and  Council 
of  Wilmington  is  hereby  pledged  for  the  payment  of  the  same. 

Sec.  2.     Said  bonds  or  certificates  of  indebtedness  shall 
be  made  similar  in  form  to  other  Sinking  Fund  bonds  or  cer- 
tificates of  indebtedness  and  shall  bear  interest  at  the  rate  of  be°ar^fnterest 
four  and  one-half  per  cent,  per  annum,  payable  semi-annually  ^\lf'pQr^ 
on  the  first  day  of  January  and  July  in  each  and  every  year  ^®"*- 
until  said  bonds  or  certificates  of  indebtedness  shall  be  paid, 
and  shall  fall  due  and  be  made  payable  in  the  manner  follow- 
ing, to  wit :    One  or  more  of  said  bonds  or  certificates  for  the 
aggregate  sum  of  twenty-eight  hundred  dollars,  on  the  first 
day  of  April,  A.  D.  1909 ;  one  or  more  of  said  bonds  or  certifi- 
cates for  the  aggregate  sum  of  twenty-five  thousand  and  fifty 
dollars,  on  the  first  day  of  October.  A.  D.  1909 ;  one  or  more  of 
said  bonds  or  certificates  of  indebtedness    to    the    aggregate 
amount  of  two  thousand  one  hundred  and  fifty  dollars,  on  the 
first  day  of  April,  A.  D.  1910. 

Sec.  3.  The  said  bonds  or  certificates  of  indebtedness  shall 
be  disposed  of  by  the  said  Finance  Committee  of  the  Council 
and  the  Sinking  Fund  Commissioners,  agreeably  to  the  direc- 
tions of  the  Council,  and  the  proceeds  thereof  shall  be  paid  to 
the  City  Treasurer  of  the  City  of  Wilmington,  and  such  pro-  proceeds  to 
ceeds  shall  be  applied  to  the  redemption  of  the  following  loan  r|(je^pt'ion° 
of  said  city,  to  wit :  Loan  No.  21,  on  the  books  of  the  Treasurer  no!"24." 
of  said  city,  for  the  sum  of  thirty  thousand  dollars. 

Passed  at  the  City  Hall,  December  21,  1893. 


668 


ORDINANCES. 


AN  OBDIXAXCE  to  authorize  the  issuance  of  certain  Sinking 
Fund  Bonds  or  Certificates  of  Indchtedness. 

Whereas,  There  are  now  certain  bonds  of  the  City  of  Wil- 
mington to  the  aggregate  amount  of  twenty  thousand  dollars 
which  "\^"ill  fall  due  on  the  first  day  of  July,  A.  D.  1894,  pay- 
ment of  which  must  be  made  out  of  the  proceeds  of  sale  of 
Sinking  Fund  Bonds  or  Certificates  of  Indebtedness  to  be  is- 
sued according  to  the  terms  and  provisions  of  an  Act  of  the 
General  Assemblj^  of  the  State  of  Delaware,  entitled  "An  Act 
to  provide  a  Sinking  Fund  for  the  pa^onent  of  the  bonds  of  the 
City  of  Wilmington,"  passed  at  Dover  on  February  9,  A.  D. 
1855,  and  the  various  amendments  and  supplements  thereto. 

And  Whereas,  The  Finance  Committee  of  the  Council 
and  the  Sinking  Fund  Commissioners  appointed  under  the  pro- 
visions of  the  Act  aforesaid,  have  under  the  powers  conferred 
upon  them  by  the  said  Act  and  the  various  amendments  and 
supplements  thereto  ordered  to  be  issued  new  bonds  or  cer- 
tificates of  indebtedness  of  the  said  City  of  Wilmington  from 
the  proceeds  of  the  sale  of  which  provision  is  to  be  made  for  the 
payment  of  said  bonds  so  falling  due  as  aforesaid ;  therefore 

Be  it  ordained,  by  the  ]\Iayor  and  Council  of  Wilmington. 


Issue  bonds 
to  the 
amount  of 

$20,000. 


Shall  bear 
interest  at 
the  rate  of  4 
per  cent. 


Section  1.  T,hat  the  Finance  Committee  of  the  Council 
and  the  Sinking  Fund  Commissioners  are  hereby  authorized 
and  directed  to  cause  to  be  issued  in  the  name  of  the  Mayor 
and  Council  of  Wilmington,  bonds  or  certificates  of  indebted- 
ness to  the  amount  of  twenty  thousand  dollars  in  the  aggre- 
gate, which  said  bonds  or  certificates  of  indebtedness  shall  be 
denominated  ' '  Sinking  Fund  Loan, ' '  and  the  credit  of  the  said 
the  Mayor  and  Council  of  Wilmington  is  hereby  pledged  for 
the  paj'ment  of  the  same. 

Sec.  2.  Said  bonds  or  certificates  of  indebtedness  shall  be 
made  similar  in  form  to  other  Sinking  Fund  Bonds  or  Certifi- 
cates of  Indebtedness  and  shall  bear  interest  at  the  rate  of  four 
per  centum  per  annum,  payable  semi-annually  on  the  first  day 
of  Januarj^  and  July  in  each  and  every  year  until  said  bonds 
or  certificates  of  indebtedness  shall  be  paid  and  shall  fall  due 


ORDINANCES.  669 

and  be  made  payable,  with  any  interest  that  may  be  due  there- 
on, on  the  first  day  of  April,  A.  D.  1910. 

Sec.  3.  The  said  bonds  or  certificates  of  indebtedness  shall  be 
disposed  of  by  the  said  Finance  Committee  of  the  Council  and 
the  Sinking  Fund  Commissioners  agreeably  to  the  directions  of 
the  Council,  and  the  proceeds  thereof  shall  be  paid  to  the  City  P^'Of^^^'is 
Treasurer  of  the  City  of  Wilmington,  and  such  proceeds  shall  piied  to  the 

•'  o         ;  ...  redemption 

be  applied  to  the  redemption  of  bonds  of  said  city,  being  Loan  of  Loan  No. 
No.  23,  on  the  books  of  the  Treasurer  of  said  city  for  the  sum 
of  twenty  thousand  dollars. 

Passed  at  the  City  Hall,  June  21,  1894. 


AN  OEDIXAXCE  to  provide  for  the  'borrowing  of  one  hun- 
dred and  twenty-five  thousand  dollars  for  the  opening, 
widening,  paving  and  improvement  of  streets,  avenues, 
lanes  or  alleys  in  the  City  of  Wilmington  and  for  the  con- 
struction of  Sewers  and  Water-ways  in  said  City. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the  State 
of  Delaware,  passed  at  Dover,  April  30,  1895,  the  IMayor  and 
Council  of  Wilmington  was  authorized  and  directed  to  borrow, 
by  an  ordinance  of  the  Council,  the  sum  of  two  hundred  and 
fifty  thousand  dollars,  and  to  issue  bonds  of  said  city  for  the 
payment  thereof  with  interest,  said  payment  to  be  made  at 
such  time  and  in  such  manner  as  the  City  Council  of  the  said 
City  of  Wilmington  shall  by  ordinance  prescribe  and  appoint, 
and  the  said  sum  of  two  hundred  and  fifty  thousand  dollars 
shall,  at  the  discretion  of  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  said  City  of  Wilmington,  be  ap- 
propriated, applied  and  expended  by  the  said  Board  for  the 
following  public  improvements,  that  is  to  say :  For  the  open- 
ing, widening,  paving  and  improvement  of  streets,  avenues, 
lanes  or  alleys  in  said  City  of  Wilmington,  and  for  the  con- 
struction of  sewers  and  water-ways  in  said  city,  and 

■  Whereas,  It  was  further  provided  by  said  Act,  that  any 
and  all  moneys  so  borrowed  under  the  authority  of  said  Act, 
shall  be  borrowed  by  the  said  the  Mayor  and  Council  of  Wil- 


670 


ORDINANCES. 


mington,  at  such  times  and  in  such  amounts  as  the  Board  ©f 
Directors  of  the  Street  and  Sewer  Department  of  the  City  of 
Wilmington  may  direct;  provided,  that  in  no  event  shall  the 
amount  to  be  borrowed  under  the  provisions  of  said  Act  ex- 
ceed the  sum  of  one  hundred  and  twenty-five  thousand  dollars 
in  any  one  year;  and, 

Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department,  in  conformity  with  the  provisions  of  said 
Act,  did  on  the  10th  day  of  May,  1895,  request  the  Mayor  and 
Council  of  Wilmington  to  provide  by  ordinance  for  the  bor- 
rowing of  one  hundred  and  twenty-five  thousand  dollars  for 
the  year  1895,  for  the  opening,  widening,  paving  and  improve- 
ment of  streets,  avenue,  lanes  or  alleys  in  the  said  city,  and  for 
the  construction  of  sewers  and  water-ways  in  said  city,  and  to 
authorize  the  issuance  of  bonds  of  the  said  the  Mayor  and 
Council  of  Wilmington  for  payment  of  the  sum  of  moneys  so 
to  be  borrowed,  a  copy  of  which  said  request  has  been  pre- 
sented to  the  Council  and  filed  among  the  records  thereof ; 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
avithority  by  the  said  Act  of  the  General  Assembly  in  that  be- 
half. 

Be  it  ordained,  bv'the  Council  of  Wilmington. 


Shall  be  is- 
sued, bonds 
to  the 
amount  of 

$125,000. 


Bonds,  each 
shall  be  for 
$50  or  mul- 
tiples there- 
of. 


Section  1.  That  immediately  after  the  passage  of  this  or- 
dinance, there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  one  hundred 
and  twenty-five  thousand  dollars  in  the  aggregate. 

Such  bonds  shall  be  issued  each  for  the  sum  of  fifty  dol- 
lars, or  multiples  thereof,  and  shall  fall  due  and  be  made  pay- 
able in  the  manner  following,  to  wit :  Two  thousand  nine  hun- 
dred dollars,  part  thereof,  on  the  first  day  of  October,  A.  D. 
1922 ;  fifty-five  thousand  six  hundred  and  fifty  dollars,  part 
thereof,  on  the  first  day  of  April,  A.  D.  1923 ;  fifty-seven  thou- 
sand three  hundred  dollars,  part  thereof,  on  the  first  day  of 
October,  A.  D.  1923,  nine  thousand  one  hundred  and  fifty  dol- 
lars, part  thereof,  on  the  first  day  of  April,  A.  D.  1924. 


ORDINANCES,  671 

Such  bonds  shall  be  denominated  Wilmington  City  Bonds,  fntU^ggtYt 
and  shall  bear  interest  at  four  per  cent,  per  annum,  payable  4^per^centf 
semi-annually,  on  the  first  day  of  April  and  October  in  each 
and  every  year  after  the  date  of  the  issue  thereof,  and  shall  be 
signed  by  the  ]\Iayor  and  countersigned  by  the  City  Treasurer 
and  City  Auditor  in  the  same  manner  as  other  city  bonds,  and 
the  record  thereof  kept  by  the  City  Auditor  and  City  Treas- 
urer respectively. 

Sec.  2.    The  Finance  Committee  of  the  Council  are  here- 
by authorized  and  directed  immediately  after  the  passage  of 
this  ordinance  to  sell  and  dispose  of  all  of  the  bonds  mentioned 
in  the  first  section  to  the  highest  and  best  bidder  therefor,  and 
to  the  best  advantage  to  the  city,  and  the  proceeds  of  such  sale 
shall  be  received  by  the  Board  of  Directors  of  the  Street  and  fai°e*^|hau  b^e 
'Sewer  Department,  and  shall  be  placed  upon  special  deposit  to  Iplctai  de°" 
the  credit  of  said  department  in  such  bank  or  trust  company  in  ^°|^^t*o/th- 
the  City  of  Wihnington  as  shall  be  determined  bv  the  said  street  and 

•^  '^  -  Sewer  De- 

Board.  All  orders  or  warrants  for  the  payment  of  money  to  be  partment. 
drawn  against  said  fund  shall  be  signed  by  the  President  of  the 
said  Board,  and  countersigned  by  the  City  Treasurer  and  City 
Auditor  and  shall  have  specified  thereon  whether  the  order  or 
warrant  is  for  the  opening,  widening,  paving  or  improving  of 
streets,  or  for  the  construction  of  sewers  or  water-ways. 

No  warrant  or  order  for  the  pavment  of  monev  shall  be  No  order 

•      •      j>  "  n  shall  be 

drawn  against  said  fund  except  it  is  for  payment  for  work  drawn 

.  .  .  ,  against  said 

done,  or  money  expended  m  the  opening,  widening,  paving  and  fund  except 
improvement  of  streets,  avenues,  lanes  or  allevs  in  the  City  of  or  widening 

'  *■  streets. 

Wilmington,  and  for  the  construction   of   sewers    and   water- 
ways in  said  city. 

Passed  at  the  City  Hall,  May  23,  1895. 


AN  ORDINANCE  to  provide  for  the  horrowing  of  a  sum  of 
money  to  he  used  in  the  purchase  of  Park  Lands. 

Whereas,  The  General  Assembly  of  the  State  of  Dela- 
ware did,  on  April  27,  A.  D.  1895,  pass  an  Act  entitled  "A 
further  supplement  to  an  Act  to  provide  for  Public  Parks  for 


672  ORDINANCES. 

the  use  of  the  citizens  of  Wilmington  and  its  vicinity, ' '  passed 
at  Dover,  March  13,  1883,  wherein  it  was  provided  that  the 
Mayor  and  Council  of  Wilmington  were  empowered,  under  an 
ordinance  or  ordinances  of  the  City  Council  to  be  passed  with 
the  concurrence  of  two-thirds  of  all  the  members  thereof,  to 
borrow  a  sum  or  sums  not  exceeding  in  the  aggregate  fifty 
thousand  dollars,  to  be  applied  and  expended  under  the  charge 
of  the  Board  of  Park  Commissioners  of  the  said  city  in  the  pur- 
chase or  accjuisition,  in  the  manner  authorized  by  the  act  to 
which  this  act  is  a  supplement,  of  lands  to  be  used  as  additions 
to  said  parks,  and 

Whereas,  At  a  meeting  of  the  Board  of  Park  Commis- 
sioners held  June  4,  1895,  a  resolution  was  adopted  by  a  ma- 
jority of  all  the  members  of  the  Board  recommending  to  the 
Mayor  and  Council  of  Wilmington  the  purchase  of  certain 
lands  for  park  purposes,  a  copy  of  which  resolution,  attested 
by  the  Secretary  of  said  Board,  has  been  presented  to  the 
Council  and  filed  among  the  records,  thereof,  now. 

Therefore,  In  pursuance  and  bj-  virtue  of  the  powers  con- 
ferred by  the  said  Act  of  the  General  Assembly  in  that  behalf, 

Be  it  ordained,  by  the  Council  of  Wilmington. 
Issue  bonds  SECTION  1.    That  from  and  immediately  after  the  passage 

to  the  .  „ 

amount  of      of  this  ordinance,    there   shall   be    issued  in  the  name  oi  the 

$50,000.  '  -ITT  .        p 

Mayor  and  Council  of  Wilmington,  bonds  to  the  amount  or 
fifty  thousand  dollars  ($50,000).  Such  bonds  shall  be  issued 
each  of  one  hundred  dollars,  or  the  multiples  of  one  hundred 
dollars,  and  shall  fall  due  and  be  made  payable  in  manner  fol- 
lowing, to  wit :  One  or  more  of  said  bonds  or  certificates  for 
the  aggregate  sum  of  forty-nine  thousand  nine  hundred  dol- 
lars on  the  first  day  of  April,  A.  D.  1924 ;  and  one  or  more  of 
said  bonds  or  certificates  of  indebtedness  for  the  aggregate  sum 
of  one  hundred  dollars  on  the  first  da.y  of  October,  A.  D.  1924. 
Such  bonds  shall  be  denominated  ' '  Wilmington  City  Bonds, ' ' 
and  shall  bear  interest  at  the  rate  of  four  per  cent,  per  annum, 
payable  semi-annually,  on  the  first  day  of  April  and  October 
in  each  and  every  year  after  the  date  of  issue.    The  bonds  is- 


ORDINxVNCES.  673 

sued  under  the  provisions  of  this  ordinance  shall  be  signed  by 
the  ]\Ia3' or  and  countersigned  by  the  Treasurer  and  City  Au- 
ditor, in  the  same  manner  as  other  city  bonds,  and  the  record 
thereof  kept  by  the  City  Auditor  and  City  Treasurer  respec- 
tiveh'. 

Sec.  2.    The  Finance  Committee  of  the  Council  are  here- 
by authorized  and  directed,  after  the  pa&sage  of  this  ordinance, 
to  sell  and  dispose  of  all  of  the  bonds  mentioned  in  the  first  sec-  o/^t^e  ^3onds 
tion  to  the  highest  and  best  bidder  therefor,  and  to  the  best  t°  t^^i^if^; 

'^  -  est  and  best 

advantage  to  the  citj",  and  the  proceeds  of  such  sale  shall  be  re-  bidder. 
ceived  by  the  City  Treasurer,  and  be  by  him  made  the  subject 
of  a  special  deposit  in  such  bank  at  Wilmington  as  shall  be  the 
depository  of  the  funds  of  the  city,  and  shall  only  be  drawn 
therefrom  upon  the  proper  warrants  of  the  Council,  for  the 
purchase  or  acquisition  of  lands  for  a  public  park  or  parks  in 
the  manner  authorized  by  the  acts  of  the  General  Assembly 
and  the  supplements  thereto,  and  for  no  other  purpose. 

Passed  at  City  Hall,  June  27,  1895. 


AN  ORDINANCE  to  Provide  for  the  borrowing  of  One  Hun- 
dred and  Twenty-five  Tliousand  Dollars  for  the  Opening, 
Widening,  Paving  and  Improvement  of  Streets,  Avenues, 
Lanes  or  Alleys  in  the  City  of  Wilmington  and  for  the 
Construction  of  Sewers  and  Waterways  in  Said  City. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  passed  at  Dover,  April  30th,  1895,  the  ^^^.  ^^ 
Mayor  and  Council  of  Wilmington  was  authorized  and  di-  ^^^g^^^Jiy 
rected  to  borrow,  by  an  ordinance  of  the  Council,  the  sum  of 
Two  Hundred  and  Fifty  Thousand  Dollars,  and  to  issue  bonds 
of  said  City  for  the  payment  thereof  with  interest ;  said  pay- 
ment to  be  made  at  such  time  and  in  such  manner  as  the  City 
Council  of  said  City  of  Wilmington  shall  by  ordinance  pre- 
scribe and  appoint,  and  the  said  sum  of  Two  Hundred  and 
Fiftj'  Thousand  Dollars  shall,  at  the  discretion  of  the  Board  of 
Directors  of  the  Street  and  Sewer  Department  of  the  said  City 
of  Wilmington,  be  appropriated,  applied  and  expended  by  the 
said  Board  for  the  following  public  improvements,  that  is  to 


674  ORDINANCES. 

say :  For  the  opening,  widening,  paving  and  improvement  of 
streets,  avenues,  lanes  or  alleys  in  said  City  of  Wilmington, 
and  for  the  construction  of  sewers  and  water-ways  in  said 
city;  and, 

Whereas,  It  was  further  provided  by  said  Act,  that  any 

and  all  moneys  so  borrowed  under  the  authority  of  said  Act, 

To  borrow      shall  be  borrowed  by  the  said  the  ]\Iayor  and  Council  of  Wil- 

by  direction         _  *'  '' 

of  Street        mington,  at  such  time  and  in  such  amounts  as  the  Board  of 

and  Sewer  ^         ' 

Department.  Directors  of  the  Street  and  Sewer  Department  of  the  City  of 
Wilmington  may  direct;  provided,  that  in  no  event  shall  the 
amount  to  be  borrowed  under  the  provisions  of  said  Act  ex- 
ceed the  sum  of  One  Hundred  and  Twenty-five  Thousand  Dol- 
lars in  any  one  year ;  and, 

Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department,  in  conformity  with  the  provisions  of  said 
Act,  did  on  the  4th  day  of  February,  1896,  request  the  Mayor 
and  Council  of  Wilmington  to  provide  by  ordinance  for  the 
borrowing  of  One  Hundred  and  Twenty-five  Thousand  Dol- 
lars for  the  year  Eighteen  Hundred  and  Ninety-six  for  the 
opening,  widening,  paving  and  improvement  of  streets,  ave- 
nues, lanes  or  alleys  in  the  said  City,  and  for  the  construction 
of  sewers  and  water-ways  in  said  City,  and  to  authorize  the 
issuance  of  bonds  of  the  said  the  Mayor  and  Council  of  Wil- 
mington for  the  payment  of  the  sum  of  moneys  so  to  be  bor- 
rowed, a  copy  of  which  said  request  has  been  presented  to  the 
Council  and  filed  among  the  records  thereof ; 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  by  the  said  Act  of  the  General  Assembly  in  that  be- 
half. 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.     That  immediately  after  the  passage  of  this 
How  issued,   ordinance,  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  One  Hundred 
and  Twenty-five  Thousand  Dollars  in  the  aggregate. 


ORDINANCES.  675 

Such  bonds  shall  be  issued  each  for  the  sum  of  Fifty  Dol- 
lars, or  multiples  thereof,  and  shall  fall  due  aud  be  made  pay- 
able in  the  manner  following,  to  wit :  Sixty  Thousand,  Seven 
Hundred  Dollars,  part  thereof,  on  the  first  day  of  October,  j^a^^^ie. 
A.  D.  1924 ;  Sixty-two  Thousand  Six  Hundred  and  Fifty  Dol- 
lars, part  thereof,  on  the  first  day  of  April,  A.  D.  1925 ;  One 
Thousand  and  Six  Hundred  and  Fifty  Dollars,  part  thereof, 
on  the  first  day  of  October,  A.  D.  1925. 

Such    bonds    shall    be    denominated    Wilmington    City 
Bonds,  and  shall  bear  interest  at  four  per  cent,  per  annum, 
payable  semi-annually,  on  the  first  day  of  April  and  October  ^^.glt'and' 
in  each  and  every  year  after  the  date  of  the  issue  thereof,  and  how  paid. 
shall  be  signed  by  the  Mayor  and  countersigned  by  the  City  ^^^  ^.  ^^^ 
Treasurer  and  Citj^  Auditor  in  the  same  manner  as  other  City 
bonds, .  and  the  record  thereof  kept  by  the  City  Auditor  and 
City  Treasurer  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  are  hereby 
authorized  and  directed  immediately  after  the  passage  of  this  How  dispose 
ordinance  to  sell  and  dispose  of  all  of  the  bonds  mentioned  in 
the  first  section  to  the  highest  and  best  bidder  therefor,  and 
to  the  best  advantage  to  the  City,  and  the  proceeds  of  such  Proceeds  of 
sale  shall  be  received  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department,  and  shall  be  placed  upon  special  de- 
posit to  the  credit  of  said  Department  in  such  bank  or  trust 
company  in  the  City  of  Wilmington  as  shall  be  determined  by 
the  said  Board.     All  orders  or  warrants  for  the  pavment  of  Orders 

drawn  shall 

money  to  be  drawn  against  said  fund  shall  be  signed  by  the  specify. 
President  of  the  said  Board,  and  countersigned  by  the  City 
Treasurer  and  City  Auditor,  and  shall  have  specified  thereon 
whether  the  order  or  warrant  is  for  the  opening,  widening, 
paving  or  improving  of  streets,  or  for  the  construction  of 
sewers  or  water-ways. 

No  warrant  or  order  for  the  payment  of  money  shall  be 
drawn  against  said  fund  except  it  is  for  the  payment  for  work 
done,  or  money  expended  in  the  opening,  widening,  paving 
and  improvement  of  streets,  avenues,  lanes  or  alleys  in  the 


676 


OKDINANCES. 


Act  of 

General 

Assembly. 


Ordinance 

authorizing 

loan. 


Amount  of. 


City  of  Wilmington,  and  for  the  construction  of  sewers  and 
water-ways  in  said  City. 

Passed  at  the  City  Hall,  February  20,  1896. 


AN  OEDIXAXCE  to  Authorize  the  Issuance  of  Certain  Bonds 
or  Certificates  of  Indebtedness  and  to  Provide  for  the 
Payment  Thereof. 

"Whereas,  the  "The  Mayor  and  Council  of  Wilmington," 
was  authorized  and  empowered  by  an  Act  of  the  General  As- 
sembly, passed  at  Dover,  March  20th,  1877,  to  borrow  under 
an  ordinance  of  the  City  Council,  to  be  passed  with  a  concur- 
rence of  two-thirds  of  all  the  members  thereof,  for  the  time 
being,  at  any  time  thereafter,  a  sum  or  sums  of  money,  not 
exceeding  in  the  aggregate.  Two  Hundred  Thousand  Dollars, 
to  be  paid  at  such  time  or  times,  and  in  such  manner  as  the 
Ordinance  should  prescribe ; 

And  Whereas,  The  Council,  in  conformity  with  the  pro- 
visions of  said  Act  of  Assembly,  by  ordinance  passed  on  May 
24th,  1877,  and  August  16th,  1877,  authorized  loans  to  be 
made  aggregating  One  Hundred  and  Seventy-six  Thousand 
Dollars,  ($176,000)  and  bonds  or  certificates  of  indebtedness 
to  be  issued  for  that  amount,  payable  on  the  first  day  of  Feb- 
ruary', A.  D.  Eighteen  Hundred  and  Ninety-seven,  but  did  not 
prescribe  the  manner  in  which  said  bonds  should  be  paid ; 

And  W^hereas,  said  loans  were  made  and  said  bonds  or 
certificates  of  indebtedness  were  issued  to  the  aggregate 
amount  of  One  Hundred  and  Seventy-six  Thousand  Dollars, 
payable  on  the  said  first  day  of  February,  A.  D.  Eighteen 
Hundred  and  Ninety-seven,  but  there  is  not  now  in  the  Treas- 
ury of  the  City,  funds  with  which  to  pay  said  bonds  at  their 
maturity,  and  the  payment  thereof  must  be  provided  for  by 
the  issue  and  sale  of  new  bonds  to  the  said  aggregate  amount 
of  One  Hundred  and  Seventy-six  Thousand  Dollars ;  therefore 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.  That  the  Finance  Committee  of  the  Council 
and  the  Sinking  Fund  Committee  are  hereby  authorized  and 


ORDINANCES.  677 

directed  to* cause  to  be  issued  in  the  name  of  the  "The  Mayor 
and  Council  of  Wihnington, "  bonds  or  certificates  of  indebted- 
ness to  the  aggregate  amount  of  One  Hundred  and  Seventy- 
six  Thousand  Dollars,  ($176,000)  for  the  payment  of  which, 
the  credit  of  the  said  the  "flavor  and  Council  of  Wilming- 
ton," is  hereby  pledged, — and  the  said  Finance  Committee 
and  the  Sinking  Fund  Committee  are  further  hereby  author-  fo^d^spose  of. 
ized  to  dispose  of  said  bonds  or  certificates  of  indebtedness  in 
the  usual  manner,  the  proceeds  thereof  to  be  paid  to  the  City 
Treasurer,  and  such  proceeds  by  said  City  Treasurer  applied  ^^°^^^^^  °^- 
to  the  redemption  of  said  bonds,  aggregating  the  said  sum  of 
One  Hundred  and  Seventy-six  Thousand  Dollars  ($176,000) 
payable  on  the  first  day  of  February,  A.  D.  Eighteen  Hundred 
and  Ninety-seven. 

Sec.  2.    The  bonds  or  certificates  of  indebtedness  author- 
ized to  be  issued  under  this  ordinance,  shall  be  in  the  form  j^^^  ^^ 
now  used  for  like  purposes,  and  shall  bear  interest  at  a  rate  interest. 
not  exceeding  four  per  centum  per  annum,  payable  semi-an-  ^rj^^^ 
nually  on  the  first  day  of  April  and  the  first  day  of  October  in  payable, 
each  year,  clear  of  all  taxes  which  may  be  levied  upon  the 
principal  or  interest  thereof,  by  authority  of  any  law  of  this 
State  or  the  United  States. 

Sec.  3.  The  said  bonds  or  certificates  of  indebtedness 
shall  be  issued  in  amounts  to  fall  due  and  become  payable  with 
interest  that  may  be  due  thereon  in  manner  following:  One 
or  more  of  said  bonds  or  certificates  of  indebtedness  for  the  ^     ,   ^ 

Bonds  to 

sum  of  Thirty-seven  Hundred  Dollars,  ($3700)  to  fall  due  and  fan  due. 
become  payable  on  April  1st,  1910 ;  one  or  more  of  said  bonds 
or  certificates  of  indebtedness  for  the  sum  of  Twenty-six  Thou- 
sand Five  Himdred  and  Fifty  Dollars,  to  fall  due  and  become 
payable  on  October  1st,  1910 ;  one  or  more  of  said  bonds  or  cer- 
tificates of  indebtedness  for  the  sum  of  Twenty-seven  Thou- 
sand Four  Hundred  Dollars,  to  fall  due  and  become  payable 
on  April  1st,  1911 ;  one  or  more  of  said  bonds  or  certificates  of 
indebtedness  for  the  sum  of  Twent^'-eight  Thousand  Two 
Hundred  Dollars,  to  fall  due  and  become  payable  on  October 
1st,  1911 ;  one  or  more  of  said  bonds  or  certificates  of  indebted- 
ness for  the  sum  of  Twenty-nine  Thousand  and  Fifty  Dollars 


678 


ORDINANCES. 


to  fall  due  and  become  payable  on  April  1st,  1912 ;  one  or  more 
of  said  bonds  or  certificates  of  indebtedness  for  the  sum  of 
Twenty-nine  Thousand  Nine  Hundred  and  Fifty  Dollars,  to 
fall  due  and  become  payable  on  October  1st,  1912 ;  one  or  more 
of  said  bonds  or  certificates  of  indebtedness  for  the  sum  of 
Thirty  Thousand  Eight  Hundred  Dollars,  to  fall  due  and  be- 
come payable  on  April  1st,  1913 ;  .and  one  or  more  of  said 
bonds  or  certificates  of  indebtedness  for  the  sum  of  Three 
Hundred  and  Fifty  Dollars,  to  fall  due  and  become  payable 
on  October  1st,  1913. 

Passed  at  the  City  Hall,  January  14,  1897. 


Act  of 

General 

Assembly. 


AN  ORDINANCE  to  Provide  for  the  Borrowing  of  Twenty- 
five  Thousand  Dollars  for  the  Improvement  of  the  Public 
Parks. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  passed  at  Dover  April  5,  1897,  it  was  pro- 
vided as  follows,  to  wit: 


Section  1.  That  the  "Mayor  and  Council  of  "Wilming- 
ton ' '  are  hereby  empowered,  under  an  ordinance  or  ordinances 
of  the  City  Council,  to  be  passed  with  the  concurrence  of  two- 
thirds  of  all  the  members  thereof  to  borrow  a  sum  or  sums  not 
exceeding  in  the  aggregate  Twentj^-five  Thousand  Dollars, 
To  toorrow  ($25,000)  to  be  applied  under  the  charge  of  the  Board  of  Park 
improvement  Commissioners  in  the  improvement  of  the  parks,  but  not  more 

of  public  ^  •*■  ' 

park.s.  than  Fifteen  Thousand  Dollars,   ($15,000)  shall*  be  borrowed 

in  any  one  calendar  year. 

Sec.  2.  That  the  bonds  of  the  City  of  Wilmington  au- 
thorized to  be  issued  under  the  provisions  of  this  Act,  shall  be 
issued,  and  payment  made  in  the  manner  provided  by  an  Act 
passed  at  Dover,  February  9,  1855,  entitled  "An  Act  to  pro- 
vide a  sinking  fund  for  the  City  of  AVilmington, "  and  the 
various  amendments  and  supplements  thereto. 

Therefore  in  pursuance,  and  by  virtue  of  the  powers  con- 
ferred by  the  said  Act  of  the  General  A.ssembly  in  that  behalf. 


ORDINANCES.  679 

Be  it  ordained,  By  the  Council  of  Wilmington,  (two- 
thirds  of  the  members  thereof  concurring)  : 

Section  1.  That  as  soon  as  conveniently  may  be  after 
the  passage  of  this  ordinance,  the  Finance  Committee  of  the 
Council  and  the  Commissioners    of    the    Sinking  Fund  shall  who  shaii 

.  issue. 

cause  to  be  issued  in  the  name  of  the  ' '  Mayor  and  Council  of 
Wilmington, ' '  bonds  to  the  amount  of  Fifteen  Thousand  Dol-  Amount  of. 
lars  ($15,000),  and  on  the  first  day  of  April  in  the  year  Eigh- 
teen Hundred  and  Ninety-eight  shall  cause  to  be  issued  in  the 
name  of  the  ' '  Mayor  and  Council  of  Wilmington ' '  other  bonds  q^j^^^j.  ^onds 
to  the  amount  of  Ten  Thousand  Dollars  ($10,000),  such  bonds  ^^/'sVme"®'^ 
shall  be  issued  each,  for  One  Hundred  Dollars  ($100),  or  mul-  purpose. 
tiples  of  One  Hundred  Dollars  ($100),  and  shall  fall  due  and 
become  payable  on  the  first  day  of  October,  in  the  year  of  our  pT^y|^jg 
Lord  One  Thousand  Nine  Hundred  and  Twenty-five.     Said 
bonds  shall  be  denominated  "Wilmington  City  Bonds,"  and 
shall  bear  interest  at  the  rate  of  four  per  centum  per  annum, 
payable  semi-annually,  on  the  first  days  of  April  and  October  j.^tl^of  *' 
in  each  and  every  year  after  date  of  issue.     The  bonds  issued  payable 
under  the  provisions  of  this  ordinance,  shall  be  signed  by  the 
Mayor  and  countersigned  by  the  City  Treasurer  and  the  City. 
Auditor,  in  the  same  manner  as  other  City  bonds,  and  the  rec- 
ords thereof,  kept  by  the  City  Auditor  and  City  Treasurer  re- 
spectively. 

Sec.  2.  The  Finance  Committee  of  City  Council  and  the 
Commissioners  of  the  Sinking  Fund,  are  hereby  authorized 
and  directed,  prior  to  the  issuance  of  the  bonds  provided  for 
by  this  ordinance  to  offer  said  bonds  for  sale  and  to  dispose 
of  the  same,  or  any  part  thereof,  to  the  most  advantage  of  the 
City,  and  the  proceeds  of  such  sale  shall  be  received  by  the  f^ig'^of '^^  ^^ 
City^Treasurer,  and  be  b}^  him  made  the  subject  of  a  special 
deposit  in  such  bank  at  Wilmington  as  shall  be  the  depository 
of  the  funds  of  the  City,  and  shall  only  be  drawn  therefrom  parks"'^^'^ 
upon  the  proper  warrants  of  the  Council  for  the  improvement 
of  the  Public  Parks. 

Passed  at  the  Citv  Hall,  IMav  6,  1897. 


680  ORDINANCES. 

AN  ORDINANCE  to  Provide  for  the  Borrowing  of  Seventy- 
five  Thousand  Dollars  for  the  Construction  of  the  Silver- 
brook  Seiver,  the  Elimination  of  Grade  Crossings  of  Rail- 
roads, and  the  Improvements  of  the  Streets  and  Avenues 
of  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
Act  of  State  of  Delaware  passed  at  Dover,  May  15th,  A.  D.  1897,  the 

Assenfbiv  "The  Mayor  and  Council  of  Wilmington,"  was  authorized 
and  empowered  to  borrow  by  an  ordinance  of  the  Council,  the 
sum  or  sums  of  money  not  exceeding  in  the  aggregate  One 
Hundred  and  Twenty-five  Thousand  Dollars  ($125,000),  to  be 
appropriated,  applied  and  expended  for  the  construction  of 
the  Silverbrook  sewer,  the  elimination  of  grade  crossings  of 
railroads,  and  the  improvement  of  streets  and  avenues  of  the 
City  of  Wilmington,  and  to  issue  bonds  of  the  said  the  ' '  The 
Mayor  and  Council  of  Wilmington,"  for  the  payment  thereof 
with  interest  at  such  times  and  in  such  manner  as  the  said 
Council  by  ordinance  shall  prescribe  and  appoint,  and. 

Whereas,  It  was  further  provided  by  said  Act  that  any 
and  all  sums  of  money  borrowed  under  the  authority  of  said 
Act  shall  be  borrowed  by  the  said  the  ' '  The  Mayor  and  Coun- 
cil of  Wilmington,"  at  such  time  and  in  such  amounts  as  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of  the 
City  of  Wilmington  may  direct ;  Provided  that  in  no  event 
shall  the  amount  to  be  borrowed  under  the  provisions  of  said 
Act  exceed  the  sum  of  Seventy-five  Thousand  Dollars  in  any 
one  year,  and, 

Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department  in  conformity  with  the  provisions  of  said 
Act,  did  on  the  26th  day  of  May,  1897,  request  the  "The 
Mayor  and  Council  of  Wilmington,"  to  provide  by  ordinance 
for  the  borrowing  of  Seventy-five  Thousand  Dollars  ($75,000), 
for  the  year  1897,  for  the  construction  of  the  Silverbrook 
sewer,  the  elimination  of  grade  crossings  of  railroads,  and  the 
improvement  of  the  streets  and  avenues  of  the  City  of  Wil- 
mington, and  to  authorize  the  issuance  of  bonds  of  the  said  the 
* '  The  Mayor  and  Council  of  Wilmington, ' '  for  the  payment  of 


ORDINANCES.  681 

the  Slim  of  money  so  to  be  iDorrowed  and  kept,  of  which  said 
request  has  been  presented  to  the  Council  and  filed  among  the 
records  tliereof ;  therefore  in  pursuance  and  by  virtue  of  the 
power  and  authority  of  the  Act  of  the  General  Assembly  in 
that  behalf. 

Be  it  ordained,  By  the  Council  of  Wilminorton. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  ' '  The  ]\Iayor 
and  Council  of  Wilmington, ' '  bonds  to  the  amount  of  Seventy-  Bonds  to  he 

issued. 

five  Thousand  Dollars  ($75,000),  in  the  aggregate.  Such 
bonds  shall  be  issued  each  for  the  sum  of  Fifty  Dollars  ($50), 
or  multiples  thereof,  and  shall  fall  due  and  be  made  payable 
•in  the  manner  following,  to  wit : 

Thirty-seven  Thousand  Nine  Hundred  Dollars,  part  there- 
of, on  the  first  day  of  October,  One  Thousand  Nine  Hundred  v^'hen  due. 
and  Twenty-five,  and  Thirty-seven  Thousand  One  Hundred 
Dollars,  balance  thereof  on  the  first  day  of  April,  One  Thou- 
sand Nine  Hundred  and  Twenty-six.    Such  bonds  shall  be  de- 

■^  .  Interest, 

nominated  ' '  Wilmington  City  Bonds, ' '  and  shall  bear  interest  rate  of. 
at  the  rate  not  exceeding  four  per  cent,  per  annum,  payable 
semi-annuallj'  on  the  first  day  of  April  and  October  in  each  payable. 
and  every  year  after  the  date  of  the  issue  thereof;  and  shall 
be  signed  by  the  iNlayor  and  countersigned  by  the  City  Treas- 
urer and  City  Auditor  in  the  same  manner  as  other  City 
bonds,  and  the  record  thereof  kept  by  the  City  Auditor  and 
City  Treasurer  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  the 
Sinking  Fund  Commissioners  are  liereby  authorized  and  di- 
rected immediately  after  the  issuance  of  the  bonds  provided  Authority 

to  dispose  of. 

for  by  this  ordinance  to  sell  and  dispose  of  the  same  to  the 
highest  and  best  bidder  therefor,  and  to  the  best  advantage  of 
the  City,  and  the  proceeds  of  such  sale,  (though  not  the  pre- 
miums arising  therefrom),  shall  be  received  by  the  Board  of  Proceeds  of. 
Directors  of  the  Street  and  Sewer  Department,  and  shall  be 
placed  upon  special  deposit  to  the  credit  of  said  Department 
in  such  bank  or  trust  company  in  the  City  of  Wilmington  as 


682  ORDINANCES. 

shall  be  determined  by  the  said  Board.  All  orders  or  warrants 
for  the  payment  of  money  to  be  drawn  against  said  fund  shall 
be  signed  by  the  President  of  said  Board  and  countersigned 
by  the  City  Treasurer  and  City  Auditor,  and  shall  have  speci- 
fied thereon  the  words,  ' '  Silverbrook  Sewer,  the  elimination  of 
grade  crossings  and  paving  and  improving  the  streets  and  ave- 
nues."  No  warrant  or  order  for  the  paj^ment  of  money  shall 
be  drawn  against  said  fund  except  it  is  for  the  payment  for 
work  done  in  the  construction  of  the  Silverbrook  sewer,  the 
elimination  of  grade  crossings  and  the  paving  and  improve- 
ment of  the  streets  and  avenues  of  tlie  City  of  Wilmington. 

Passed  at  the  City  Hall,  June  3,  A.  D.  1897. 


AN  ORDINANCE  to  Provide  for  the  Borrowing  of  Fifty 
Thousand  Dollars  for  the  Construction  of  the  Silverbrook 
Sewer,  the  Elimination  of  Grade  Crossings  of  Railroads, 
and  the  Improvement  of  .the  Streets  and  Avenues  of  the 
City  of  Wilmington. 

WherexVS,   By  an  Act    of   the    General  Assembly  of  the 
General  ^^^^^  ^f  Delaware  passed  at  Dover,  ^May  15th,  A.  D.  1897,  the 

Assembly.  < ' The  ]\Iayor  and  Council  of  Wilmington,"  was  authorized  and 
empowered  to  borrow  by  ordinance  of  the  Council,  the  sum  or 
sums  of  money  not  exceeding  in  the  aggregate,  one  Hundred 
and  Twenty-five  Thousand  Dollars  ($125,000),  to  be  appropri- 
ated, applied  and  expended  for  the  construction  of  the  Silver- 
brook sewer,  the  elimination  of  grade  crossings  of  railroads, 
and  the  improvements  of  the  streets  and  avenues  of  the  City 
of  Wilmington,  and  to  issue  bonds  of  the  said  the  ' '  The  Mayor 
and  Council  of  Wilmington,"  for  the  payment  thereof  with 
interest  at  such  times  and  in  such  manner  as  the  said  Council 
by  ordinance  shall  prescribe  and  appoint,  and 

Whereas,  It  was  further  provided  hx  said  Act  that  any 
and  all  sums  of  money  borrowed  under  the  authority  of  said 
Act  shall  be  borrowed  by  the  said  the  ' '  The  ]\Iayor  and  Coun- 
cil of  Wilmington,"  at  such  time  and  in  such  amounts  as  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of  the 
City  of  Wilmington  may  direct;  Provided  that  in  no  event 


ORDINANCES.  683 

shall  the  amount  to  be  borrowed  under  the  provisions  of  said 
Act  exceed  the  sum  of  Seventy-five  Thousand  Dollars  in  any 
one  year,  and, 

Whereas,  The  said  Board  of  Directors  of  the  Street  and 
Sewer  Department  in  conformity  with  the  provisions  of  said 
Act,  did  on  the  third  day  of  January,  A.  D.  1898,  request  the 
' '  The  Mayor  and  Council  of  Wilmington, ' '  to  provide  by  ordi- 
nance for  the  borrowing  of  Fifty  Thousand  Dollars  ($50,000), 
for  the  3^ear  1898,  for  the  construction  of  the  Silverbrook 
sewer,  the  elimination  of  grade  crossings  of  railroads,  and  the 
improvement  of  the  streets  and  avenues  of  the  City  of  Wil- 
mington ;  and  to  authorize  the  issuance  of  bonds  of  the  said 
the  "The  Mayor  and  Council  of  Wilmington,"  for  the  pay- 
ment of  the  sum  of  money  so  to  be  borrowed  and  kept,  of 
which  said  request  has  been  presented  to  the  Council  and  filed 
among  the  records  thereof;  therefore  in  pursuance  and  by 
virtue  of  the  power  and  authority  of  the  Act  of  the  General 
Assembly  in  that  behalf, 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  ' '  The  Mayor  Authority 

f        to  issue 

and  Council  of  Wilmington,"  bonds  to  the  amount  of  Fifty ''o"<^^- 

Thousand  Dollars   ($50,000)    in  the  aggregate.     Such  bonds 

shall  be  issued  each  for  the  sum  of  Fifty  Dollars  ($50.00),  or  ^j^ountof 

multiples  thereof,  and  shall  fall  due  and  be  made  payable  in 

the  manner  following,  to  wit: 

Twenty-nine    Thousand    Four    Hundred    Dollars,    part  when 
thereof,  on  the  first  day  of  April,  One  Thousand  Nine  Hun-  ^^^^^ 
dred  and  Twenty-six,  and  Twentj'  Thousand  Six  Hundred 
Dollars,  balance  thereof  on  the  first  day  of  October,  One  Thou- 
sand Nine  Hundred  and  Twenty-six.    Such  bonds  shall  be  de- 
nominated "Sinking  Fund  Four  Per  Cent.  Loan,"  and  shall 
bear  interest  at  the  rate  of  four  per  cent,  per  annum,  paj^able  rate  of. ' 
semi-annually  on  the  first  day  of  April  and  October  in  each 
and  every  year  after  the  date  of  the  issue  thereof;  and  shall 
be  signed  by  the  Mayor  and  countersigned  by  the  City  Treas- 


684 


ORDINANCES. 


Proceeds. 
Premiums. 

For  Street 
and  Sewer 
Department. 


For  what 

purpose 

issued. 


urer  and  City  Auditor  in  the  same  manner  as  other  City 
bonds,  and  the  record  thereof  kept  by  the  City  Auditor  and 
the  Citj^  Treasurer  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  Com- 
missioners of  the  Sinking  Fund  are  hereby  authorized  and  di- 
rected immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance  to  sell  and  dispose  of  the  same  to  the 
highest  and  best  bidder  therefor,  and  to  the  best  advantage  of 
the  City,  and  the  proceeds  of  such  sale  (but  not  the  premiums 
arising  therefrom),  shall  be  received  by  the  Board  of  Directors 
of  the  Street  and  Sewer  Department,  and  shall  be  placed  upon 
special  deposit  to  the  credit  of  said  Department  in  such  bank 
or  trust  company  in  the  City  of  Wilmington  as  shall  be  deter- 
mined by  the  said  Board.  All  orders  or  warrants  for  the  pay- 
ment of  money  to  be  dra"OTi  against  said  fund  shall  be  signed 
by  the  President  of  said  Board  and  countersigned  by  the  City 
Treasurer  and  City  Auditor,  and  shall  have  specified  thereon 
the  words,  "Silverbrook  Sewer,  the  elimination  of  grade 
crossings  and  paving  and  improving  the  streets  and  avenues." 
No  warrant  or  order  for  the  payment  of  money  shall  be  drawn 
against  said  fund  except  it  is  for  the  payment  for  work  done 
in  the  construction  of  the  Silverbrook  sewer,  the  elimination 
of  grade  crossings  and  the  paving  and  improvement  of  the 
streets  and  avenues  of  the  City  of  Wilmington. 

Passed  at  the  City  Hall,  April  14,  1898. 


Preamble. 


AN  ORDINANCE  to  Provide  for  the  Borrowing  of  Fifty 
Thousand  Dollars  for  the  Benefit  of  the  Mayor  and  Coun- 
cil of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  Authorize  the  Mayor 
and  Council  of  Wilmington  to  borrow  the  sum  of  Fifty  Thou- 
sand Dollars  and  to  issue  Sinking  Fund  Bonds  in  payment 
thereof,"  approved  the  ninth  day  of  March,  A.  D.  1901,  the 
Mayor  and  Council  was  authorized  and  empowered  to  borrow 
by  ordinance  of  the  Council  the  sum  of  Fifty  Thousand  Dol- 
lars, and  of  the  sum  of  Fifty  Thousand  Dollars  the  sum  of 


ORDINANCES.  685 

Fifteen  Hundred  and  Fifty  Dollars  ($1,500),  shall  be  appro- 
priated, applied  and  expended  by  said  Council  in  paying  off 
and  liquidating  a  certain  bond  and  mortgage  of  said  amount  ^e*^rti1n^bond 
held  by  Elizabeth  S.  Taylor  against  the  premises  in  the  said  lagj^"^*' 
City  of  Wilmington,  known  as  Public  School  No.  9,  and  the  re- 
maining sum  or  whatever  amount  may  be  necessary  shall  be 
applied  and  expended  by  the  Council  to  the  liquidation  of  the 
present  floating  indebtedness  of  the  City. 

Therefore  be  it  ordained,  By  the  Council  of  Wilming- 
ton. 

Section  1.  That  immediately^  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Fifty  Thou- 
sand Dollars  ($50,000).  Such  bonds  shall  be  issued  each  forissue bonds 
the  sum  of  Fifty  Dollars  ($50)  or  multiples  thereof,  and  shall  amount  of 
fall  due  and  be  made  paj^able  in  the  manner  following,  to  wit : 
Twenty-four  Thousand  Dollars  ($24,000)  part  thereof  on  the 
first  day  of  October,  One  Thousand  Nine  Hundred  and  Thir-  when  due 

T  m  -mi  n  -r^   m  f>         and  payable. 

teen,  and  Twenty-six  Thousand  Dollars  the  balance  thereof  on 
the  first  day  of  October,  One  Thousand  Nine  Hundred  and 
Twenty-six.    Said  bonds  shall  be  denominated  ' '  Sinking  Fund  Denomi- 

nated. 

four  per  cent,  loan,"  and  shall  bear  interest  at  the  rate  of  four  .^^^^  ^^  ^^_ 
per  centum  per  annum,  payable  semi-annually  on  the  first  day  how^Daid*^ 
of  April  and  the  first  day  of  October  in  each  and  every  year 
after  the  date  of  the  issue  thereof ;  and  shall  be  signed  by  the  ^°"^  signed. 
Mayor  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor in  the  same  manner  as  other  city  bonds,  and  the  record  Records 
thereof  kept  by  the  City  Treasurer  and  City  Auditor  respec-  ^*^p*- 
tively. 

Sec.  2.     The  Finance  Committee  of  the  Council  and  the  ^^ 

How 

Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and  dispose  of. 

directed  immediately  after  the  issuance  of  the  bonds  provided 

for  by  this  ordinance  to  sell  and  dispose  of  the  same  to  the  ^  ^.  ^    ^ 

■'  ^  To  highest 

highest  and  best  bidder  therefor,  and  to  the  best  advantage  of  (^pA^^®^* 

°  '  °  bidder. 

the  City ;  and  the  proceeds  of  such  sale  shall  be  received  by  the  Proceeds 

of  sale. 


686 


ORDINANCES. 


Act  of 

General 

Assembly. 


City  Treasurer  and  be  placed   by   him   to   the   credit  of  The 
Mayor  and  Council  of  Wilmington. 

Passed  at  the  City  Hall,  April  11,  1901. 


Proviso. 

To  borrow 
upon  recom- 
mendation 
Board  of 
Park  Com- 
missioners. 


To  be  ap- 
plied and  ex- 
pended un- 
der charge 
of  Park 
Commis- 
sioners. 


AN  ORDINANCE  for  the  Borrowing  of  Fifteen  Thousand 
Dollars  to  he  Applied  and  Expended  Under  the  Charge  of 
the  Board  of  Park  Commissioners  of  the  City  of  Wilming- 
ton. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "A  further  supplement  to  an  Act 
entitled  an  Act  to  provide  for  public  parks  for  the  use  of  the 
City  of  Wilmington,  and  its  vicinity,"  passed  March  13th, 
1883,  approved  the  twenty-first  day  of  March,  A.  D.  1901,  the 
Mayor  and  Council  of  Wilmington  was  empowered  to  borrow 
a  sum  or  sums  not  exceeding  in  the  aggregate  Fifty  Thousand 
Dollars  ($50,000),  to  be  applied  and  expended  under  the 
charge  of  the  Board  of  Park  Commissioners  of  the  said  City 
for  the  purpose  of  improving  the  parks,  and  a  sum  or  sums  not 
exceeding  in  the  aggregate  Thirty  Thousand  Dollars 
($30,000)  for  the  purchase  or  acquisition  in  the  manner  au- 
thorized in  the  Act,  to  which  this  is  a  supplement,  of  lands  to 
be  used  as  additions  to  said  parks. 

And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  of  money  borrowed  under  authority  of  said 
Act  should  be  borrowed  upon  the  recommendation  of  the  said 
Board  of  Park  Commissioners. 

And  Whereas,  Said  Board  of  Park  Commissioners  in 
conformity  with  the  provisions  of  said  Act  have  filed  a  written 
recommendation  w^herein  said  Board  requests  the  Mayor  and 
Council  of  Wilmington,  to  provide  for  the  borrowing  of  Twen- 
ty-five Thousand  Dollars  ($25,000),  to  be  applied  and  ex- 
pended under  the  charge  of  the  said  Board  of  Park  Commis- 
sioners for  the  purpose  of  improving  the  parks ;  and  to  author- 
ize the  issuance  of  bonds  of  the  said  ]\Iayor  and  Council  of 
Wilmington  for  the  payment  of  the  sum  of  money  so  bor- 


ORDINANCES.  687 

rowed,  which  reeonimenclation  has  been  presented  to  the  Coun- 
cil and  filed  among  the  records  thereof. 

Therefore,  In  pursuance  and  by  authority  of  the  power 
and  authority  of  the  Act  of  the  General  Assemby  in  that  be- 
half. 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.     That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  AVilniington,  bonds  to  the  amount  of  Fifteen  Thou-  Authority 
sand  Dollars.     Such  bonds  shall  be  issued,  each,  for  the  sum  bondTfo 
of  Fifty  Dollars  ($50)  or  multiples  thereof,  and  shall  fall  due  ^^o.^  °^ 
and  be  made  payable  on  the  first  day  of  October,  One  Thou-  f  J^^  be^^^  '^"^ 
sand  Nine  Hundred  and  Twenty-six ;  such  bonds  shall  be  de-  payable. 
nominated  ' '  Sinking  Fund  four  per  cent,  loan, ' '  and  shall  jj^^gj,gg(. 
bear  interest  at  the  rate  of  four  per  centum  per  annum  pay-  ,y^gj^ 
able  semi-annually  on  the  first  day  of  April  and  the  first  da.y  payable. 
of  October  of  each  and  every  year,  after  the  issue  thereof,  and 
shall  be  signed  by  the  Mayor,  countersigned  by  the  City  Treas-  By-^hom 
urer  and  City  Auditor  in  the  same  manner  as  other  city  bonds,  signed. 
and  a  record  thereof  kept  by  the  City  Treasurer  and  City  Au-  Record  kept. 
ditor  respectively. 

Sec.  2.     The  Finance  Committee  of  the  Council  and  the 

p  rM-       •  •  1        •       T  T  Authority 

Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and  to  dispose  of. 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance  to  sell  and  dispose  of  the  same  to  the    . 

Dispose  of 

highest  and  best  bidder  therefor  and  to  the  best  advantage  of  to  highest 

'^  °  and  best 

the  City,  and  the  proceeds  of  such  sale,  but  not  the  premiums  bidder. 
arising  therefrom,  shall  be  .received  by  the  Citv  Treasurer  and  „ 

.  .  .  ".      .  Subject  to 

be  bv  hini  made  the  subject  of  a  special  deposit  in  such  bank  special  de- 

'  .  ■  t  ■  f-  r>        1         r>  posit  for  im- 

at  "Wilmington  as  shall  be  the  depository  of  the  funds  of  the  provement 
City,  and  shall  only  be  drawn  therefrom  upon  the  proper  war-  parks. 
rant  of  the  Council  for  the  improvement  of  the  public  parks. 

Passed  at  the  City  Hall,  May  2,  1901. 


688  ORDINANCES. 

AN  ORDINANCE  for  the  Borrowing  of  Twenty-five  TJiou- 
saud  Dollars  for  the  Abolition  of  Grade  Crossings  of  Rail- 
roads, for  the  Improvement  of  Streets  and  for  the  Exten- 
sion of  Sewers  in  the  City  of  Wilmington. 

Whereas,    By  an  Act  of  the  General  Assembly  of  the 
General  State  of  Delaware,  entitled  "An  Act  to  authorize  the  Mayor 

Assembly. 

and  Council  of  Wilmington  to  borrow  a  certain  sum  of  money 
for  the  elimination  of  grade  crossings  of  railroads,  and  for  the 
improvement  of  streets  and  avenues  and  construction  of  sew- 
ers in  the  City  of  Wilmington,  Delaware, ' '  approved  the  four- 
teenth day  of  March,  A.  D.  One  Thousand  Nine  Hundred  and 
One,  The  i\Iayor  and  Council  of  Wilmington  was  authorized 
and  empowered  to  borrow  by  ordinance  of  the  Council  the  sum 
of  Fifty  Thousand  Dollars  ($50,000),  to  be  appropriated,  ap- 
Appjj^ed^and  pijed  and  expended  in  the  discretion  of  the  Board  of  Directors 
discretion  of.  ^f  ^jjg  ^^^^^  Qi^y  of  Wilmington,  for  the  abolition  of  grade 
crossings  of  railroads  within  the  limits  of  the  City  of  Wilming- 
ton, and  for  the  opening,  widening,  paving  and  improving  the 
streets,  avenues,  lanes  or  alleys,  and  for  the  extension  of  the 
authorized  sewer  system  provided  for  and  in  the  said  City  of 
Wilmington. 

futhoHty  o?  ^ND  Whereas,  It  was  further  provided  by  said  Act  that 

any  and  all  sums  of  money  borrowed  under  the  authority  of 
said  Act  shall  be  borrowed  by  the  jMayor  and  Council  of  Wil- 
mington at  such  times  arid  in  such  amounts  as  the  said  Board 
of  Directors  of  the  Street  and  Sewer  Department  may  decide 
and  direct;  provided  that  the  amount  to  be  borrowed  under 
the  provisions  of  said  Act  shall  not  exceed  the  sum  of  Twenty- 

S'cUd.  five  Thousand  Dollars  ($25,000)  in  any  one  calendar  year. 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 

and  Sewer  Department  in  conformity  with  the  provisions  of 

To  borrow      said  Act  have  filed  a  written  request,  or  direction,  wherein 

by  direction  ,       ^,  -,    ^,  ■-,       r-  -t-.T-i      •       i         ±. 

of.  said  Board  directs  the  ]\layor  and  Council  of  \\  ilmmgton  to 

provide  for  the  borrowing  of  Twenty-five  Thousand  Dollars 
($25,000)  for  the  purposes  aforesaid,  for  the  calendar  year 
One  Thousand  Nine  Hundred  and  One,  and  to  authorize  the 
issuance  of  bonds  of  the  said  Mayor  and  Council  of  Wilming- 


ORDINANCES.  689 

ton  for  the  payment  of  the  sum  of  money  so  to  be  borrowed 
Avhich  said  request  or  direction  has  been  presented  to  the 
Council  and  filed  among  the  records  thereof. 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf. 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.     That  immediately  after  the  passage  of  this 
ordinance,  there  shall  be  issued  in  the  name  of  the  Mayor  and  Authority  to 

—  issuG  bonds 

Council  of  Wilmington,  bonds  to  the  amount  of  Twenty-five 
Thousand  Dollars  ($25,000),  such  bonds  shall  be  issued  each  Amount. 
for  the  sum  of  Fifty  Dollars  ($50)  or  multiplies  thereof,  and 
the  total  amount  thereof  being  Twenty-five  Thousand  Dollars 
($25,000),  shall  fall  due  and  be  made  payable  on  the  first  day  due  and  be 
of  April,  A.  D.  One  Thousand  Nine  Hundred  and  Twenty- 
seven.    Such  bonds  shall  be  denominated  ' '  Sinking  Fund  four  Denomi- 
per  cent,  loan,"  and  shall  bear  interest  at  the  rate  of  four  per  ^^^^^^.^3^. 
centum  per  annum,  payable  semi-annually,  on  the  first  day  of  ^'^^\. 
April  and  the  first  day  of  October  in  each  year  and  every  year 
after  the  date  of  the  issue  thereof,  and  shall  be  signed  by  the  By  whom 

'  ^  ''  signed. 

Mayor  and  countersigned  by  the  City  Treasurer  and  City  Au: 
ditor  in  the  same  manner  as  other  city  bonds,  and  the  record  Record  kept. 
thereof  kept  by  the  City  Treasurer  and  City  Auditor  respec- 
tively. 

Sec.  2.     The  Finance  Committee  of  the  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  ^   .  , 

°  "^  To  issue  and 

and  directed  immediately  after  the  issuance  of  the  bonds  pro-  dispose  of 
vided  for  by  this  ordinance,  to  sell  and  dispose  of  the  same  to  °r",'~^  T    .  "" 

•^  '  ^  To  highest 

the  highest  and  best  bidder,  therefor,  and  to  the  best  advan-  and  best 

°  '  '  bidder. 

tage  of  the  City,  and  the  proceeds  of  such  sale,  but  not  the  pre-  proceeds. 

mium  arising  therefrom,  shall  be  received  by  the  said  Board  Premiums. 

of  Directors  of  the  Street  and  Sewer  Department,  and  shall  be  and  sewer 

placed  upon  special  deposit  to  the  credit  of  said  Board  of  Di-    ^"^^^  '"^"  ' 

•  7  1      1  •!/-<•        <>  TTT-i     •        Special  de- 

rectors,  m  such  bank  or  trust  company  m  the  City  or  Wilmmg-  posit. 

ton  as  shall  be  determined  upon  by  said  Board.    All  orders  or  orders. 

warrants  for  the  payment  of  money  to  be  drawn  against  said 

fund,  shall  be  signed  by  the   President   of  said   Board,  and 


690 


ORDINANCES. 


By  whom 
signed. 


Restriction. 


At  discre- 
tion of 
Board  of 
Directors. 


countersigned  by  the  City  Treasurer  and  City  Auditor,  and 
no  warrant  or  order  for  the  payment  of  money  shall  be  drawn 
against  such  funds,  except  such  order  or  warrant  is  for  pay- 
ment for  work  done  upon  or  about  the  improvements  provided 
for  in  said  Act;  provided,  Iwivever,  further,  that  it  shall  be 
discretionary  with  said  Board  of  Directors  of  the  Street  and 
Sewer  Department  as  to  which  improvement  or  improvements, 
any,  or  all  such  money  or  moneys,  shall  be  applied. 

Passed  at  the  City  Hall,  IMay  2,  1901. 


AN  ORDINANCE  for  the  Borrowing  of  Twenty -five  Thou- 
sand Dollars  for  the  Aholition  of  Grade  Crossings  of  Rail- 
roads, for  the  Improvements  of  Streets  and  for  the  Ex- 
tension of  Sewers  in  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  Authorize  the  Mayor 
and  Council  of  Wilmington  to  borrow  a  certain  sum  of  money 
for  the  elimination  of  grade  crossings  of  railroads,  and  for 
the  improvement  of  streets  and  avenues  and  construction  of 
sewers  in  the  City  of  Wilmington,  Delaware,"  approved  the 
fourteenth  day  of  March,  A.  D.  One  Thousand  Nine  Hundred 
and  One.  The  Mayor  and  Council  of  Wilmington  was  author- 
ized and  empowered  to  borrow  by  ordinance  of  the  Council 
the  sum  of  Fifty  Thousand  Dollars  ($50,000)  to  be  appropri- 
ated, applied  and  expended  in  discretion  of  the  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department  of  the  City  of 
Wilmington,  for  the  abolition  of  grade  crossings  of  railroads 
within  the  limits  of  the  City  of  Wilmington,  and  for  the  open- 
ing, widening,  paving  and  improving  the  streets,  avenues, 
lanes  or  alleys  and  for  the  extension  of  the  authorized  sewer 
system  provided  for  and  in  the  said  City  of  Wilmington. 

And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  of  money  borrowed  under  the  authority  of 
said  Act  shall  be  borrowed  by  the  IMayor  and  Council  of  Wil- 
mington at  such  times  and  in  such  amounts  as  the  said  Board 
of  Directors  of  the  Street  and  Sewer  Department  may  decide 
and  direct ;  provided  that  the  amount  to  be  borrowed  under 


ORDINANCES.  691 

the  provisions  of  said  Act  shall  not  exceed  the  sum  of  Twenty- 
five  Thousand  Dollars  ($25,000)  in  any  one  calendar  year. 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformity  with  the  provisions  of 
said  Act  have  filed  a  written  request,  or  direction,  wherein  said 
Board  directs  the  Mayor  and  Council  of  AVilmington  to  pro- 
vide for  the  borrowing-  of  Twenty-five  Thousand  Dollars 
($25,000)  for  the  purposes  aforesaid,  for  the  calendar  year 
One  Thousand  Nine  Hundred  and  Two,  and  to  authorize  the 
issuance  of  bonds  of  the  said  IMayor  and  Council  of  AVilming- 
ton for  the  payment  of  the  sum  of  money  so  borrowed  which 
said  request  or  direction  has  been  presented  to  the  Council  and 
filed  among  the  records  thereof. 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf. 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.     That  immediately  after  the  passage  of  this  Bonds  to  be 
ordinance,  there  shall  be  issued  in  the  name  of  the  Mayor  and  $25,000. . 
Council  of  AVilmington,  bonds  to  the  amount  of  Twenty-five 
Thousand  Dollars  ($25,000),  such  bonds  shall  be  issued  each 
for  the  sum  of  Fifty  Dollars  ($50)  or  multiples  thereof,  and 
the  total  amount  thereof  being  Twenty-five  Thousand  Dollars 
($25,000)  shall  fall  due  and  be  made  payable  on  the  first  day 
of  April,  A.  D.  One  Thousand  Nine  Hundred  and  Twenty- 
seven.    Such  bonds  shall  be  denominated  "Sinking  Fund  four  ^^fnt®' pg?®'' 
per  cent,  loan,"  and  shall  bear  interest  at  the  rate  of  four  per  annum, 
centum  per  annum,  payable  semi-annually,  on  the  first  day  of 
April  and  the  first  day  of  October  in  each  and  every  year 
after  the  date  ©f  the  issue  thereof,  and  shall  be  signed  by  the 
]\Iayor  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor in  the  same  manner  as  other  city  bonds,  and  the  record 
thereof  kept  by  the  City  Treasurer  and  City  Auditor  respec- 
tively. 

Sec.  2.     The  Finance  Committee  of  the  Council  and  the  Se"''^!^  ""^ 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized 


692  ORDINANCES. 

and  directed  immediately  after  the  issuance  of  the  bonds,  pro- 
vided for  by  this  ordinance,  to  sell  and  dispose  of  the  same  to 
the  highest  and  best  bidder  therefor,  and  to  the  best  advan- 
tage of  the  City,  and  the  proceeds  of  such  sale,  but  not  the 
not  Tog?  to    pi'emiums  arising  therefrom,    shall    be   received  by  the  said 
lewerDe^      Board  of  Directors  of  the  Street  and  Sewer  Department,  and 
partment.      shall  be  placed  upon  special  deposit  to  the  credit  of  said  Board 
of  Directors,  in  such  bank  or  trust  company,  in  the  City  of 
Wilmington  as  shall  be  determined  upon  bj^  said  Board.     All 
Warrants.      orders  or  warrants  for  the  payment  of  mone^^  to  be  drawn 
against  said  fund,  shall  be  signed  by  the  President  of  said 
Board,  and  countersigned  by  the  City  Treasurer  and  City 
Auditor,  and  no  warrant  or  order  for  the  payment  of  money 
shall  be  drawn  against  such  funds,  except  such  order  or  war- 
rant is  for  payment  for  work  done  upon  or  about  the  improve- 
ments provided  for  in  said  Act;  provided,  however,  further, 
Expenditure  ^^^^  ^^  shall  be  discretionary  with  said  Board  of  Directors  of 
discretion-     ^^g  Street  and  Sewer  Department  as  to  which  improvement  or 
improvements,  any,  or  all  such  money  or  moneys,  shall  be  ap- 
plied. 

Approved  by  the  ^Nlayor,  IMay  10,  1902. 


AN  ORDINANCE  Providing  for  the  Borrowing  of  Fifteen 
Tlionsand  Dollars  to  he  Applied  and  Expended  Under  thfi 
Charge  of  the  Board  of  Park  Commissioners  of  the  City 
of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "A  further  supjilement  to  an  Act 
entitled  an  Act  to  provide  for  public  parks  for  the  use  of  the 
City  of  Wilmington,  and  its  vicinity,"  passed  March  13th, 
1883,  approved  the  twenty-first  day  of  March,  1901,  the  Mayor 
and  Council  of  Wilmington  was  empowered  to  borrow  a  sum 
or  sums  not  exceeding  in  the  aggregate  Fifty  Thousand  Dol- 
lars ($50,000),  to  be  applied  and  expended  under  the  charge 
of  the  Board  of  Park  Commissioners  of  the  said  City  for  the 
purpose  of  improving  the  parks,  and  a  sum  or  sums  riot  exceed- 
ing in  the  aggregate  Thirty  Thousand  Dollars  ($30,000),  for 
the  purchase  or  acquisition  in  the  manner  authorized  in  the 


ORDINANCES.  693 

Act,  to  which  this  is  a  supplement,  of  lands  to  be  used  as  addi- 
tions to  said  parks. 

And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  of  money  borrowed  under  authority  of  said 
Act  should  be  borrowed  upon  the  recommendation  of  the  said 
Board  of  Park  Commissioners. 

And  Whereas,  Said  Board  of  Park  Commissioners  in 
conformity  with  the  provisions  of  said  Act  have  filed  a  writ- 
ten recommendation  wherein  said  Board  requests  the  ^Nlayor 
and  Council  of  Wilmington,  to  provide  for  the  borrowing  of 
Fifteen  Thousand  Dollars  ($15,000),  to  be  applied  and  ex- 
pended under  the  charge  of  the  said  Board  of  Park  Commis- 
sioners for  the  purpose  of  impro^dng  the  parks;  and  to  au- 
thorize the  issuance  of  bonds  of  the  said  Mayor  and  Council  of 
Wilmington  for  the  payment  of  the  sum  of  money  so  borrowed, 
which  recommendation  has  been  presented  to  the  Council  and 
filed  among  the  records  thereof. 

Therefore,  In  pursuance  and  by  authority  of  the  power 
and  authority  of  the  Act  of  the  General  Assembly  in  that  be- 
half. 

Be  it  ordained.  By  the  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this  ^gyel  f °i.^^® 
ordinance  there  shall  be  issued  in  the  name  of  the  jMayor  and  *5*''*^o*'- 
Council  of  Wilmington,  bonds  to  the  amount  of  Fifteen  Thou- 
sand Dollars.  Such  bonds  shall  be  issued  each  for  the  sum  of 
Fifty  Dollars  ($50.00)  or  multiples  thereof,  and  shall  fall  due 
and  be  made  paj'able  in  the  manner  following,  to  wit:  One 
or  more  of  said  bonds  for  the  aggregate  sum  of  Six  Thousand 
Nine  Hundred  Dollars  ($6900.00)  on  the  first  day  of  October, 
A.  D.  One  Thousand  Nine  Hundred  and  Twenty-six;  and  one 
or  more  bonds  for  the  aggregate  sum  of  Eight  Thousand  One 
Hundred  Dollars  ($8100.00)  on  the  first  day  of  April,  One 
Thousand  Nine  Hundred  and  Twenty-seven ;  such  bonds  shall 
be  denominated  "Sinking  Fund  four  per  cent,  loan,"  and  „  .     , 

°  '^  ■  Rate,  4  per 

shall  bear  interest  at  the  rate  of  four  per  centum  per  annum  cent,  per 

^  ^  annum. 


694 


Sinking 
Fund. 


Manner  of 
sale. 


ORDINANCES. 

payable  semi-annually  on  the  first  day  of  April  and  the  first 
day  of  October  of  each  and  every  year,  after  the  issue  thereof, 
and  shall  be  signed  by  the  Mayor,  countersigned  by  the  City 
Treasurer  and  City  Auditor  in  the  same  manner  as  other  City 
bonds,  and  a  record  thereof  kept  by  the  City  Treasurer  and 
City  Auditor  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance  to  sell  and  dispose  of  the  same  to  the 
highest  and  best  bidder  therefor  and  to  the  best  advantage  of 
the  City,  and  the  proceeds  of  such  sale,  but  not  the  premiums 
arising  therefrom,  shall  be  received  by  the  City  Treasurer  and 
be  by  him  made  the  subject  of  a  special  deposit  in  such  bank 
at  Wilmington  as  shall  be  the  depository  of  the  funds  of  the 
City,  and  shall  only  be  drawn  therefrom  upon  the  proper  war- 
rant of  the  Council  for  the  improvement  of  the  public  parks. 

Approv?;d  by  the  Mayor,  May  10,  1902. 


AX  OBDiyASCE  Providing  for  the  Borrowing  of  Thirty 
Thousand  Dollars  to  he  Applied  and  Expended  Under  the 
Charge  of  the  Board  of  Park  Commissioners  of  the  City 
of  Wilmington  for  the  Purchase  of  Park  Land  for  Park 
Purposes. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "A  further  supplement  to  an  Act 
entitled  an  Act  to  provide  for  public  parks  for  the  use  of  the 
City  of  AVilmington,  and  its' vicinity. "  passed  INIarch  13th, 
1883,  approved  the  twenty-first  day  of  Llarch,  A.  D.  1901,  the 
Mayor  and  Council  of  Wilming-ton  was  empow^ered  to  borrow 
a  sum  or  sums  not  exceeding  in  the  aggregate  Fifty  Thousand 
Dollars  ($50,000),  to  be  applied  and  expended  under  the 
charge  of  the  Board  of  Park  Commissioners  of  the"  said  City 
for  the  purpose  of  improving  the  parks,  and  a  sum  or  sums  not 
exceeding  in  the  aggregate  Thirty  Thousand  Dollars  ($30,000) 
for  the  purchase  or  acquisition  in  the  manner  authorized  in 


ORDINANCES.  695 

the  Act,  to  which  this  is  a  supplement,  of  lands  to  be  used  as 
additions  to  said  pai'ks,  and, 

Whereas,  It  was  further  provided  by  said  Act  that  any 
and  all  sums  of  money  borroAved  under  authority  of  said  Act 
should  be  borrowed  upon  recommendation  of  the  said  Board  of 
Park  Commissioners ;  and. 

Whereas,  Said  Board  of  Park  Commissioners  in  con- 
formity with  the  provisions  of  said  Act  have  filed  a  written 
recommendation  wherein  said  Board  requests  the  Mayor  and 
Council  of  Wilmington  to  provide  for  the  borrowing  of  Thirty 
Thousand  Dollars  ($30,000),  to  be  applied  and  expended  un- 
der the  charge  of  the  said  Board  of  Park  Commissioners  for 
the  purpose  of  purchasing  land  for  park  purposes ;  and  to  au- 
thorize the  issuance  of  bonds  of  the  said  Mayor  and  Council 
of  Wilmington  for  the  pajanent  of  the  sum  so  borrowed,  which 
recommendation  has  been  presented  to  the  Council  and  filed 
among  the  records  thereof. 

Therefore,  In  pursuance  and  by  authority  of  the  power 
and  authority  of  the  xVct  of  the  General  Asesmbly  in  that  be- 
half. 

Be  it  ordained,  By  the  Council  of  Wilmington. 

Section  1.     That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Thirty  Thou-  Bonds  to  be 
sand  Dollars  ($30,000) .    Such  bonds  shall  be  issued,  each,  for  gt»"ooo.^'''" 
the  sum  of  Fifty  Dollars   ($50.00)   or  multiples  thereof  and 
shall  fall  due  and  be  made  payable,  in  the  following  manner : 
Twelve  Thousand  Four  Hundred  Dollars    ($12,400)    on  the  S-Ifg^^® '" 
first  day  of  April,  One  Thousand  Nine  Hundred  and  Twenty- 
seven,     and     Seventeen     Thousand     Six     Hundred     Dollars 
($17,600)   on  the  first  day  of  October,  One  Thousand  Nine 
Hundred  and  Twenty-seven ;  such  bonds  shall  be  denominated 
"Sinking  Fund  four  per  cent,  loan,"  and  shall  bear  interest 
at  the  rate  of  four  per  centum  per  annum  payable  semi-an-  pund"^ 
nualh^  on  the  first  day  of  April  and  the  first  day  of  October  of 


696 


ORDINANCES. 


Sale  by- 
Finance 
Committee. 


Disposition 
of  proceeds. 


each  and  every  year,  after  the  issue  thereof,  and  shall  be 
signed  by  the  Mayor,  countersigned  by  the  City  Treasurer  and 
City  Auditor  in  the  same  manner  as  other  City  bonds,  and  a 
record  thereof  kept  by  the  City  Treasurer  and  the  City  Audi- 
tor respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance  to  sell  and  dispose  of  the  same  to  the 
highest  and  best  bidder  therefor  and  to  the  best  advantage  of 
the  City,  and  the  proceeds  of  such  sale,  but  not  the  premiums 
arising  therefrom,  shall  be  received  by  the  City  Treasurer  and 
be  by  him  made  the  subject  of  a  special  deposit  in  such  bank 
at  Wilmington  as  shall  be  the  depository  of  the  funds  of  the 
City,  and  shall  only  be  drawn  therefrom  upon  the  proper  war- 
rant of  the  Council  for  the  purchase  of  land  for  park  pur- 
poses. 

Approved  by  the  Mayor,  December  26,  1902. 


AN  ORDINANCE  for  the  Borrowing  of  Fifty  Thousand  Dol- 
lars for  the  Abolition  of  Grade  Grossiiigs  of  Bailroads,  for 
the  Improvement  of  Streets,  and  for  the  Extension  of 
Sewers  in  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  authorize  The  Mayor 
and  Council  of  Wilmington  to  borrow  a  certain  sum  of  money 
for  the  elimination  of  grade  crossings  of  railroads  and  for  the 
improvement  of  streets  and  avenues  and  construction  of  sew- 
ers in  the  City  of  Wilmington,  Delaware, ' '  approved  the  sixth 
day  of  April,  A.  D.  One  Thousand.  Nine  Hundred  and  Five, 
the  Mayor  and  Council  of  Wilmington  was  authorized  and  em- 
powered to  borrow  by  ordinance  of  the  Council  the  sum  of 
Fifty  Thousand  Dollars  ($50,000),  tg  be  appropriated,  ap- 
plied and  expended  in  discretion  of  the  Board  of  Directors  of 
the  Street  and  Sewer  Department  of  the  City  of  Wilmington, 
for  the  abolition  of  grade  crossings  of  railroads  within  the 
limits  of  the  City  of  Wilmington,  and  for  the  opening,  widen- 


ORDINANCES.  691 

ing.  paving  and  improving  the  streets,  avenues,  lanes  or  alleys 
and  for  the  extension  of  the  authorized  sewer  system  provided 
for  and  in  the  said  City  of  Wilmington ; 

And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  of  money  borrowed  under  the  authority  of 
said  Act  shall  be  borrowed  by  the  jMayor  and  Council  of  Wil- 
mington at  such  times  and  in  such  amounts  as  the  said  Board 
of  Directors  of  the  Street  and  Sewer  Department  may  decide 
and  direct;  provided  that  the  amount  to  be  borrowed  under 
the  provisions  of  said  Act  shall  not  exceed  the  sum  of  Fifty 
Thousand  Dollars  ($50,000)  in  any  one  calendar  year; 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  SeAver  Department,  in  conformity  with  the  provisions  of 
said  Act  have  filed  a  written  request,  or  direction,  wherein 
said  Board  directs  the  Mayor  and  Council  of  Wilmington  to 
provide  for  the  borrowing  of  Fifty  Thousand  Dollars 
($50,000)  for  the  purposes  aforesaid,  for  the  calendar  year 
One  Thousand  Nine  Hundred  and  Five,  and  to  authorize  the 
issuance  of  bonds  of  the  said  Mayor  and  Council  of  Wilming- 
ton for  the  payment  of  the  sum  of  money  to  be  so  borrowed, 
which  said  recjuest  or  direction  has  been  presented  to  the  Coun- 
cil and  filed  among  the  records  thereof. 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf. 

Be  it  ordained.  By  the  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance,  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Fifty  Thou-  ^g^ed  for^^ 
sand  Dollars  ($50,000),  such  bonds  shall  be  issued  each  for  the  ^^o.ooo. 
sum  of  Fifty  Dollars  ($50)  or  multiples  thereof;  one  or  more 
of  said  bonds  or  certificates  of  indebtedness  for  the  sum  of 
Twenty-nine  Thousand  Eight  Hundred  Dollars  ($29,800) 
shall  fall  due  and  be  payable  on  the  first  day  of  April,  A.  D. 
One  Thousand  Nine  Hundred  and  Twenty-eight,  and  one  or 
more  of  said  bonds  or  certificates  of  indebtedness  for  the  sum 


698  ORDINANCES. 

of  Twenty  Thousand  Two  Hundred  Dollars   ($20,200)   shall 
fall  due  and  be  payable  on  the  first  day  of  October,  A.  D.  One 
Thousand  Nine  Hundred  and  Twenty-eight.    Such  bonds  shall 
Fumi"^  be  denominated  "Sinking-  Fund   four  per  cent,   loan,"  and 

shall  bear  interest  at  the  rate  of  four  per  centum  per  annum, 
payable  semi-annually,  on  the  first  day  of  April  and  the  first 
daj^  of  October  in  each  and  every  year  after  the  date  of  the 
issue  thereof,  and  shall  be  signed  by  the  INIayor  and  counter- 
signed by  the  City  Treasurer  and  City  Auditor  in  the  same 
manner  as  other  City  bonds,  and  the  record  thereof  kept  by 
the  City  Treasurer  and  City  Auditor  respectively. 

juiy^l^iIoB  ^^^-  2-     [The  Finance  Committee  of  the  Council  and  the 

Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance,  to  sell  and  dispose  of  the  same  to  the 
highest  and  best  bidder  therefor,  and  to  the  best  advantage  of 
the  City.  The  moneys  borrowed  as  aforesaid  shall  be  received 
by  the  said  Board  of  Directors  of  the  Street  and  Sewer  De- 

?f  proceeds,  partment,  and  shall  be  placed  upon  special  deposit  to  the 
credit  of  said  Board  of  Directors,  in  such  bank  or  trust  com- 
pany, in  the  City  of  Wilmington,  as  shall  be  'determined 
upon  by  said  Board.  All  orders  or  warrants  for  the  payment 
of  money  to  be  drawn  against  said  fund,  shall  be  signed  by  the 
President  of  said  Board  and  countersigned  by  the  City  Treas- 
urer and  City  Auditor,  and  no  warrant  or  order  for  the  pay- 
ment of  money  shall  be  drawn  against  such  funds,  except  such 
order  or  warrant  is  for  payment  for  work  done  upon  or  about 
the  improvements  provided  for  in  said  Act;  provided,  how- 
ever, further,  that  it  shall  be  discretionary  \\'ith  said  Board  of 
Directors  of  the  Street  and  Sewer  Department  as  to  which  im- 
provement or  improvements  any  or  all  such  money  or  moneys 
shall  be  applied,  provided  that  not  more  than  one-third  of  the 
moneys  so  borrowed  shall  be  applied  for  the  extension  of 
sewers.] 

Approved  April  27,  1905. 


ORDINANCES.  699 

AX  ORDINANCE  for  the  Borrowing  of  Fifty  Thousand  Dol- 
lars for  the  Abolition  of  Grade  Crossi)igs  of  Railroads, 
for  the  Improvement  of  Streets  and  for  the  Extension  of 
Sewers  in  the  City  of  Wilniingto)i. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  authorize  the  Mayor 
and  Council  of  Wilmington  to  borrow  a  certain  sum  of  money 
for  the  elimination  of  grade  crossings  of  railroads,  and  for  the 
improvement  of  streets  and  avenues  and  construction  of  sew- 
ers in  the  City  of  Wilmington,  Delaware,"  approved  the  sixth 
day  of  April,  A.  D.  One  Thousand  Nine  Hundred  and  Five. 
The  Mayor  and  Council  of  Wilmington  was  authorized  and 
empowered  to  borrow  by  ordinance  of  the  Council  the  sum  of 
Fifty  Thousand  Dollars  ($50,000)  to  be  appropriated,  applied 
and  expended  in  discretion  of  the  Board  of  Directors  of  the 
Street  and  Sewer  Department  of  the  said  City  of  Wilmington, 
for  the  abolition  of  grade  crossings  of  railroads  within  the 
limits  of  the  City  of  Wilmington,  and  for  the  opening,  widen- 
ing, paving  and  improving  the  streets,  avenues,  lanes  or  alleys 
and  for  the  extension  of  the  authorized  sewer  sj'stem  provided 
for  and  in  the  said  Citj-  of  Wilmington. 

And  Whereas,  It  was  further  provided  bj'  said  Act  that 
any  and  all  sums  of  money  borrowed  under  the  authority  of 
said  Act  shall  be  borrowed  by  the  Mayor  and  Council  of  Wil- 
mington at  such  times  and  in  such  amounts  as  the  said  Board 
of  Directors  of  the  Street  and  Sewer  Department  may  decide 
and  direct ;  provided  that  the  amount  to  be  borrowed  under 
the  provisions  of  said  Act  shall  not  exceed  the  sum  of  Fifty 
Thousand  Dollars  ($50,000)  in  any  one  calendar  year. 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformit}^  with  the  provisions  of 
said  Act  have  filed  a  written  recjuest  or  direction,  wherein  said 
Board  directs  the  Mayor  and  Council  of  Wilmington  to  pro- 
vide for  the  borrowing  of  Fifty  Thousand  Dollars  ($50,000) 
for  the  purposes  aforesaid,  for  the  calendar  year  One  Thou- 
sand Nine  Hundred  and  Six,  and  to  authorize  the  issuance  of 
bonds  of  the  said  JMayor  and  Council  of  Wilmington  for  the 


700 


ORDINANCES. 


Bonds  to  be 
issued  for 
$50,000. 


Sinking 
Fund. 


Sale  of 
bonds. 


Disposition 
of  proceeds. 


payment  of  the  sum  of  money  to  be  so  bororwed,  which  said 
request  or  direction  has  been  presented  to  the  Council  and 
filed  among  the  records  thereof. 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Fifty  Thou- 
sand Dollars  ($50,000)  ;  such  bonds  shall  be  issued  each  for 
the  sum  of  Fifty  Dollars  ($50.00)  or  multiples  thereof,  and 
the  total  amount  thereof  being  Fifty  Thousand  Dollars 
($50,000),  shall  fall  due  and  be  made  payable  on  the  first  day 
of  October,  A.  D.  One  Thousand  Nine  Hundred  and  Twenty- 
eight.  Such  bonds  shall  be  denominated  ' '  Sinking  Fund  four 
per  cent,  loan,"  and  shall  bear  interest  at  the  rate  of  four  per 
centum  per  annum,  payable  semi-annually  on  the  first  day  of 
April  and  the  first  day  of  October  in  each  and  every  year  after 
the  date  of  the  issue  thereof,  and  shall  be  signed  bj^  the  Mayor 
and  countersigned  by  the  City  Treasurer  and  City  Auditor  in 
the  same  manner  as  other  City  bonds,  and  the  record  thereof 
kept  by  the  City  Treasurer  and  City  Auditor  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
and  directed  immediately  after  the  issuance  of  the  bonds,  pro- 
vided for  by  this  ordinance,  to  sell  and  dispose  of  same  to  the 
highest  and  best  bidder,  therefor,  and  to  the  best  advantage 
of  the  City.  The  moneys  borrowed  as  aforesaid  shall  be  re- 
ceived by  the  said  Board  of  Directors  of  the  Street  and  Sewer 
Department  and  shall  be  placed  upon  special  deposit  to  the 
credit  of  the  said  Board  of  Directors  in  such  bank  or  trust 
company  in  the  City  of  Wilmington  as  shall  be  determined 
upon  by  the  said  Board.  All  orders  or  warrants  for  the  pay- 
ment of  money  to  be  drawn  against  said  fund,  shall  be  signed 
by  the  President  of  said  Board  and  countersigned  by  the  City 
Treasurer  and  City  Auditor,  and  no  warrant  or  order  for  the 
payment  of  money  shall  be  drawn  against  such  funds,  except 
such  order  or  warrant  is  for  payment  for  work  done  upon  or 


ORDINANCES.  701 

about  the  improvements  provided  for  in  said  Act;  provided, 
however,  further,  that  it  shall  be  discretionary  with  said 
Board  of  Directors  of  the  Street  and  Sewer  Department  as  to 
which  improvement  or  improvements,  any,  or  all  such  money 
or  moneys  shall  be  applied ;  provided  that  not  more  than  one- 
third  of  the  moneys  so  borrowed  shall  be  applied  for  the  ex- 
tension of  sewers. 

Approved  March  8,  1906. 


AX  ORDINANCE  Providing  for  the  Borrowing  of  Ten  Thou- 
sand Dollars  to  he  Applied  and  Expended  under  the 
Charge  of  the  Board  of  Park  Commissioners  of  the  City 
of  Wilmington  for  the  Purpose  of  Improving  the  Parks. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "A  further  supplement  to  an  Act 
entitled  An  Act  to  provide  for  Public  Parks  for  the  use  of  the 
Cit}"  of  Wilmington  and  its  vicinity,  passed  March  13th, 
1883,"  approved  IMarch  21,  A.  D.  1901,  the  Mayor  and  Coun- 
cil of  Wilmington  were  authorized  to  borrow  a  sum  or  sums 
not  exceeding  in  the  aggregate  of  Fifty  Thousand  Dollars  to 
be  applied  and  expended  under  the  charge  of  the  Board  of 
Park  Commissioners  of  the  said  City  for  the  purpose  of  im- 
proving the  parks,  and  a  sum  or  sums  not  exceeding  in  the  ag- 
gregate Thirty  Thousand  Dollars  for  the  purchase  or  acquisi- 
tion, in  the  manner  authorized  in  the  Act  to  which  it  was  a 
supplement,  of  lands  to  be  used  as  additions  to  said  parks ; 

And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  of  money  borrowed  under  authority  of  said 
Act  should  be  borrowed  upon  recommendation  of  the  said 
Board  of  Park  Commissioners ; 

And  Whereas,  Said  Board  of  Park  Commissioners  in  con- 
formity with  the  provisions  of  said  Act  have  filed  a  written 
recommendation  wherein  said  Board  requests  the  Mayor  and 
Council  of  Wilmington  to  provide  for  the  borrowing  of  Ten 
Thousand  Dollars  to  be  applied  and  expended  under  the 
charge  of  the  said  Board  of  Park  Commissioners  for  the  pur- 


702 


ORDINANCES. 


pose  of  improving  the  parlvs;  and  to  authorize  the  issuance  of 
bonds  of  the  said  Mayor  and  Council  of  Wilmington  for  the 
payment  of  the  sum  of  money  so  borrowed,  which  recommen- 
dation has  been  presented  to  the  Council  and  filed  among  the 
records  thereof: 


Bonds  to  be 
issued  for 
$10,000. 


Rate,  4  per 
cent,  per 
annum. 
Sinking 
Fund. 


Manner  of 
sale. 


Proceeds. 


Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf. 

Be  it  ordained.  By  the  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Ten  Thousand 
Dollars.  Such  bonds  shall  be  issued  each  for  the  sum  of  Fifty 
Dollars,  or  multiples  thereof,  and  shall  fall  due  and  be  made 
payable  in  the  manner  following,  to  wit :  On  the  first  day  of 
April,  One  Thousand  Nine  Hundred  and  Twenty-eight.  Such 
bonds  shall  be  denominated  "Sinking  Fund  four  per  cent, 
loan,"  and  shall  bear  interest  at  the  rate  of  four  per  centum 
per  annum  payable  semi-annually  on  the  first  day  of  April 
and  the  first  daj^  of  October  of  each  and  every  year,  after  the 
issue  thereof,  and  shall  be  signed  by  the  Mayor,  countersigned 
by  the  City  Treasurer  and  City  Auditor  in  the  same  manner 
as  other  City  bonds,  and  a  record  thereof  kept  by  the  City 
Treasurer  and  City  Auditor  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized 
and  directed  immediately  after  the  issuance  of  the  bonds  pro- 
vided for  by  this  ordinance  to  sell  and  dispose  of  the  same  to 
the  highest  and  best  bidder  therefor  and  to  the  best  advantage 
of  the  City,  and  the  proceeds  of  such  sale,  but  not  the  pre- 
miums arising  therefrom,  shall  be  received  by  the  City  Treas- 
urer and  be  by  him  the  subject  of  a  special  deposit  in  such 
bank  at  Wilmington  as  shall  be  the  depository  of  the  funds  of 
the  city,  and  shall  be  drawn  therefrom  only  upon  the  proper 
warrant  of  the  Council  for  the  improvement  of  the  public 
parks. 

Approved  August  2,  1904. 


ORDINANCES.  703 

AN  OEDIXAXCE  Providing  for  a  Loan  of  Two  Hundred 
Thousand.  Dollars  for  the  Benefit  of  the  Board  of  Water 
Commissioners. 

Whereas,  By  Section  12  of  the  Act  entitled  "An  Act  to 
establish  a  Board  of  Water  Commissioners  for  the  City  of  Wil- 
mington and  for  other  purposes, ' '  pasesd  at  Dover,  April  18th, 
1883,  and  by  a  subsequent  Act  entitled  "An  Act  to  authorize 
The  INIayor  and  Council  of  Wilmington  to  borrow  the  sum  of 
Two  Hundred  Thousand  Dollars  for  the  use  of  the  Board  of 
Water  Commissioners  of  said  City,"  passed  at  Dover,  jNIarch 
31st,  A.  D.  1903,  it  is  provided  that  for  the  purpose  of  defray- 
ing all  the  costs  of  acquiring  real  estate  for  reservoirs,  laying 
pipes,  purchasing  and  establishing  engines,  constructing  all 
the  works  contemplated  by  this  Act,  the  City  of  Wilmington 
upon  the  requisition  of  the  said  Board  of  Water  Commission- 
ers, shall  issue  bonds,  to  be  denominated  "Wilmington  City 
Bonds"  in  an  amount  not  exceeding  Two  Hundred  Thousand 
Dollars.     And 

Whereas,  The  Board  of  Water  Commissioners  on  the 
twenty-first  day  of  September,  A.  D.  1904,  issued  their  requisi- 
tion, directed  to  this  Council,  setting  forth  that  they  had  de- 
cided to  purchase,  construct  and  equip  a  new  water  system, 
and  requesting  The  Council  to  pass  an  ordinance  providing 
for  the  issuing  to  them  of  the  bonds  of  the  City  of  Wilming- 
ton of  the  amount  of  Two  Hundred  Thousand  Dollars,  as  the 
necessities  of  the  Board  may  require,  in  accordance  with  Sec- 
tion 12  of  the  Act  of  the  General  Assembly  aforesaid,  which 
said  requisition  was  presented  and  filed  in  The  Council  on  the 
twenty-second  day  of  September,  A.  D.  1904. 

Now,  THEREFORE,  RE  IT  ORDAINED,  By  the  Couiicil  of  Wil- 
mington. 

Section  1.     That  immediately  after  the  passage  of  this 
ordinance,  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Two  Hundred  ^gSel  for^^ 
Thousand  Dollars,  such  bonds  shall  be  issued  each  of  One  ^-'^'^'Oo^- 
Thousand  Dollars  and  shall  be  made  payable  at  the  expiration 
of  twenty  years  from  the  date  thereof  and  may  contain  a  pro- 


704 


ORDINANCES. 


Redemption 
by  Board  of 
Water  Com- 
missioners. 


vision  for  the  redemption  thereof  by  the  said  Board  of  Water 
Commissioners  at  any  time  after  the  expiration  of  five  years 
from  the  date  thereof,  at  a  premium  not  to  exceed  five  per 
cent.  Said  bonds  shall  also  be  liable  to  be  redeemed  at  their 
face  value  at  sluy  interest  bearing  period,  as  follows:  The 
said  Board  of  Water  Commissioners  shall  redeem  at  the  ex- 
piration of  the  fifth  year  from  the  date  of  the  said  bonds,  fif- 
teen of  the  said  bonds  at  par,  and  to  pay  and  redeem  at  the  ex- 
piration of  each  and  every  year  thereafter,  an  additional  fif- 
teen of  said  bonds  until  the  twentieth  year,  when  the  said 
Board  of  Water  Commissioners  shall  pay  and  redeem  the  bal- 
ance of  said  bonds. 


Registered 
or  coupon. 


Series. 


Sec.  2.  The  said  bonds  may  be  either  registered  or  cou- 
pon bonds,  as  the  said  Board  of  Water  Commissioners  may  de- 
termine, and  shall  bear  interest  at  a  rate  not  to  exceed  four 
per  cent,  per  annum.  The  said  bonds,  principal  and  interest, 
shall  be  payable  at  the  Union  National  Bank  of  Wilmington 
out  of  the  money  from  time  to  time  appropriated  for  that  pur- 
pose by  the  said  Board  of  Water  Commissioners.  The  bonds 
issued  under  the  pro\nsions  of  this  ordinance  shall  be  signed 
by  the  ]\Iayor  and  countersigned  by  the  City  Treasurer  and 
City  Auditor  in  the  same  manner  as  other  City  bonds ;  and  a 
record  thereof  shall  be  made  and  kept  by  the  City  Auditor  and 
City  Treasurer  and  by  the  Board  of  Water  Commissioners. 
The  said  bonds  shall  all  bear  the  same  date  and  shall  be  num- 
bered from  No.  1  to  200,  inclusive.  If  coupon  bonds  shall  be 
issued,  the  coupons  shall  bear  the  engraved  signature  of  the 
City  Treasurer. 


Sale  of 
bonds. 


Sec.  3.  The  Board  of  Water  Commissioners  may  sell  and 
dispose  of  the  said  bonds  hereby  authorized  to  be  issued  on  the 
most  advantageous  terms  possible,  but  no  commission  shall  be 
charged  or  paid  to  any  member  of  the  said  Board  for  effecting 
the  sale,  or  negotiating  the  sale  of  the  said  bonds.  Any  money 
received  from  the  sale  of  any  or  all  of  the  said  bonds  shall  be 
deposited  by  the  City  Treasurer  to  the  credit  of  the  Board  of 
Water  Commissioners  in  a  separate  account,  and  payment 
therefrom  shall  be  made  in  the  same  manner  as  other  pay- 
ments by  the  Board  of  Water  Commissioners,  provided,  that 


ORDINANCES.  705 

no  part  of  the  money  thus  obtained  shall  be  used  by  the  said  ^f  jj^oceeds 
Board  of  Water  Commissioners  for  any  purpose  other  than 
the  construction,  erection  and  equipment  of  the  new  reservoir' 
to  be  located  in  Brandywine  Hundred,  New  Castle  County, 
and  for  the  purchase,  construction  and  equipment  of  the  pipes, 
mains,  filter  plant,  clear  water  basin,  buildings  and  machinery 
proper  for  the  construction,  completion  and  operation  of  the 
said  reservoir  in  connection  with  the  water  worlds  of  the  City 
of  Wilmington. 

Sec.  4.    The  principal  and  interest  of  the  said  bonds  shall  Payable  in 
be  paid  in  gold  coin  of  the  United  States  of  America. 

Sec.  5.     All  charges    and    expenses    connected  with  the  Expenses 
preparation  of  the  said  bonds,  and  of  the  sale  thereof,  shall  be  by  water 
paid  by  the  said  Board  of  Water  Commissioners  by  money  to 
be  appropriated  by  them  for  that  purpose. 

Approved  October  24,  1904. 


AN  ORDINANCE  Providing  for  the  Borrowing  of  Forty-five 
Thousand  Dollars  to  he  Applied  and  Expended  Under  the 
Charge  of  the  Board  of  Park  Commissioners  of  the  City 
of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "A  further  supplement  to  an  Act 
entitled  An  Act  to  provide  for  public  parks  for  the  use  of  the 
City  of  Wilmington,  and  its  vicinity,  passed  March  13th, 
1883,"  approved  March  29th,  1905.  The  Mayor  and  Council 
of  Wilmington  was  empowered  to  borrow  a  sum  or  sums  not 
exceeding  in  the  aggregate  ($20,000)  Twenty  Thousand  Dol- 
lars to  be  applied  and  expended  under  the  charge  of  the 
Board  of  Park  Commissioners  of  said  City  for  the  purpose  of 
improving  the  parks  and  a  sum  or  sums  not  exceeding  in  the 
aggregate  ($30,000)  Thirty  Thousand  Dollars  for  the  pur- 
chase or  acquisition,  in  the  manner  authorized  in  the  Act  to 
which  this  is  a  supplement,  of  lands  to  be  used  as  additions  of 
said  parks. 


706 


ORDINANCES. 


And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  borrowed  under  the  authority  of  said  Act 
"should  be  borrowed  upon  the  recommendation  of  the  said 
Board  of  Park  Commissioners, 

And  Whereas,  Said  Board  of  Park  Commissioners,  in 
conformity  with  the  provisions  of  said  Act,  have  filed  written 
recommendations  wherein  said  Board  requests  The  Mayor  and 
Council  of  Wilmington  to  provide  for  the  borrowing  of 
($15,000)  Fifteen  Thousand  Dollars  for  the  purpose  of  im- 
proving the  parks  and  to  provide  for  the  borrowing  of 
($30,000)  Thirty  Thousand  Dollars  for  the  purchase  or  ac- 
quisition of  lands  to  be  used  as  additions  to  the  public  parks ; 
the  said  amounts  to  be  applied  and  expended  under  the  charge 
of  the  said  Board  of  Park  Commissioners;  and  to  authorize 
the  issuance  of  bonds  of  The  Mayor  and  Council  of  Wilming- 
ton for  the  paj^meut  of  the  sums  of  money  so  borrowed,  which 
recommendations  have  been  presented  to  the  Council  and  filed 
among  the  records  thereof ; 

Therefore,  In  pursuance  and  by  authority  of  the  power 
and  authority  of  the  Act  of  the  General  Assembly  in  that  be- 
half. 


Bonds  to  be 
issued  for 
$45,000. 


Rate,  4  per 
cent. 
Sinking 
Fund. 


Be  it  ordained.  By  the  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Forty-five 
Thousand  Dollars.  Such  bonds  shall  be  issued  each  for  the 
sum  of  Fifty  Dollars  or  multiples  thereof,  and  shall  fall  due 
and  be  made  payable  as  follows :  Sixty-nine  Hundred  Dollars 
on  the  first  day  of  October,  A.  D.  One  Thousand  Nine  Hun- 
dred and  Twenty-eight ;  and  Thirty-eight  Thousand  One  Hun- 
dred Dollars  on  the  first  day  of  April,  A.  D.  One  Thousand 
Nine  Hundred  and  Twenty-nine.  Such  bonds  shall  be  de- 
nominated "Sinking  Fund  four  per  cent,  loan,"  and  shall 
bear  interest  at  the  rate  of  four  per  centum  per  annum  pay- 
able semi-annually  on  the  first  day  of  April  and  the  first  day 
of  October  of  each  and  every  year  after  the  issue  thereof,  and 


ORDINANCES.  707 

shall  be  signed  by  the  Mayor,  countersigned  by  the  City  Treas- 
urer and  City  Auditor  in  the  same  manner  as  other  City 
bonds,  and  a  record  thereof  shall  be  kept  by  the  City  Treas- 
urer and  City  Auditor  respectively. 

Sec.  2.  The  Finance  Committee  of  the  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  saie. 
and  directed  immediately  after  the  issuance  of  the  bonds  pro- 
vided for  by  this  ordinance  to  sell  and  dispose  of  the  same  to 
the  highest  and  best  bidder  therefor  and  to  the  best  advan- 
tage of  the  City,  and  the  proceeds  of  such  sale  shall  be  re- ^^f^^^^^P^g"^ 
ceived  by  the  City  Treasurer,  and  the  amount  of  the  issue,  but 
not  the  premium  arising  therefrom,  shall  be  by  him  made  the 
subject  of  a  special  deposit  in  such  bank  at  Wilmington  as 
■shall  be  the  depository  of  the  funds  of  the  City  and  shall  be 
dra^ATi  therefrom,  only  upon  the  proper  warrant  of  the  Coun- 
cil, for  improvements  to  park  lands  or  for  the  purchase  or  ac- 
quisition of  lands  for  additions  to  the  public  parks.  lands^^ 

Approved  3rd  Day  of  April,  A.  D.  1906. 


AN  ORDINANCE  to  Borrow  Eight  Hundred  Thousand  Dol- 
lars for  the  Completion  and  Operation  of  the  Water  Sup- 
ply System  of  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  approved  March  29th,  A.  D.  1907,  entitled 
"An  Act  to  authorize  The  IMayor  and  Council  of  Wilmington 
to  borrow  Eight  Hundred  Thousand  Dollars  for  the  purpose  of 
paying  off  any  floating  indebtedness  and  current  liability  in 
connection  with  the  Water  Works  System  of  the  City  of  Wil- 
mington, and  for  defraying  the  cost  of  acquiring  real  estate 
and  water  rights ;  and  for  the  completion,  construction,  erec- 
tion and  equipment  of  new  reservoirs,  filter  plants,  pumping 
stations,  pumping  engines,  pipes,  mains  and  other  appurte- 
nances necessary  for  the  completion  and  operation  of  the 
reservoir  and  filtration  plants  in  connection  with  the  extension 
of  the  Water  Supply  System  of  the  City  of  AVilmington, "  The 
Mayor  and  Council  of  A¥ilmington  was  authorized  and  em- 
powered to  borrow,  by  ordinance  of  The  Council  a  sum  not  ex- 


708  ORDINANCES. 

ceeding  Eight  Hundred  Thousand  Dollars,  to  be  expended  for 
the  purpose  of  paying  off  any  floating  indebtedness  and  cur- 
rent liability  in  connection  with  the  Water  Works  System  of 
the  City  of  Wilmington,  and  for  defraying  the  cost  of  acquir- 
ing real  estate  and  water  rights;  and  for  the  completion, 
operation,  construction,  erection  and  equipment  of  new  reser- 
voirs, filter  plants,  pumping  stations,  pumping  engines,  pipes, 
mains  and  other  appurtenances  necessary  for  the  completion 
and  operation  of  the  Water  Supply  System  of  the  City  of  Wil- 
mington ;  and  for  the  purpose  of  securing  the  payment  of  such 
sum,  to  issue  bonds  in  denominations  of  One  Thousand  Dollars 
each,  bearing  such  rate  of  interest  not  exceeding  four  and  one- 
half  per  centum  per  annum  as  The  Council  of  The  Mayor  and 
Council  of  Wilmington  may  deem  expedient ; 

And  Whereas,  It  was  further  provided  in  said  Act  that 
said  bonds  or  any  parts  thereof,  may  be  sold  when  and  as  The 
Council  of  The  Mayor  and  Council  of  Wilmington  shall  deter- 
mine ; 

And  Whereas,  It  Avas  further  provided  in  said  Act  that 
whenever  the  Board  of  AVater  Commissioners  of  the  City  of 
Wilmington  shall  deem  it  necessary  to  have  The  Council  sell 
any  or  all  of  said  bonds,  the  said  Board  shall  by  resolution  re- 
quest The  Council  to  issue  any  portion  or  all  of  said  bonds ; 

And  AVhereas,  The  said  Board  of  Water  Commissioners 
in  conformity  with  the  provisions  of  said  Act  deeming  it  nec- 
essary to  have  all  of  said  bonds  issued  and  sold,  has  by  resolu- 
tion of  said  Board  requested  the  said  Council  to  issue  and  sell 
all  of  said  bonds,  said  resolution  having  been  presented  to  said 
Council  and  filed  among  the  records  thereof ; 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf : 


Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington  in  accordance  with  the  provisions  of 


ORDINANCES.  709 

the  above -recited  Act  of  the  General  Assembly  of  the  State  of 
Delaware,  bonds  to  the  amount  of  Eight  Hundred  Thousand  ^g^f^  f°j?® 
Dollars  in  the  aggregate,  and  the  credit  of  The  Mayor  and  $800,ooo. 
Council  of  Wilmington  is  hereby  pledged  for  the  payment  of 
both  principal  and  interest  in  accordance  with  the  terms  of 
the  aforesaid  Act.    Such  bonds  shall  be  dated  May  first,  A.  D. 
1907,  and  shall  be  issued  for  the  sum  of  One  Thousand  Dol- 
lars each,  and  shall  fall  due  and  become  payable  as  provided 
for  in  the  above  recited  Act  of  the  General  Assembly.     Such 
bonds    shall    be    denominated  "Wilmington    AVater    Works 
Bonds, ' '  and  shall  bear  interest  at  the  rate  of  four  per  centum  Rate,  4  per 
per  annum,  payable  semi-annually  on  the  first  day  of  INIay  ^^^^' 
and  the  first  day  of  November  in  each  and  every  year  after 
the  date  of  the  issue  thereof ;  and  shall  be  signed  by  the  Mayor 
of  the  City  of  Wilmington  and  under  the  seal  of  the  City  and 
shall  be  countersigned  by  the  City  Treasurer  and  City  Auditor 
in  the  same  manner  as  other  City  bonds ;  and  it  shall  be  the  Manner  of 
duty  of  such  officers  to  execute  said  bonds  when  directed  by  of  bonds. 
resolution  of  The  Council  to  do  so,  and  it  shall  also  be  the  duty 
of  the  City  Treasurer,  City  Auditor  and  Board  of  Water  Com- 
missioners to  keep  a  record  of  said  bonds. 

Sec.  2.  The  Finance  Committee  of  The  Council  is  hereby  saie. 
authorized  and  directed  immediately  after  the  issuance  of  the 
bonds  provided  for  by  this  ordinance,  to  sell  and  dispose  of 
all  or  any  part  of  said  bonds  to  the  highest  and  best  bidder  or 
bidders  therefor,  on  the  most  advantageous  terms  possible, 
after  having  advertised  the  sale  of  the  same  in  the  public  press 
at  least  once  each  week  for  at  least  two  weeks,  and  the  money 
received  from  the  sale  of  said  bonds  shall  be  paid  to  the  City 
Treasurer  and  by  him  deposited  to  the  credit  of  the  Board  of 
Water  Commissioners  in  a  separate  account,  and  pajanents 
therefrom  shall  be  made  in  the  same  manner  as  other  pay- 
ments are  made  by  the  Board  of  Water  Commissioners.  The 
money  so  obtained  and  deposited  shall  be  used  by  said  Board  Disposition 
of  Water  Commissioners  as  provided  in  said  Act  of  the  Gen-  °^  proceeds, 
eral  Assembly ;  provided  that  the  purchasers  or  holders  of  said 
bonds  shall  not  be  bound  to  see  to  or  be  affected  by  the  appli- 
cation or  mis-application  of  any  of  said  money  realized  from 
the  sale  of  said  bonds. 


710  ORDINANCES. 

Sec.  3.  Said  bonds  shall  contain  such  provision  not  in- 
consistent with  the  aforesaid  Act  of  Assembly  as  shall  secure 
to  the  holders  thereof  the  payment  of  the  principal  and  inter- 
est due  thereon,  according  to  the  provisions  of  said  Act  of  As- 
sembly. 

Approved  May  2,  1907. 


AN  OBDINANCE  to  Authorize  The  Mayor  and  Council  of 
Wilmington  to  Borrow  Two  Hundred  and  Fifty  Thou- 
sand Dollars  for  the  Curding,  Guttering,  Grading,  Widen- 
ing, Paving  and  Improving  of  Streets  and  Avenues  and 
the  Building  of  Sewers  and  Conduits,  in  the  City  of  Wil- 
mington, Delaware. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  authorize  The  Mayor 
and  Council  of  Wilmington  to  borrow  money  for  the  curbing, 
guttering,  grading,  widening,  paving  and  improving  of  streets 
and  avenues  and  the  building  of  sewers  and  conduits,  in  the 
City  of  Wilmington,  Delaware,"  approved  March  4th,  A.  D. 
1907.  The  Mayor  and  Council  of  Wilmington  was  given 
power  and  authority  to  borrow  money  for  the  curbing,  gutter- 
ing, grading,  widening,  paving  and  improving  of  the  streets, 
avenues,  lanes  or  alleys  and  the  building  of  sewers  and  con- 
duits in  the  City  of  Wilmington,  Delaware,  in  such  amounts 
and  at  such  times  as  the  said  The  Mayor  and  Council  of  Wil- 
mington should  deem  necessary  to  be  borrowed  and  as  said 
The  Mayor  and  Council  of  Wilmington  should  by  ordinance, 
prescribe  and  appoint :  and  to  issue  the  bonds  of  said  City  in 
payment  therefor  with  interest ; 

And  Whereas,  It  is  further  provided  by  said  Act  that  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of 
The  Mayor  and  Council  of  Wilmington,  shall,  before  any 
moneys  are  so  borrowed  under  the  authority  of  said  Act,  pre- 
pare and  present  to  the  Council  of  the  said  The  ]Mayor  and 
Council  of  Wilmington  a  list  showing  location  and  estimated 
cost  of  improvements  as  far  as  practicable  which   improve- 


ORDINANCES.  711 

merits  in  the  judgment  of  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  should  be  made ; 

And  "Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformity  with  the  provisions  of 
said  Act,  have  prepared  and  presented  to  said  The  Council  a 
list  showing  the  location,  and  the  estimated  cost  of  improve- 
ments, which  in  the  judgment  of  said  Board  of  Directors  of 
the  Street  and  Sewer  Department  should  be  made; 

And  Whereas,  The  said  The  Council  of  The  Mayor  and 
Council  of  Wilmington  proposes  to  fix  by  ordinance  the 
amount  to  be  borrowed,  basing  said  amount  on  the  estimates 
submitted  by  the  said  Board  of  Directors  of  the  Street  and 
Sewer  Department ; 

And  Whereas,  In  the  judgment  of  The  Council,  the  sum 
of  Two  Hundred  and  Fifty  Thousand  Dollars  should  be  bor- 
rowed for  the  purposes  recited  in  said  Act ; 

Therefore.  In  pursuance  and  by  virtue  of  the  power  and 
authority  vested  in  The  Council  bj'  said  Act  of  the  General  As- 
sembly of  the  State  of  Delaware  in  that  behalf. 

Be  it  ordained,  By  The  Council  of  Wilmington  (two- 
thirds  of  all  the  members  of  The  Council  concurring  herein)  : 

Section  1.  That  immediatel}^  after  the  passage  of  this 
ordinance,  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington,  in  accordance  w'ith  the  provisions  of 
the  above  recited  Act  of  the  General  Assembly  of  the  State  of 
Delaware,  bonds  to  the  amount  of  Two  Hundred  and  Fifty  issued  for 
Thousand  Dollars ;  such  bonds  shall  be  issued  each  for  the  sum  "  ' 
of  Fifty  Dollars  ($50.00)  or  multiples  thereof  and  shall  fall 
due  and  become  payable  as  follows :     $41,200  thereof  on  the ,,  ,    ., 

^    "^  ^       J  Maturity. 

first  day  of  April,  1929 ;  $81,600  thereof  on  the  first  day  of 
October,  1929  ;  $84,200  thereof  on  the  first  day  of  April,  1930, 
and  $43,000  thereof  on  the  first  day  of  October,  1930. 

Said  bonds  shall  be  denominated  "Wilmington  City 
Bonds,"  and  shall  bear  interest  at  the  rate  of  four  per  centum  ^^^'^-  ^  p^^ 


712 


ORDINANCES. 


per  annum,  payable  semi-annually  on  the  first  day  of  April 
and  the  first  day  of  October  in  each  and  every  year  after  the 
date  of  the  issue  thereof,  and  shall  be  signed  by  the  Mayor 
and  countersigned  by  the  City  Treasurer  and  City  Auditor  in 
the  same  manner  as  other  City  bonds  are  signed,  and  a  record 
thereof  shall  be  kept  by  the  City  Treasurer  and  City  Auditor, 
respectively. 


Sale  of 
bonds. 


Procei  cis  to 
Street  and 
Sewer  De- 
partn:  ent. 


Sec.  2.  The  Finance  Committee  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  herebj^  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance,  to  sell  and  dispose  of  any  part  or  all  of 
the  said  bonds  in  such  amount  or  amounts  as  the  Finance  Com- 
mittee of  The  Council  shall  determine,  to  the  highest  and  best 
bidder  or  bidders  therefor  and  to  the  best  advantage  of  the 
City.  The  moneys  so  borrowed  shall  be  paid  into  the  City 
Treasury,  and  upon  receipt  of  the  same  by  the  City  Treasurer, 
he  shall  deliver  the  amount  of  the  same  to  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department,  of  the  said  City  of 
Wilmington  which  said  Board  shall  have  .supervision,  manage- 
ment, direction  and  control  of  the  work  required  to  be  done 
with  the  proceeds  of  the  sale  of  said  bonds  and  the  expendi- 
ture of  the  money  necessary  with  respect  thereto.  Provided, 
however,  that  the  purchasers  or  holders  of  the  bonds  to  be 
issued  under  the  provisions  of  this  ordinance  shall  in  no  wise 
be  responsible  for  the  application  or  mis-application  of  the 
funds  realized  from  the  sale  of  said  bonds. 


Deposit  of 
proceeds. 


Sec.  3.  All  moneys  borrowed  under  the  provisions  of  this 
ordinance  shall  be  placed  or  deposited  by  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department  of  the  said  City  of 
Wilmington  in  such  bank  or  trust  company  in  the  City  of  Wil- 
mington as  shall  be  the  depository  of  the  funds  of  such  Board, 
and  no  warrant  or  order  for  the  payment  of  money  shall  be 
drawn  against  said  funds  except  such  warrant  or  order  is  for 
payment  for  work  done  or  materials  furnished  or  implements 
used  upon  or  about  the  improvement  or  improvements  pro- 
vided for  in  said  Act  of  the  General  Asesmbly,  or  for  the  curb- 
ing, guttering,  grading,  widening,  paving  and  improving  of 


ORDINANCES.  713 

the  streets,  avenues,  lanes  or  alleys  and  the  building  of  sewers 
and  conduits  in  the  City  of  Wilmington,  Delaware. 

All  orders  or  warrants  for  the  payment  of  money  to  be  ^if^'^nongy 
dra\^^l  against  said  funds,  shall  be  signed  by  the  President  of  ^s®<^- 
said  Board  and  countersigned  by  the  City  Treasurer  and  City 
Auditor. 

Approved  May  2,  1907. 


AN  ORDINANCE  to  Authorize  The  Mayor  and  Council  of 
Wilmington  to  Borrow  Ten  Thousand  Dollars  to  he  Ap- 
plied and  Expended  Under  the  Charge  of  the  Board  of 
Park  Commissioners  of  the  Said  City  for  the  Purpose  of 
Improving  the  Public  Parks. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the  State 
of  Delaware,  entitled ' '  A  further  supplement  to  an  Act  entitled 
An  Act  to  provide  for  public  parks  for  the  use  of  the  City  of 
Wilmington  and  its  vicinity,"  passed  IMarch  13th,  1883,  ap- 
proved March  21,  1901,  being  Chapter  171,  Volume  22,  Laws 
of  Delaware,  The  Mayor  and  Council  of  Wilmington,  upon  the 
recommendation  of  the  Board  of  Park  Commissioners,  was  au- 
thorized to  borrow  a  sum  or  sums  not  exceeding  in  the  aggre- 
gate Fifty  Thousand  Dollars  to  be  applied  and  expended  un- 
der the  charge  of  the  Board  of  Park  Commissioners  of  the  said 
City  for  the  purpose  of  improving  the  parks ; 

And  Whereas,  The  said  Board  of  Park  Commissioners, 
has  filed  with  The  Council  of  The  Mayor  and  Council  of  Wil- 
mington its  written  recommendation  requesting  that  The 
Mayor  and  Council  of  Wilmington  pro\ade  for  the  borrowing 
of  the  sum  of  Ten  Thousand  Dollars  to  be  expended  under  the 
charge  of  said  Board  for  the  purpose  of  improving  the  parks 
of  said  City; 

Therefore,  In  pursuance  of  the  power  and  authority 
vested  in  The  Council  by  virtue  of  said  Act  of  Assembly,  and 
b}^  virtue  of  said  written  recommendation  of  said  Board  of 
Park  Commissioners, 


714 


ORDINANCES. 


Bonds  to  be 
issued  for 
$10,000. 


Sinking 
Fund. 
Rate,  4  per 
cent. 


Be  it  ordained,  By  the  Council  of  Wilmington  (two- 
thirds  of  all  the  members  elected  to  The  Council  concurring 
herein)  : 

Section  1.  That  as  soon  as  practicable  after  the  passage 
of  this  ordinance  there  shall  be  issued  in  the  name  of  The 
Mayor  and  Council  of  Wilmington,  bonds  to  the  amount  of 
Ten  Thousand  Dollars.  Such  bonds  shall  be  issued  each  for 
the  sum  of  Fifty  Dollars  or  multiples  thereof  and  shall  fall 
due  and  become  payable  on  the  first  day  of  October,  A.  D. 
1930.  Such  bonds  shall  be  denominated  ' '  Sinking  Fund  four 
per  cent,  loan, ' '  and  shall  bear  interest  at  the  rate  of  four  per 
centum  per  annum  payable  semi-annually  on  the  first  days  of 
April  and  October  of  each  and  every  year  after  the  date  of 
the  issue  thereof  and  shall  be  signed  by  the  Mayor  and  coun- 
tersigned by  the  City  Treasurer  and  City  Auditor  in  the  same 
manner  as  other  City  bonds,  and  a  record  thereof  shall  be  kept 
by  the  City  Treasurer  and  City  Auditor  respectively. 


Sec.  2.  The  Finance  Committee  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  to  sell  and  dispose  of  the  bonds  provided  for  by  this 
ordinance  to  the  highest  and  best  bidder  or  bidders  therefor, 
and  to  the  best  advantage  of  the  City;  and  the  proceeds  of 
such  sale  shall  be  received  by  the  City  Treasurer,  and  the 
amount  of  the  same  (but  not  the  premium  arising  therefrom), 
shall  be  by  him  made  the  subject  of  a  special  deposit  in  such 
bank  at  Wilmington  as  shall  be  the  depository  of  the  funds  of 
the  City  and  shall  be  drawn  therefrom  only  upon  the  proper 
warrant  of  The  Council  for  the  purpose  of  improving  the  pub- 
Pubiic  parks.  Hq  parks  of  the  Cit}^  of  Wilmington. 

Approved  August  1,  1907. 


Sale  of 
bonds. 


AN  ORDINANCE  to  Authorize  The  Mayor  and  Council  of  ■ 
Wilmington  to  Borrow  Five  Thousand  Dollars  to  he  Ap- 
plied and  expended  Under  the  Charge  of  the  Board  of 
Park  Commissioners  of  the  Said  City  for  the  Purpose  of 
Improving  the  Public  Parks. 

Whereas,    By  an  Act  of  the  General  Assembly  of  the 


ORDINANCES.  715 

State  of  Delaware,  entitled  "A  further  supplement  to  an  Act 
entitled  An  Act  to  provide  for  public  parks  for  the  use  of  the 
City  of  Wilming-ton  and  its  vicinity,"  passed  March  13th, 
1883,  approved  :\Iarch  29,  1905,  being  Chapter  163,  Volume 
23,  Laws  of  Delaware,  The  Mayor  and  Council  of  Wilmington, 
upon  the  recommendation  of  the  Board  of  Park  Commission- 
ers, was  authorized  to  borrow  a  sum  or  sums  not  exceeding  in 
the  aggregate  Twenty  Thousand  Dollars  to  be  applied  and  ex- 
pended under  the  charge  of  the  Board  of  Park  Commissioners 
of  the  said  City  for  the  purpose  of  improving  the  parks ; 

And  Whereas,  The  said  Board  of  Park  Commissioners, 
has  filed  with  The  Council  of  The  Mayor  and  Council  of  Wil- 
mington its  written  recommendation  requesting  that  The 
Mayor  and  Council  of  Wilmington  provide  for  the  borrowing 
of  the  sum  of  Five  Thousand  Dollars  to  be  expended  under  the 
charge  of  said  Board  for  the  purpose  of  improving  the  parks 
of  said  City ; 

Therefore,  In  pursuance  of  the  power  and  authority 
vested  in  The  Council  by  virtue  of  said  Act  of  Assembly,  and 
by  Virtue  of  said  written  recommendation  of  said  Board  of 
Park  Commissioners, 

Be  it  ordained,  By  The  Council  of  Wilmington  (two- 
thirds  of  all  the  members  elected  to  The  Council  concurring 
herein)  : 

Section  1.  That  as  soon  as  practicable  after  the  passage 
of  this  ordinance  there  shall  be  issued  in  the  name  of  The 
jMaj^or  and  Council  of  Wilmington  bonds  to  the  amount  of 
Five  Thousand  Dollars.     Such  bonds  shall  be  issued  each  for  Bonds  to  be 

issued  for 

the  sum  of  Fifty  Dollars  or  multiples  thereof  and  shall  fall  $5,ooo. 
due  and  become  payable  on  the  first  day  of  October,  A.  D. 
1930.    Such  bonds  shall  be  denominated  ' '  Sinking  Fund  four  Fund, 
per  cent,  loan, ' '  and  shall  bear  interest  at  the  rate  of  four  per  cent.' 
centum  per  annum  payable  semi-annually  on  the  first  days  of 
April  and  October  of  each  and  every  year  after  the  date  of  the 
issue  thereof  and  shall  be  signed  by  the  Mayor  and  counter- 
signed by  the  City  Treasurer  and  City  Auditor  in  the  same 


716  ORDINANCES. 

manner  as  other  City  bonds,  and  a  record  thereof  shall  be  kept 
by  the  City  Treasurer  and  City  Auditor,  respectively. 

Sec.  2.     The  Finance  Committee  of  The  Council  and  the 
Sale  of  Commissioners  of  the  Sinking  Fund  are  hereby  authorized 

bonds.  T     T  T 

and  directed  to  sell  and  dispose  of  the  bonds  provided  for  by 
this  ordinance  to  the  highest  and  best  bidder  or  bidders  there- 
for, and  to  the  best  advantage  of  the  City;  and  the  proceeds 
of  such  sale  shall  be  received  by  the  City  Treasurer,  and  the 
amount  of  the  same  (but  not  the  premiums  arising  therefrom), 
shall  be  by  him  made  the  subject  of  a  special  deposit  in  such 
bank  at  Wilmington  as  shall  be  the  depository  of  the  funds  of 
the  City  and  shall  be  drawn  therefrom  only  upon  the  proper 
warrant  of  The  Council  for  the  purpose  of  improving  the  pub- 
Pubiic  parks,  lie  p^rks  of  the  City  of  Wilmington. 

Approved  August  1,  1907. 


AN  OKDINANCE  to  Authorize  The  Mayor  and  Council  of 
Wilmington  to  Borrow  Thirty  Thousand  Dollars  to  Pay 
for  the  Curhing,  Guttering,  Grading,  Widening,  Paving 
and  Improving  of  Tenth  Street  Between  Market  and  Tat- 
nall  Streets,  in  the  City  of  Wilmington,  Delaware. 

Whereas,  By  Section  14,  of  an  Act  entitled  "An  Act  to 
alter  and  re-establish  the  Statutes  relating  to  the  City  of  Wil- 
mington," approved  March  25th,  A.  D.  1907,  The  Council  of 
The  Mayor  and  Council  of  Wilmington  was  authorized  to  bor- 
row in  any  one  fiscal  year  for  such  municipal  purpose  or  pur- 
poses as  it  should  deem  proper,  a  sum  not  exceeding  Fifty 
Thousand  Dollars,  by  ordinance  passed  by  a  vote  of  two-thirds 
of  all  the  members  elected  to  the  Council ; 

And  Whereas,  The  Council  has  borrowed  in  the  present 
fiscal  year  the  sum  of  Twenty  Thousand  Dollars  under  said 
section  for  certain  municipal  purposes ; 

And  Whereas,  The  said  The  Council  of  The  Mayor  and 
Council  of  Wilmington  proposes  to  borrow  the  sum  of  Thirt}^ 
Thousand  Dollars  to  pay  for  the  curbing,  guttering,  grading, 


ORDINANCES.  717 

widening,  paving  and  improving  of  Tenth  street  between  Mar- 
ket street  and  Tatnall  street,  in  the  City  of  Wihnington,  Dela- 
ware ; 

Therefore,  Be  it  ordained,  Bj^  the  Council  of  Wilming- 
ton (two-thirds  of  all  the  members  elected  to  The  Council  con- 
curring herein)  : 

Section  1.  That  as  soon  as  practicable  after  the  passage 
of  this  ordinance  there  shall  be  issued  in  the  name  of  The  Bonds  to  be 

issued  for 

Mayor  and  Council  of  Wilmington,  bonds  to  the  amount  of  $30,ooo. 
Thirty  Thousand  Dollars.    Such  bonds  shall  be  issued  each  for 
the  sum  of  Fifty  Dollars  or  multiples  thereof,  and  shall  fall 

•^  -^  '  Maturity. 

due  and  become  payable  as  follows:  Eight  Thousand  and 
Seven  Hundred  Dollars  thereof  on  the  first  day  of  October, 
1930;  and  Twenty-one  Thousand  and  Three  Hundred  Dollars 
thereof  on  the  first  day  of  April,  1931. 

Such  bonds  shall  be  denominated  ' '  Sinking  Fund  four  Rate,  4  per 
per  cent,  loan,"  and  shall  bear  interest  at  the  rate  of  four  per  sinking 
centum  per  annum,  payable  semi-annually,  on  the  first  days  of 
April  and  October  in  each  and  every  year  after  the  date  of 
issue. 

The  bonds  issued  under  the  provisions  of  this  ordinance  Execution 
shall  be  signed  by  the  Mayor  and  countersigned  by  the  City 
Treasurer  and  City  Auditor  in  the  same  manner  as  other  City 
bonds,  and  a  record  thereof  shall  be  made  and  kept  by  the  City 
Auditor  and  City  Treasurer,  respectively. 

Sec.  2.     The  Finance  Committe  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  saie  of 
and  directed  to  sell  and  dispose  of  the  bonds  provided  for  by 
this  ordinance,  in  such  manner  as  in  their  judgment  will  be  to 
the  best  advantage  of  the  City ;  and  the  proceeds  of  such  sale 
shall  be  deposited  to  the  credit  of  the  Board  of  Directors  of  street  and 
the  Street  and  Sewer  Department  of  the  City  of  Wilmington  plnment.' 
in  such  bank  or  trust  company  as  shall  be  the  depository-  of 
the  funds  of  said  Board,  and  shall  be  withdrawn  therefrom 
only  on  orders  or  warrants  signed  by  the  President  of  said 


718 


ORDINANCES. 


Board  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor. 

Approved  May  5,  1908. 


AN  ORDINANCE  to  Borrow  Twenty  Thousand  Dollars,  Fif- 
teen Thousand  Dollars  of  which  Shall  he  Used  for  the 
Purpose  of  Purchasing  Land  for  Park  Purposes  and  Five 
Thousand  Dollars  of  which  Shall  he  Used  for  the  Erection 
of  a  Bath  House  in  or  Near  Kirkivood  Park. 

Whereas,  Bj'-  Section  14  of  an  Act  entitled  "An  Act  to 
alter  and  re-establish  the  statutes  relating  to  the  City  of  Wil- 
mington," approved  March  25th,  A.  D.  1907,  The  Council  of 
The  Mayor  and  Council  of  Wilmington  was  authorized  to  bor- 
row in  any  one  fiscal  year  from  such  municipal  purpose  or 
purposes  as  it  should  deem  proper,  a  sum  not  exceeding  Fifty 
Thousand  Dollars  by  ordinance  passed  by  a  vote  of  two-thirds 
of  all  the  members  elected  to  The  Council ; 

And  Whereas,  A  majority  of  the  Board  of  Park  Com- 
missioners of  the  City  of  Wilmington  have  recommended  to 
The  Council  that  the  sum  of  Fifteen  Thousand  Dollars  be  bor- 
rowed for  the  purchase  or  acquisition  of  lands  for  the  purpose 
of  opening  and  extending  the  area  of  the  public  parks  of  the 
City,  and  Five  Thousand  Dollars  to  be  used  towards  the  erec- 
tion of  a  bath  house  in  or  near  Kirkwood  Park. 

Therefore,  Be  it  ordained,  By  The  Council  of  Wilming- 
ton (two-thirds  of  all  the  members  elected  to  The  Council  con- 
curring herein)  : 


Bonds  to  be 
issued  for 

$20,000. 


Maturity. 
Sinking 
Fund. 
Rate,  4  per 
cent. 


Section  1.  That  as  soon  as  practicable  after  the  passage 
of  this  ordinance  there  shall  be  issued  in  the  name  of  The 
Mayor  and  Council  of  Wilmington,  bonds  to  the  amount  of 
Twenty  Thousand  Dollars.  Such  bonds  shall  be  issued  each 
for  the  sum  of  Fifty  Dollars  or  multiples  thereof,  and  shall 
fall  due  and  become  payable  on  the  first  day  of  October,  1930. 
Such  bonds  shall  be  denominated  "Sinking  Fund  four  per 
cent,  loan,"  and  shall  bear  interest  at  the  rate  of  four  per 
centum  per  annum,  payable  semi-annually  on  the  first  day  of 


ORDINANCES.  719 

April  and  October  in  each  and  every  year  after  date  of  issue. 

The  bonds  issued  under  the  provisions  of  this  ordinance  shall 

be  signed  by  the  Mayor  and  countersigned  by  the  City  Treas-  Execution. 

urer  and  the  City  Auditor  in  the  same  manner  as  other  City 

bonds,  and  a  record  thereof  shall  be  made  and  kept  by  the  City 

Auditor  and  City  Treasurer,  respectively. 

Sec.  2.    The  Finance  Committee  of  The  Council  and  the 
Conunissioners  of  the   Sinking  Fund  are  herebv  authorized 

"  "  Sale  of 

and  directed  to  sell  and  dispose  of  the  bonds  provided  for  by  bonds. 
this  ordinance  to  the  highest  and  best  bidder  or  bidders  there- 
for and  to  the  best  advantage  of  the  City ;  and  the  proceeds  of 
such  sale  shall  be  received  by  the  City  Treasurer  and  the 
amount  of  the  same  (but  not  the  premium  arising  therefrom), 
shall  be  by  him  made  the  subject  of  a  special  deposit  in  such 
bank  at  Wilmington  as  shall  be  the  depository  of  the  funds  of 
the  City,  and  shall  be  drawn  therefrom  only  upon  the  proper 
warrant  of  The  Council.     Bonds  to  the  amount  of  Fifteen 
Thousand  Dollars  shall  be  sold,  the  proceeds  to  be  used  for  the 
purpose  of  purchasing  land  for  park  purposes  and  bonds  to  ^^^^'^^^  parks. 
the  amount  of  Five  Thousand  Dollars  shall  be  sold,  the  pro- 
ceeds to  be  used  for  the  purpose  of  erection  of  a  bath  house  in  ^^^^  house. 
or  near  Kirkwood  Park. 

Approved  February  10,  1908. 


AN  ORDINANCE  to  Borrow  Twenty-five  Thousand  Dollars 
for  the  Completion  and  Operation  of  the  Vt'ater  Supply 
System  of  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  approved  March  29th,  A.  D.  1907,  entitled 
"An  Act  to  authorize  the  Mayor  and  Council  of  Wilmington 
to  borrow  Eight  Hundred  Thousand  Dollars  for  the  purpose 
of  paying  off  any  floating  indebtedness  and  current  liability 
in  connection  with  the  Water  Works  System  of  the  City  of 
Wilmington,  and  for  defraying  the  cost  of  acquiring  real  es- 
tate and  water  rights  and  for  the  completion,  construction, 
erection  and  equipment  of  new  reservoirs,  filter  plants,  pump- 
ing stations,  pumping  engines,  pipes,  mains  and  other  appur- 


720  •        ORDINANCES. 

tenances  necessary  for  the  completion  and  operation  of  the 
reservoir  and  filtration  plants  in  connection  with  the  extension 
of  the  Water  Supply  System  of  the  City  of  Wilmington, ' '  the 
Mayor  and  Council  of  Wilmington  was  authorized  and  em- 
powered to  borrow,  by  ordinance  of  The  Council,  a  sum  not 
exceeding  Eight  Hundred  Thousand  Dollars,  to  be  expended 
for  the  purpose  of  paying  off  any  floating  indebtedness  and 
current  liability  in  connection  with  the  Water  Works  System 
of  the  City  of  Wilmington,  and  for  defraying  the  cost  of  ac- 
quiring real  estate  and  water  rights ;  and  for  the  completion, 
operation,  construction,  erection  and  equipment  of  new  reser- 
voirs, filter  plants,  pumping  stations,  pumping  engines,  pipes, 
mains  and  other  appurtenances  necessary  for  the  completion 
and  operation  of  the  Water  Supply  System  of  the  City  of  Wil- 
mington ;  and  for  the  purpose  of  securing  the  payment  of  such 
sum,  to  issue  bonds  in  denominations  of  One  Thousand  Dol- 
lars each,  bearing  such  rate  of  interest  not  exceeding  four  and 
one-half  per  centum  as  The  Council  of  The  Mayor  and  Council 
of  Wilmington  may  deem  expedient ; 

And  Whereas,  It  was  further  provided  in  said  Act  that 
said  bonds  or  any  part  thereof,  may  be  sold  when  and  as  The 
Council  of  The  Maj'or  and  Council  of  Wilmington  shall  de- 
termine ; 

And  Whereas,  It  was  further  provided  in  said  Act  that 
whenever  the  Board  of  Water  Commissioners  of  the  City  of 
Wilmington  shall  deem  it  necesasry  to  have  The  Council  sell 
any  or  all  of  said  bonds,  the  said  Board  shall,  by  resolution,  re- 
quest The  Council  to  issue  any  portion  or  all  of  said  bonds ; 

And  Whereas,  The  said  Board  of  Water  Commissioners 
in  conformity  with  the  provisions  of  said  Act  deeming  it  neces- 
sary to  have  all  of  said  bonds  issued  and  sold,  has  by  resolu- 
tion of  said  Board  requested  the  said  Council  to  issue  and  sell 
all  of  said  bonds,  said  resolution  having  been  presented  to  said 
Council  and  filed  among  the  records  thereof ; 

And  Whereas,  Classes  "A"  to  "K,"  inclusive,  of  the 
bonds  authorized  to  be  issued  under  the  provisions  of  said  Act 


ORDINANCES.  721 

of  Assembh',  aggregatiug  Four  Hundred  and  Thirty  Thou- 
sand Dollars  having  been  issued  and  sold,  and  such  issue  and 
sale  duly  authorized  and  ratified  by  ordinances  and  resolu- 
tions of  The  Council  heretofore  duly  passed ; 

And  Whereas,  None  of  the  bonds  authorized  to  be  issued 
and  sold  under  the  provisions  of  said  Act  of  Assembly,  with 
the  exception  of  said  Classes  "A"  to  "K,"  inclusive,  have 
been  issued  or  sold  by  the  said  Council  or  the  Finance  Com- 
mittee of  said  Council  or  by  The  Mayor  and  Council  of  Wil- 
mington ; 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf ; 

Be  it  ordained,  By  the  Council  of  Wilmington  (two- 
thirds  of  all-  the  members  elected  to  The  Council  concurring 
herein)  : 

Section  1.  That  as  soon  as  practicable  after  the  passage 
of  this  ordinance  there  shall  be  issued  in  the  name  of  The 
name  of  the  IMayor  and  Council  of  Wilmington  in  accordance 
with  the  provisions  of  the  above  recited  Act  of  the  General 
Asesmblv  of  the  State  of  Delaware,  bonds  to  the  amount  of  Bonds  to  be 

'  issued  for 

Twenty-five  Thousand  Dollars  in  the  aggregate,  and  the  credit  $-5.ooo. 
of  The  Mayor  and  Council  of  Wilmington  is  hereby  pledged 
for  the  payment  of  both  principal  and  interest  in  accordance 
with  the  terms  of  the  aforesaid  Act.  Such  bonds  shall  be  is- 
sued for  the  sum  of  One  Thousand  Dollars  each,  and  shall  fall 
due  and  become  payable  as  provided  in  the  above  recited  Act 
of  the  General  Assembly. 

Said  bonds  shall  be  denominated  "Wilmington  Water 
Works'  Bonds, ' '  and  shall  bear  interest  at  the  rate  of  four  per  j^j^j.^  4  p^j. 
centum  per  annum,  payable  semi-annually  on  the  first  day  of  ^®"*- 
May  and  the  first  day  of  November  in  each  and  every  year 
after  the  date  of  the  issue  thereof;  and  shall  be  signed  by  the 
Mayor  of  the  City  of  Wilmington  and  under  the  seal  of  the 
City,  and  shall  be  countersigned  by  the  City  Treasurer  and 
the  City  Auditor  in  the  same  manner  as  other  City  bonds ;  and 


722  ORDINANCES. 

Execution,  j^  shall  be  the  duty  of  such  officers  to  execute  said  bonds  when 
directed  by  resolution  of  The  Council  to  do  so,  and  it  shall  also 
be  the  duty  of  the  City  Treasurer,  City  Auditor  and  the  Board 
of  Water  Commissioners  to  keep  a  record  of  said  bonds. 

Sec.  2.     The  Finance  Committee  of  The  Council  is  here- 

Sale  of  .  . 

bonds.  by  authorized  and  directed  immediately  after  the  issuance  of 

the  bonds  provided  for  by  this  ordinance  to  sell  and  dispose  of 
said  bonds  to  the  highest  and  best  bidder  or  biddei's  therefor, 
on  the  most  advantageous  terms  possible,  after  having  adver- 
tised the  sale  of  the  same  in  the  public  press  at  least  once  each 
week  for  at  least  two  weeks,  and  the  money  received  from  the 
sale  of  said  bonds  shall  be  paid  to  the  City  Treasurer  and  shall 
be  by  him  deposited  to  the  credit  of  the  Board  of  Water  Com- 
missioners in  a  separate  account  and  payments  therefrom  shall 
Proceeds  to  ^®  made  in  the  same  manner  as  other  payments  are  made  by 
watei-'com-  ^^^  Board  of  Water  Commissioners.  The  money  so  obtained 
and  deposited  shall  be  used  by  said  Board  of  Water  Commis- 
sioners as  provided  in  said  Act  of  the  General  Assembly ;  pro- 
vided that  the  purchasers  or  holders  of  said  bonds  shall  not  be 
bound  to  see  to  or  be  affected  by  the  application  or  mis-appli- 
cation of  an}^  of  said  monej^  realized  from  the  sale  of  said 
bonds. 

Sec.  3.  Said  bond  shall  contain  such  provisions  not  in- 
consistent with  the  aforesaid  Act  of  the  General  Assembly  as 
shall  secure  to  the  holders  thereof  the  payment  of  the  prin- 
cipal and  interest  due  thereon,  according  to  the  provisions  of 
said  Act  of  Assembly. 

Approved  August  11,  1908. 


missioners. 


AN  ORDINANCE  to  AutJiorize  The  Mayor  and  Council  of 
Wilmington  to  Borrow  Seventy-five  Thousand  Dollars  for 
the  CurMng,  Guttering,  Grading,  Widening,  Paving  and 
Improving  of  Streets  and  Avenues  and  the  Building  of 
Sewers  and  Conduits  in  the  City  of  Wilmington,  Dela- 
ware. 

Whereas,    By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  authorize  The  Mayor 


ORDINANCES.  723 

and  Council  of  Wilmington  to  borrow  money  for  the  curbing, 
guttering,  grading,  widening,  paving  and  improving  of  streets 
and  avenues  and  tlie  building  of  sewers  and  conduits  in  the 
City  of  Wilmington,  Delaware,"  approved  March  4,  A.  D. 
1907,  The  ]\Iayor  and  Council  of  Wilmington  was  given  power 
and  authority  to  borrow  monej^  for  the  curbing,  guttering, 
grading,  widening,  paving  and  improving  of  the  streets,  ave- 
nues, lanes  or  alleys  and  the  building  of  sewers  and  conduits 
in  the  City  of  Wilmington,  Delaware,  in  such  amounts  and  at 
such  times  as  the  said  The  IMayor  and  Council  of  Wilmington 
should  deem  necessary  to  be  borrowed  and  as  said  The  Mayor 
and  Council  of  Wilmington  should  by  ordinance,  prescribe 
and  appoint;  and  to  issue  the  bonds  of  said  City  in  payment 
therefor  with  interest ; 

And  Whereas,  It  is  further  provided  by  said  Act  that 
the  Board  of  Directors  of  the  Street  and  Sewer  Department 
of  The  JMayor  and  Council  of  Wilmington,  shall,  before  any 
moneys  are  so  borrowed  under  the  authority  of  said  Act,  pre- 
pare and  present  to  The  Council  of  the  said  The  ]\Iayor  and 
Council  of  Wilmington,  a  list  showing  location  and  estimated 
cost  of  improvements  as  far  as  practicable,  which  improve- 
ments in  the  judgment  of  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  should  be  made ; 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformity  with  the  provisions  of 
said  Act,  have  prepared  and  presented  to  said  The  Council,  a 
list  showing  the  location,  and  the  estimated  cost  of  improve- 
ments, which  in  the  judgment  of  said  Board  of  Directors  of 
the  Street  and  Sewer  Department  should  be  made ; 

And  Whereas,  The  said  The  Council  of  The  IMayor  and 
Council  of  Wilmington  proposes  to  fix  hy  ordinance  the 
amount  to  be  borrowed,  basing  said  amount  on  the  estimates 
submitted  by  the  said  Board  of  Directors  of  the  Street  and 
Sewer  Department ; 


724 


ORDINANCES. 


Bonds  to  be 
issued  for 
$75,000. 


And  Whereas,  In  the  judgment  of  The  Council,  the  sum 
of  Seventy-five  Thousand  Dollars  should  be  borrowed  for  the 
purposes  recited  in  said  Act ; 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  vested  in  The  Council  by  said  Act  of  the  General 
Assembly  of  the  State  of  Delaware  in  that  behalf. 

Be  it  ordained,  By  the  Council  of  Wilmington  (two- 
thirds  of  all  the  members  elected  to  The  Council  concurring 
herein)  : 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  The  Mayor  and 
Council  of  Wilmington,  in  accordance  with  the  provisions  of 
the  above  recited  Act  of  the  General  Assembly  of  the  State  of 
Delaware,  bonds  to  the  amount  of  Seventy-five  Thousand  Dol- 
lars ;  such  bonds  shall  be  issued  each  for  the  sum  of  Fif tj-  Dol- 
lars ($50.00)  or  multiples  thereof  and  shall  fall  due  and  be- 
come payable  as  follows : 


Maturities.  Sixty-eight  Thousand  Two  Hundred  Dollars  thereof  on 

the  first  day  of  April,  A.  D.  1931 ;  and  Sixty-eight  Hundred 
Dollars  thereof  on  the  first  dav  of  October,  A.  D.  1931. 


Rate,  4  per 
cent. 


Said  bonds  shall  be  denominated  "Sinking  Fund  Four 
Per  Cent.  Loan"  and  shall  bear  interest  at  the  rate  of  four 
per  centum  per  annum,  payable  semi-annually  on  the  first  day 
of  April  and  the  first  day  of  October  in  each  and  every  j^ear 
after  the  date  of  the  issue  thereof,  and  shall  be  signed  bj'  the 
Mayor  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor in  the  same  manner  as  other  city  bonds  are  signed  and  a 
record  thereof  shall  be  kept  by  the  City  Treasurer  and  City 
Auditor,  respectively. 


Sale  of 
bonds. 


Sec.  2.  The  Finance  Committee  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance,  to  sell  and  dispose  of  any  part  or  all  of 
the  said  bonds  in  such  amount  or  amounts  as  the  Finance 


ORDINANCES.  725 

Committee  of  The  Council  shall  determine  to  the  highest  and 
best  bidder  or  bidders  therefor  and  to  the  best  advantage  of 
the  city.  The  moneys  so  borrowed  shall  be  paid  into  the  city 
treasury,  and  upon  receipt  of  the  same  by  the  City  Treasurer, 
he  shall  deliver  the  amount  of  the  same  to  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department  of  the  said  City  of 
Wilmington,  which  said  Board  shall  have  supervision,  man- 
agement, direction  and  control  of  the  work  required  to  be  done 
with  the  proceeds  of  the  sale  of  said  bonds  and  the  expendi- 
ture of  the  money  necessary  with  respect  thereto;  provided, 
however,  that  the  purchasers  or  holders  of  the  bonds  to  be  is- 
sued under  the  provisions  of  this  ordinance  shall  in  no  wise  be 
responsible  for  the  application  or  misapplication  of  the  funds 
realized  from  the  sale  of  said  bonds. 

Sec.  3.  All  moneys  borrowed  under  the  provisions  of  this 
ordinance  shall  be  placed  or  deposited  by  the  Board  of  Direc- 
tors of  the  Street  and  Sew^er  Department  of  the  said  City  of  streeTand*^ 
Wilmington  in  such  bank  or  trust  company  in  the  City  of  Wil-  pli^ment. 
mington  as  shall  be  the  depository  of  the  funds  of  such  Board, 
and  no  warrant  or  order  for  the  payment  of  money  shall  be 
drawn  against  said  funds  except  such  warrant  or  order  is  for 
pa3^nent  for  work  done  or  materials  furnished  or  implements 
used  upon  or  about  the  improvement  or  improvements  pro- 
vided for  in  said  Act  of  the  General  Assembly,  or  for  the  curb- 
ing, guttering,  grading,  widening,  paving  and  improving  of 
the  streets,  avenues,  lanes  or  alleys  and  the  building  of  sewers 
and  conduits  in  the  City  of  Wilmington,  Delaware. 

All  orders  or  warrants  for  the  payment  of  money  to  be 
drawn  against  said  funds  shall  be  signed  by  the  President  of 
said  Board  and  countersigned  by  the  City  Treasurer  and  City 
Auditor. 

Approved  August  11,  1908. 


726  ORDINANCES. 

AX  ORDIXAXCE  to  authorize  The  Mayor  and  Council  of 
Wilmington  to  horroiv  Tiventy-five  Thousand  Dollars  for 
the  curbing,  guttering,  grading,  widening,  paving  a)id  im- 
proving of  streets  and  avenues  and  the  huilding  of  sewers 
and  conduits  in  the  City  of  Wilmington,  Delaware. 

AVhereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware  entitled  "An  Act  to  authorize  The  Mayor 
and  Council  of  Wilniin^on  to  borrow  money  for  the  curbing, 
guttering,  grading,  widening,  paving  and  impro\dng  of  streets 
and  avenues  and  the  building  of  sewers  and  conduits  in  the 
City  of  Wilmington,  Delaware,"  approved  March  4,  A.  D. 
1907,  The  Mayor  and  Council  of  Wilmington  was  given  power 
and  authority  to  borrow  money  for  the  curbing,  guttering, 
grading,  widening,  paving  and  improving  of  the  streets,  ave- 
nues, lanes  or  alleys  and  the  building  of  sewers  and  conduits 
in  the  City  of  Wilmington,  DelaAvare,  in  such  amounts  and  at 
such  times  as  the  said  The  ]\Iayor  and  Council  of  Wilmington 
should  deem  necessary  to  be  borrowed  and  as  said  The  Mayor 
and  Council  of  Wilmington  should  by  ordinance,  prescribe  and 
appoint ;  and  to  issue  the  bonds  of  said  city  in  payment  there- 
for with  interest ; 

And  Whereas,  It  is  further  provided  by  said  Act  that  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of 
The  Mayor  and  Council  of  Wilmington,  shall,  before  any 
moneys  are  so  borrowed  under  the  authority  of  said  Act,  pre- 
pare and  present  to  The  Council  of  the  said  The  Mayor  and 
Council  of  Wilmington  a  list  showing  location  and  estimated 
cost  of  improvements  as  far  as  practicable  which  improve- 
ments in  the  judgment  of  said  Board  of  Directors  of  the 
Street  and  Sewer  Department  should  be  made ; 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformity  with  the  provisions  of 
said  Act,  have  prepared  and  presented  to  said  The  Council  a 
list  showing  the  location,  and  the  estimated  cost  of  improve- 
ments, which  in  the  judgment  of  said  Board  of  Directors  of 
the  Street  and  Sewer  Department  should  be  made ; 


ORDINANCES.  727 

And  Whereas,  The  said  The  Council  of  The  Mayor  and 
Council  of  Wilmington  proposes  to  fix  by  ordinance  the 
amount  to  be  borrowed,  basing-  said  amount  on  the  estimates 
submitted  by  the  said  Board  of  Directors  of  the  Street  and 
Sewer  Department; 

And  Whereas,  In  the  judgment  of  The  Council,  the  sum 
of  Twenty-five  Tli^usaud  Dollars  should  be  borrowed  for  the 
purposes  recited  in  said  Act ; 

Therefore,  In  pursuance  and  by  virtue  of  the  powei'  and 
authority  vested  in  The  Council  by  said  Act  of  the  General  As- 
sembly of  the  State  of  Delaw^are  in  that  behalf, 

Be  it  ordained  by  The  Council  of  Wilmington  (two- 
thirds  of  all  the  members  elected  to  The  Council  concurring 
herein)  : 

Section  1.  That  immediately  after  the  passage  of  this  or- 
dinance there  shall  be  issued  in  the  name  of  The  IMayor  and 
Council  of  Wilmington,  in  accordance  with  the  provisions  of 
the  above  recited  Act  of  the  General  Assembly  of  the  State  of  Bonds  to  be 

issupd.  for 

Delaware,  bonds  to  the  amount  of  Twenty-five  Thousand  Dol-  $25,000. 
lars ;  such  bonds  shall  be  issued  each  for  the  sum  of  Fifty  Dol- 
lars ($50.00)  or  multiples  thereof  and  shall  fall  due  and  be- 
come payable  on  the  first  day  of  October,  A.  D.  1931. 


Said  bonds  shall  be  denominated  "  Sinking  Fund  Four  Per 
Cent.  Loan, ' '  and  shall  bear  interest  at  the  rate  of  four  per  cent 
centum  per  annum,  payable  semi-annually  on  the  first  day  of 
April  and  the  first  da^'  of  October  in  each  and  every  year  after 
the  date  of  the  issue  thereof,  and  shall  be  signed  bj^  the  Mayor 
and  countersigned  by  the  City  Treasurer  and  City  Auditor  in 
the  same  manner  as  other  city  bonds  are  signed,  and  a  record 
thereof  shall  be  kept  by  the  City  Treasurer  and  City  Auditor, 
respectively. 

Sec.  2.  The  Finance  Committee  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 


Rate,  4  per 


728 


ORDINANCES. 


Sale  of 
bonds. 


Proceeds  to 
Street  and 
Sewer  De- 
partment. 


for  by  this  ordinance,  to  sell  and  dispose  of  any  part  or  all  of 
the  said  bonds  in  such  amount  or  amounts  as  the  Finance  Com- 
mittee of  The  Council  shall  determine  to  the  highest  and  best 
bidder  or  bidders  therefor  and  to  the  best  advantage  of  the 
city.  The  moneys  so  borrowed  shall  be  paid  into  the  city  treas- 
ury, and  upon  receipt  of  the  same  by  the  City  Treasurer,  he 
shall  deliver  the  amount  of  the  same  to  the  Board  of  Directors 
of  the  Street  and  Sewer  Department  of  tl;^  said  City  of  Wil- 
mington, which  said  Board  shall  have  supervision,  manage- 
ment, direction  and  control  of  the  work  required  to  be  done 
with 'the  proceeds  of  the  sale  of  said  bonds  and  the  expendi- 
ture of  the  money  necessary  with  respect  thereto ;  provided, 
however,  that  the  purchasers  or  holders  of  the  bonds  to  be  is- 
sued under  the  jDrovisions  of  this  ordinance  shall  in  no  wise  be 
responsible  for  the  application  or  misapplication  of  the  funds 
realized  from  the  sale  of  said  bonds. 


Limitation 
as  to  ex- 
penditure. 


Warrants. 


Sec.  3.  All  moneys  borrowed  under  the  provisions  of  this 
ordinance  shall  be  placed  or  deposited  by  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department  of  the  said  City  of 
Wilmington  in  such  bank  or  trust  company  in  the  City  of  Wil- 
mington as  shall  be  the  depository  of  the  funds  of  such  Board, 
and  no  warrant  or  order  for  the  payment  of  money  shall  be 
drawn  against  said  funds  except  such  warrant  or  order  is  for 
payment  -for  work  done  or  materials  furnished  or  implements 
used  upon  or  about  the  improvement  or  improvements  pro- 
vided for  in  said  Act  of  the  General  Assembly,  or  for  the  curb- 
ing, guttering,  grading,  widening,  paving  and  improving  of 
the  streets,  avenues,  lanes  or  alleys  and  the  building  of  sewers 
and  conduits  in  the  City  of  Wilmington,.  Delaware. 

All  orders  or  warrants  for  the  payment  of  money  to  be 
drawn  against  said  funds  shall  be  signed  by  the  President  of 
said  Board  and  countersigned  by  the  City  Treasurer  and  City 
Auditor. 


Approved  August  27,  1908. 


ORDINANCES.  729 

AX  ORDIXAXCE  to  authorize  The  Mayor  and  Council  of 
Wilmington  to  borrow  Two  Hundred  and  Fifty  Thousand 
Dollars  for  the  curbing,  guttering,  grading,  widening, 
paving  and  improving  of  streets  and  avenues  and  the 
building  of  sewers  a)id  conduits  i)i  the  Cily  of  Wilming- 
ton, Delaware. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  entitled  "An  Act  to  authorize  The  Mayor 
and  Council  of  Wilmington  to  borrow  money  for  the  curbing, 
guttering,  grading,  widening,  paving  and  improving  of  streets 
and  avenues  and  the  building  of  sewers  and  conduits  in  the 
City  of  Wilmington,  Delaware,"  approved  March  -Ith,  A.  D. 
1907,  The  ]\Iayor  and  Council  of  Wilmington  was  given  power 
and  authority  to  borrow  money  for  the  curbing,  guttering, 
grading,  widening,  paving  and  improving  of  the  streets,  ave- 
nues, lanes  or  alleys  and  the  building  of  sewers  and  conduits 
in  the  City  of  Wilmington,  Delaware,  in  such  amounts  and  at 
such  times  as  the  said  The  Mayor  and  Council  of  Wilmington 
should  deem  necessary  to  be  borrowed  and  as  said  The  ]\Iayor 
and  Council  of  Wilmington  should  by  ordinance  prescribe  and 
appoint ;  and  to  issue  the  bonds  of  said  city  in  payment  there- 
for with  interest ; 

And  Whereas,  It  is  further  provided  by  said  Act  that  the 
Board  of  Directors  of  the  Street  and  Sewer  Department  of 
The  i\Iayor  and  Council  of  Wilmington,  shall,  before  any 
moneys  are  so  borrowed  under  the  authority  of  said  Act,  pre- 
pare and  present  to  The  Council  of  the  said  The  ]Mayor  and 
Council  of  Wilmington,  a  list  showing  location  and  estimated 
cost  of  improvements  as  far  as  practicable,  which  improve- 
ments in  the  judgment  of  said  Board  of  Directors  of  the  Street- 
and  Sewer  Department  should  be  made;  ^ 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformity  with  the  provisions  of 
said  Act,  has  prepared  and  presented  to  said  The  Council  a  list 
showing  the  location  and  the  estimated  cost  of  improvements, 
which  in  the  judgment  of  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  should  be  made ; 


730 


ORDINANCES. 


Bonds  to  be 
issued  for 
$250,000. 


Sinking 
Fund. 

Rate,  4  per 


And  Whereas,  The  said  The  Council  of  The  Llayor  and 
Council  of  Wilmington  proposes  to  fix  by  ordinance  the 
amount  to  be  borrowed  for  said  improvements,  basing  said 
amount  on  the  estimates  submitted  by  the  said  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department ; 

And  Whereas,  In  the  judgment  of  The  Council,  the  sum 
of  Two  Hundred  and  Fifty  Thousand  Dollars  should  be  bor- 
rowed for  the  purposes  above  recited  and  authorized  by  said 
Act; 

Therefore,  In  pursuance  and  by  virtue  of  the  power  and 
authority  vested  in  The  Council  by  said  Act  of  the  General  As- 
sembly of  the  State  of  Delaware  in  that  behalf ; 

Be  it  ordained,  by  The  Council  of  Wilmington. 

Section  1.  That  immediately  after  the  passage  of  this 
ordinance,  there  shall  be  issued  in  the  name  of  The  ]\Iayoj  and 
Council  of  Wilmington,  in  accordance  with  the  provisions  of 
the  above  recited  Act  of  the  General  Assembly  of  the  State  of 
Delaware,  bonds  to  the  amount  of  Two  Hundred  and  Fifty 
Thousand  Dollars ;  such  bonds  shall  be  issued  each  for  the  sum 
of  Fifty  Dollars  ($50.00)  or  multiples  thereof,  and  shall  fall 
due  and  become  payable  as  follows :  Sixty  Thousand  Two 
Hundred  Dollars  on  October  1.  1931 ;  Ninety-four  Thousand 
Seven  Hundred  and  Fifty  Dollars  on  April  1,  1932 ;  and  Nine- 
ty-five Thousand  and  Fifty  Dollars  on  October  1,  1932. 

Said  bonds  shall  be  denominated  "Sinking  Fund  Four 
Per  Cent.  Loan,"  and  shall  bear  interest  at  the  rate  of  four 
per  centum  per  annum  payable  semi-annually  on  the  first  day 
of  April  and  the  first  day  of  October  in  each  and  every  year 
after  the  date  of  the  issue  thereof ;  and  shall  be  signed  by  the 
Mayor  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor in  the  same  manner  as  other  city  bonds  are  signed,  and  a 
record  thereof  shall  be  kept  by  the  City  Treasurer  and  City 
Auditor,  respectively. 


ORDINANCES.  731 

Sec.  2.    The'  Finance  Committee  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  and 
directed  immediately  after  the  issuance  of  the  bonds  provided 
for  by  this  ordinance,  to  sell  and  dispose  of  any  part  or  all  of  ^0^^°^ 
the  said  bonds  in  such  amount  or  amounts  as  the  Finance  Com 
mittee  of  The  Council  shall  determine,  to  the  highest  and  best 
bidder  or  bidders  therefor,  and  to  the  best  advantage  of  the 
city.    The  moneys  so  borrowed  shall  be  paid  into  the  city  treas- 
ury, and  upon  receipt  of  the  same  by  the  City  Treasurer,  he 
shall  deliver  the  amount  of  the  same  to  the  Board  of  Directors  streeTand"^ 
of  the  Street  and  Sewer  Department  of  the  said  City  of  Wil-|®^^g^^' 
mington,  which  said  Board  shall  have  supervision,  manage- 
ment, direction  and  control  of  the  work  required  to  be  done 
with  the  proceeds  of  the  sale  of  said  bonds  and  the  expendi- 
ture of  the  money  necessary  with  respect  thereto ;  provided, 
however,  that  the  purchasers  or  holders  of  the  bonds  to  be  is- 
sued under  the  provisions  of  this  ordinance  shall  in  no  wise  be 
responsible  for  the  application  or  misapplication  of  the  funds 
realized  from  the  sale  of  said  bonds. 

Sec.  3.  All  moneys  borrowed  under  the  provisions  of  this 
ordinance  shall  be  placed  or  deposited  by  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department  of  the  said  City  of 
Wilmington  in  such  bank  or  trust  company  in  the  City  of  Wil- 
mington as  shall  be  the  depositors^  of  the  funds  of  such  Board, 
and  no  warrant  or  order  for  the  payment  of  monej^  shall  be 
drawn  against  said  funds  except  such  warrant  or  order  is  for 
payment  for  work  done  or  materials  furnished  or  implements  of  expen-" 
used  upon  or  about  the  improvement  or  improvements  pro-  ^  "'*^- 
vided  for  in  said  Act  of  the  General  Assembl}^,  or  for  the  curb- 
ing, guttering,  grading,  widening,  paving  and  improving  of 
the  streets,  avenues,  lanes  or  alleys  and  the  building  of  sewers 
and  conduits  in  the  City  of  Wilmington,  Delaware. 

All  orders  or  warrants  for  the  payment  of  money  to  be  warrants, 
drawn  against  said  funds,  shall  be  signed  by  the  President  of 
said  Board  and  countersigned  by  the  City  Treasurer  and  City 
Auditor. 

Approved  April  2,  1909. 


732 


ORDINANCES. 


AN  ORDINANCE  to  authorize  The  Mayor  and  Council  of 
Wilmington  to  harrow  Twenty-five  Thousand  Dollars  to 
pay  for  the  extension  of  the  Park  System  of  the  City  of 
Wilmington,  and,  for  the  improvement  of  the  parks  of  said 
City. 

Whereas,  By  Section  14  of  an  Act  of  the  General  Assem- 
bly of  the  State  of  Delaware,  entitled  "An  Act  to  alter  and  re- 
establish the  Statutes  relating  to  the  City  of  Wilmington, ' '  ap- 
proved March  25,  A.  D.  1907,  The  Council  of  The  Mayor  and 
Council  of  Wilmington  was  authorized  to  borrow  in  any  one 
fiscal  year  for  such  municipal  purpose  as  it  should  deem 
proper,  a  sum  not  exceeding  Fifty  Thousand  Dollars,  by  ordi- 
nance passed  by  a  vote  of  two-thirds  of  all  the  members  elected 
to  Council ; 

And  Whereas,  The  Council  has  not  borrowed  during  the 
present  fiscal  year,  any  money  under  the  provisions  of  said  sec- 
tion: 


Bonds  to  be 
issued  f  or 

$25,000. 


And  Whereas,  The  said  The  Council  of  The  Mayor  and 
Council  of  Wilmington  proposes  to  borrow  the  sum  of  Twenty- 
five  Thousand  Dollars  to  pay  for  the  maintenance,  care,  exten- 
sion and  improvement  of  the  Park  System  of  said  city ; 

Therefore  be  it  ordained,  by  The  Council  of  Wilming- 
ton, (two-thirds  of  all  the  members  elected  to  The  Council  con- 
curring herein)  : 

Section  1.  That  as  soon  as  practicable  after  the  passage 
of  this  ordinance  there  shall  be  issued  in  the  name  of  The 
Mayor  and  Council  of  Wilmington,  bonds  to  the  amount  of 
Twenty-five  Thousand  Dollars.  Such  bonds  shall  be  issued 
each  for  the  sum  of  Fifty  Dollars  or  multiples  thereof,  and 
shall  fall  due  and  become  payable  as  follows :  Two  Thousand 
Five  Hundred  and  Fifty  Dollars  thereof  on  the  first  day  of 
October,  1932 ;  and  Twenty-two  Thousand  Four  Hundred  and 
Fifty  Dollars  thereof  on  the  first  day  of  April,  1933. 


Sinking 
Fund. 
Rate,  4  per 
cent. 


Such  bonds  shall  be  denominated  "Sinking  Fund  Four 
Per  Cent.  Loan,"  and  shall  bear  interest  at  the  rate  of  four 


ORDINANCES.  733 

per  centnm  per  aniinni.  payable  semi-annnallv  on  the  first 
days  of  April  and  October  in  each  and  every  year  after  the 
date  of  issue. 

The  bonds  issued  under  the  provisions  of  this  ordinance 
shall  be  signed  by  the  ]\Iayor  and  countersigned  by  the  City 
Treasurer  and  City  Auditor  in  the  same  manner  as  other  city 
bonds,  and  a  record  thereof  shall  be  made  and  kept  by  the 
City  Auditor  and  City  Treasurer,  respectively. 

Sec.  2.  The  Finance  Committee  of  The  Council  and  the 
Commissioners  of  the  Sinking  Fund  are  hereby  authorized  Sale  of 
and  directed  to  sell  and  dispose  of  the  bonds  provided  for  by 
this  ordinance,  in  such  manner  as  in  their  judgment  will  be  to 
the  best  advantage  of  the  city ;  and  the  proceeds  of  such  sale 
shall  be  deposited  to  the  credit  of  the  Board  of  Park  Commis- 
sioners of  the  City  of  Wilmington,  and  shall  be  withdrawn 
therefrom  only  on  orders  or  warrants  signed  in  the  manner 
provided  by  law.  None  of  the  money  thus  secured  shall  be 
used  for  any  purpose  other  than  to  pay  for  the  maintenance, 
care,  extension  and  improvement  of  the  Park  System  of  said  Public  parks. 
City  of  Wilmington. 

Approved  April  12,  1909. 


AN  OEDIXAXCE  ratifying  the  sale  of  One  Hundred  Tliou- 
sancl  Dollars  Water  Bonds  of  the  City  of  Wilmington  to 
he  issueel  pursuant  to  the  authority  of  " A)i  Ordinance  to 
borrow  Eight  Hundred  Thousand  Dollars  for  the  comple- 
tion and  operation  of  the  Water  Supply  System  of  the 
City  of  Wilmington,"  passed  April  25th,  1907,  fixing  the 
form  of  said  bonds,  and  authorizing  the  issuance  and  de- 
livery thereof. 

Whereas,  Pursuant  to  the  authorit^y  of  an  Act  of  the 
General  Assembly  of  the  State  of  Delaware,  approved  March 
29th,  A.  D.  1907,  entitled  "An  Act  to  authorize  The  I\Iayor 
and  Council  of  Wilmington  to  borrow  Eight  Hundred  Thou- 
sand Dollars  for  the  purpose  of  paying  off  any  floating  in- 
debtedness and  current  liability  in  connection  with  the  AVater 


734  ORDINANCES. 

Works  Sj^stem  of  the  City  of  Wilmington,  and  for  defraying 
the  cost  of  acquiring  real  estate  and  water  rights ;  and  for  the 
completion,  construction,  erection  and  equipment  of  new  res- 
ervoirs, filter  plants,  pumping  stations,  pumping  engines, 
pipes,  mains  and  other  appurtenances  necessary  for  the  com- 
pletion and  operation  of  the  reservoir  and  filtration  plants  in 
connection  with  the  extension  of  the  Water  Supply  Sj^stem  of 
the  City  of  Wilmington,"  an  ordinance  was  duly  adopted  by 
the  Council  of  the  city,  April  25th,  1907,  entitled  "An  ordi- 
nance to  borrow  Eight  Hundred  Thousand  Dollars  for  the 
completion  and  operation  of  the  Water  Supply  System  of  the 
City  of  Wilmington,"  authorizing  the  issuance  of  $800,000 
Water  Bonds  to  be  issued  in  the  classes  and  amounts  set  forth 
in  said  act,  and  authorizing  the  Finance  Committee  of  the 
Council  to  sell  and  dispose  of  all  or  any  part  of  said  bonds ; 

And  Whereas,  Pursuant  to  the  authority  of  said  Act  and 
ordinance,  there  have  been  heretofore  issued  and  sold  bonds  to 
the  amount  of  $430,000  being  Classes  "A"  to  "K"  inclusive, 
and  $25,000  of  Class  "L;" 

And  Whereas,  The  Board  of  Water  Commissioners  by  a 
•  resolution  adopted  January  11th,  1909,  requested  the  Council 
to  sell  the  remainder  of  said  bonds  so  authorized  and  has  duly 
presented  to  the  Council  a  copy  of  such  resolution ; 

And  Whereas,  The  Council  hy  a  resolution  duly  adopted 
March  18th,  1909,  directed  the  Finance  Committee  to  adver- 
tise and  sell  $100,000  of  said  bonds; 

And  Whereas,  Pursuant  to  said  ordinance  of  April  25th, 
1907,  and  to  said  resolution  of  March  18th,  1909,  the  Finance 
Committee  offered  for  sale  $100,000  of  said  bonds,  $25,000 
thereof  being  Class  "L"  and  maturing  May  1st,  1921;  $60,000 
Class  "M"  and  maturing  May  1st,  1922;  and  $15,000  Class 
"N"" maturing  May  1st,  1923,  on  the  28th  day  of  April,  1909, 
and  caused  a  notice  of  such  sale  to  be  advertised  in  the  public 
press  at  least  once  each  Aveek  for  at  least  two  weete  prior  to 
said  28th  day  of  April,  1909,  and  at  said  sale  awarded  said 
bonds  to  The  Equitable  Guarantee  and  Trust  Company  of 


ORDINANCES.  735 

Wilmington,  Delaware,  the  highest  and  best  bidder  therefor  at 
their  bid  of  101.110  Dollars  and  accrued  interest. 

Now,  Therefore,  be  it  ordained,  by  the  Council  of  the 
City  of  Wilmington  (two-thirds  of  all  members  elected  to  the 
Council  concurring  therein)  : 

Section  1.    That  the  sale  and  award  of  said  bonds  to  said  Saie  of  bonds 

ratified  and 

The  Equitable  and  Trust  Company  at  their  bid  of  101,110  Dol-  approved, 
lars  for  One  Hundred  Thousand  Dollars  par  value  thereof 
and  accrued  interest,  be  and  the  same  is  hereby  ratified  and 
approved. 

Sec.  2.    That  said  bonds  be  signed  by  the  Mayor,  Treas-  Execution. 
urer  and  Auditor  of  the  city  and  bear  the  corporate  seal  of  the 
city  and  that  the  coupons  attached  to  said  bonds  be  signed 
with  the  f  ac  simile  signature  of  the  City  Treasurer ;  said  bonds  ^^^^  4  pgj. 
to  be  dated  May  1st,  1907,  to  bear  interest  at  the  rate  of  four  '^®"*- 
(4:%)  per  centum  per  annum,  payable  semi-annually  on  the 
first  days  of  May  and  November,    and   be    payable    $25,000 
thereof,  being  part  of  Class  "L,"  on  May  1st,  1921;  $60,000, 
being  Class  "M,"  on  May  1st,  1922;  and  $15,000,  being  part 
of  Class  "N,"  on  May  1st,  1923;  said  bonds  shall  be  substan- 
tially in  the  same  form  as  the  bonds  heretofore  issued  pursu- 
ant to  said  ordinance  passed  April  25th,  1907,  as  follows : 

UNITED  STATES  OF  AMERICA, 

No.  Class 

STATE  OF  DELAWARE, 

$1,000  $1,000 

CITY  OF  wil:\iington. 

WILMINGTON  WATER  WORKS  BOND. 

The  Mavor  and  Council  of  Wilmington,  Delaware,  for  Form  of 

,  .  bond. 

value  received  hereby  acknowledges  its  indebtedness  and 
promises  to  pay  to  the  bearer  of  this  bond,  or  if  this  bond  be 
registered,  to  the  registered  holder  thereof,  his  legal  represen- 
tatives, successors  or  assigns,  at  Union  National  Bank,  Wil- 


736  ORDINANCES- 

mingtou,  Delaware,  on  the  first  day  of  May,  A.  D.  19  ,  the 
siini  of 

ONE  THOUSAND  DOLLARS 

with  interest  thereon  at  the  rate  of  four  per  centum  per  an- 
num payable  semi-annuall}'  on  the  first  days  of  May  and  No- 
vember in  each  year  upon  the  surrender  of  the  annexed  cou- 
pons as  they  become  due,  or  if  this  bond  be  registered,  to  the 
registered  holder  thereof. 

Both  principal  and  interest  are  payable  in  gold  coin  of 
the  United  States  of  America  equal  in  Meight  and  fineness  to 
the  present  standard. 

This  bond  is  one  of  the  authorized  issue  of  eight  hundred 
(800)  bonds,  numbered  from  201  to  1,000,  inclusive,  aggregat- 
ing Eight  Hundred  Thousand  Dollars  ($800,000),  issued  by 
virtue  of  and  in  compliance  with  an  Act  of  the  General  As- 
sembly of  the  State  of  Delaware,  approved  March  29th,  1907, 
entitled  "An  Act  to  authorize  The  ]Mayor  and  Council  of  Wil- 
mington to  borrow  Eight  Hundred  Thousand  Dollars  for  the 
purpose  of  paying  off  any  floating  indebtedness  and  current 
liability  in  connection  with  the  Water  Works  System  of  the 
City  of  Wilmington,  and  for  defraying  the  cost  of  acquiring 
real  estate  and  water  rights ;  and  for  the  completion,  construc- 
tion, erection  and  equipment  of  new  reservoirs,  filter  plants, 
pumping  stations,  pumping  engines,  pipes,  mains  and  other 
appurtenances  necessary  for  the  completion  and  operation  of 
the  reservoir  and  filtration  plants  in  connection  with  the  ex- 
tension of  the  Water  Supply  System  of  the  City  of  Wilming- 
ton," and  in  pursuance  of  an  ordinance  of  The  Council  of 
Wilmington,  passed  April  25th,  1907,  entitled  "An  ordinance 
to  borrow  Eight  Hundred  Thousand  Dollars  for  the  comple- 
tion and  operation  of  the  Water  Supply  System  of  the  City  of 
Wilmington." 

Upon  presentation  to  the  City  Treasurer  this  bond  mav 
be  registered  in  books  to  be  kept  for  that  purpose  in  the  office 
of  said  Treasurer  and  the  coupons  hereto  annexed  detached 
and  cancelled,  and  thereafter  this  bond  shall  be  transferable 
only  upon  said  books  by  the  registered  holder  in  person  or  by 


ORDINANCES.  731 

attorney  lawfully  authorized,  and  the  principal  and  interest 
of  this  bond  shall  be  payable  to  the  registered  holder. 

It  is  hereby  certified  that  this  bond  is  one  of  the  issue  au- 
thorized by  the  above  recited  Act  of  Assembly ;  that  all  condi- 
tions, acts  and  things  essential  to  the  validity  of  this  bond 
exist,  have  happened  and  have  been  done ;  that  every  require- 
ment of  law  affecting  the  issue  thereof  has  been  duly  complied 
with ;  that  the  indebtedness  of  said  The  Mayor  and  Council  of 
Wilmington,  including  this  issue  of  bonds  is  within  every  debt 
and  other  limit  prescribed  by  the  Constitution  and  Laws  of 
the  State  of  Delaware;  and  that  the  faith  and  credit  of  The 
Mayor  and  Council  of  Wilmington  are  pledged  for  the  punc- 
tual payment  of  the  principal  and  interest  of  this  bond  ac- 
cording to  its  terms. 

IN  WITNESS  WHEREOF,  the  signatures  of  the  Mayor, 
City  Treasurer  and  City  Auditor  of  the  City  of  Wilmington 
are  hereto  subscribed  and  the  corporate  seal  of  the  said  city 
is  hereto  affixed  this  first  day  of  May,  A.  D.  1907. 


Mayor. 


Treasurer. 


Auditor. 
(Form  of  Coupon.)  Form  of 

coupon. 

On  the  first  day  of  ,  A.  D.  19     ,  The  Mayor 

and  Council  of  Wilmington   will   pay   to   the  bearer  $20  at 
Union  National  Bank,  Wilmington,  Delaware, 

TWENTY  DOLLARS 

in  gold  coin  of  the  United  States  of  America,  equal  in  weight 


738 


ORDINANCES. 


and  fineness  to  the  present  standard,  being  six  months'  inter- 
est then  due  on  Wihuington  Water  Works  Bond  No. 
dated  the  first  day  of  May,  A.  D.  1907. 
Class 


Registration. 


City  Treasurer. 
.  Conpon  No. 

(Form  of  Endorsement  to  be  Placed  on  Back.) 

CERTIFICATE  OF  REGISTRATION. 

At  the  reqmest  of  the  holder  of  the  within  bond  for  its 
conversion  into  a  registered  bond  it  is  hereby  certified  that  I 
have  this  day  cut  off  and  destroyed coupons  at- 
tached to  said  bond,  numbered  from to 

of   the  amount   and  value   of   Twenty    ($20)    Dollars   each, 

amounting  in  the  aggregate  to 

Dollars  ($  ),  and  that  the  within  bond  is  hereby 

converted  into  a  registered  bond  with  the  principal  thereof 

and  semi-annual  interest  thereon  payable  to 

or assignee  or  legal  representative. 

Dated 19.  . 

•  •  •   / 

City  Treasurer. 


Execution 
of  bonds. 


Date  of 
Registry 

hi  Whose  Name  Registered 

City 
Treasurer 

Sec.  3.    That  the  Mayor,  City  Auditor  and  Treasurer  be 
and  they  hereby  are  authorized  and  directed  to  execute  said 
bonds  and  deliver  the  same  to  said  purchaser 
upon  payment  of  the  purchase  price  therefor  as  aforesaid. 

Approved  May  7,  1909. 


ORDINANCES.  739 

AN  OBDINANCE  to  provide  for  the  borrowing  of  Ninety 
Thousand  Dollars  ($90,000.00)  for  the  purpose  of  defray- 
ing the  expense  of  the  construction  of  'a  sewer  to  he 
known  as  the  Price's  Run  Sewer,  situate  in  the  Ninth 
Wai^d  of  the  City  of  Wilmington. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the  Preamble. 
State  of  Delaware,  entitled  ' '  An  Act  to  Protect  the  Health  of 
the  Citizens  of  Wilmington,"  approved  the  twenty-sixth  day 
of  March,  A.  D.  1903,  the  Mayor  and  Council  of  Wilmington 
was  authorized  and  empowered  to  borrow  by  ordinance  of  the 
Council  of  Wilmington,  the  sum  of  Ninety  Thousand  Dollars 
($90,000.00)  to  be  appropriated,  applied  and  expended, 
through  the  agency  and  in  the  discretion  of  the  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department  of  the  City  of 
Wilmington,  to  purchase  laud  for,  and  to  lay  and  construct  a 
trunk  line  sewer  to  be  known  as  the  Price's  Kun  Sewer,  situate 
in  the  Ninth  Ward  of  the  said  City  of  Wilmington ; 

And  Whereas,  It  was  further  provided  by  said  Act  that 
any  and  all  sums  of  money  borrowed  under  the  authority  of 
said  Act  should  be  borrowed  by  the  ]\Iayor  and  Council  of 
Wilmington  at  such  times  and  in  such  amounts  as  the  said 
Board  of  Directors  of  the  Street  and  Sewer  Department  may 
decide  and  direct ;  • 

And  Whereas,  The  said  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  conformity  with  the  provisions  of 
said  Act,  have  filed  a  written  request  or  direction,  wherein 
said  Board  directs  the  IMayor  and  Council  of  Wilmington  to 
provide  for  the  immediate  borrowing  of  Ninety  Thousand  Dol- 
lars ($90,000.00),  for  the  purposes  aforesaid,  and  to  authorize 
the  issuance  of  bonds  of  the  said  Mayor  and  Council  of  Wil- 
mington for  the  payment  of  the  sum  of  money  so  to  be  bor- 
rowed, which  said  request  or  direction  has  been  presented  to 
the  Council  and  filed  among  the  records  thereof ; 

Therefore,  in  pursuance  and  by  virtue  of  the  power  and 
authority  of  the  Act  of  the  General  Assembly  in  that  behalf. 


740 


ORDINANCES. 


Be  it  ordained,  by  the  Council  of  Wilmington. 


Bonds  to  be 
issued  for 
$90,000. 


Maturity. 


Sinking 
Fund. 
Rate,  4  per 
cent. 


Section  1..  That  immediately  after  the  passage  of  this 
ordinance  there  shall  be  issued  in  the  name  of  the  Mayor  and 
Council  of  Wilmington,  bonds  to  the  amount  of  Ninety  Thou- 
sand Dollars  ($90,000.00)  ;  said  bonds  shall  be  issued  each  for 
the  sum  of  Fifty  Dollars  ($50.00)  or  multiples  thereof,  one  or 
more  of  said  bonds  or  certificates  of  indebtedness  for  the  sum 
of  Fifty-five  Thousand  Dollars  ($55,000.00)  shall  fall  due  and 
be  payable  on  the  first  day  of  October,  A.  D.  one  thousand 
nine  hundred  and  twenty-seven,  and  one  or  more  of  said  bonds 
or  certificates  of  indebtedness  for  the  sum  of  Thirty-five  Thou- 
sand Dollars  ($35,000.00)  shall  fall  due  and  be  payable  on  the 
first  day  of  April,  A.  D.  one  thousand  nine  hundred  and 
twenty-eight.  Such  bonds  shall  be  denominated  "Sinking 
Fund  Four  Per  Cent.  Loan,"  and  shall  bear  interest  at  the 
rate  of  four  per  centum  per  annum,  payable  semi-annually  on 
the  first  day  of  April  and  the  first  day  of  October  in  each  year 
and  every  year  after  the  date  of  the  issue  thereof,  and  shall 
be  signed  by  the  Mayor  and  countersigned  by  the  City  Treas- 
urer and  City  Auditor  in  the  same  manner  as  other  city  bonds, 
and  the  record  thereof  kept  by  the  City  Treasurer  and  City 
Auditor,  respectively. 


Sale  of 
bonds. 


Proceeds  to 
Street  and 
Sewer  De- 
partment. 


Limitation 
on  expen- 
ditures. 


Sec.  2.  The  Finance  Committee  of  Council  and  the  Com- 
missioners of  the  Sinking  Fund  are  hereby  authorized  and  di- 
rected immediately  after  the  issuance  of  said  bonds,  provided 
for  by  this  ordinance,  to  sell  and  dispose  of  the  same  to  the 
highest  and  best  bidder,  therefor,  and  to  the  best  advantage 
of  the  city,  and  the  proceeds  of  such  sale,  but  not  the  premium 
arising  therefrom,  shall  be  received  by  the  said  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department,  and  shall  be 
placed  upon  special  deposit  to  the  credit  of  the  said  Board  of 
Directors,  in  such  bank  or  trust  company  in  the  City  of  Wil- 
mington, as  shall  be  determined  upon  by  said  Board.  All  or- 
ders or  warrants  for  the  pa3'ment  of  money  to  be  drawn 
against  said  fund,  shall  be  signed  by  the  President  of  said 
Board  and  countersigned  by  the  City  Treasurer  and  City  Au- 
ditor, and  no  warrant  or  order  for  the  payment  of  money  shall 


ORDINANCES.  741 

be  drawn  against  such  funds,  except  such  order  or  warrant  is 
for  payment  for  land,  water-rights,  material  or  labor,  as  pro- 
vided in  said  Act. 

Approved  May  14,  1903. 


742 


ORDINANCES. 


CHAPTER  VII 

ORDINANCES  RELATING  TO  NUISANCES. 


Footways 
clear  for 
persons 
walking. 


Page 
Offences       Against       Public 

Economy    and     Nuisances..  742 
Supplement     to      Foregoing 

Ordinance     758 

Defining  Certain   Nuisances  759 

Signs    Over    Sidewalks 760 


Page 

5.  Loitering   on   Sidewalks....     761 

6.  Spitting    on    Sidewalks 764 

7.  Concerning    Swine    764 

8.  Private    Alley-ways    766 

9.  Smoking    Opium    767 


AN   ORDINANCE   concerning    offences   against   the   public 
economy  and  certain  nuisances. 

Section  1.  The  paved  and  other  footways  of  the  streets, 
lanes  and  alleys  of  this  city  shall  be  kept  clear  for  the  safe  and 
convenient  passage  of  persons  walking.  {«■) 

(a)  The  above  section  expressly  makes  it  the  duty  of  the  city  to 
keep  the  footways,  &c.,  "clear  for  the  safe  and  convenient  passage  of 
persons  walking. ' '  The  city 's  duty  would  be  the  same  regardless  of  the 
above  provision. 

Lore,  C.  J.:  "It  has  been  well  said  by  our  courts,  that  the  traveler 
is  not  bound  to  hunt  for  obstructions  or  pitfalls  in  the 
public  streets.  It  is  the  duty  of  the  city  to  keep  such  streets  in  a  reason- 
ably good  condition  and  repair  at  all  times.  The  traveler  has  a  right  to 
presume,  that  this  duty  has  been  performed,  and  that  the  streets  are  so 
fit  for  use. ' ' 

Anderson  vs.  Mayor  and  Council  of  Wil.,  2  Penn.  28  at  30.  (yr.  1899) 

And  it  is  not  necessary,  to  make  the  city  liable,  that  the  footways 
should  be  paved. 

Cullen,  J.:  "If.  the  city  allow  and  throw  open  to  use  a  footway 
used  by  the  public,  it  is  not  necessary  that  it  should  be 
paved,  but  the  city  is  as  much  bound  to  keep  such  a  passageway  safe  in 
the  outskirts  of  the  city,  and  fronting  on  lots  not  built  upon,  as  in  the 
crowded  thoroughfares.  It  is  true  that  greater  care  would  be  required 
in  most  frequented  streets,"  &c. 

Seward  vs.  Wibnington,  2  Marv.  189  at  202.  (yr.  1896) 

(See  Sec.  121,  "b"  of  the  Charter,  where  a  list  of  cases  is  given.) 


j^j^.j^  If  any  person  shall  willfully  ride,  drive,  lead  or  place  a 

^[acing  beast  ^^^^®'  ^^^''  beast  of  burden,  or  any  cattle,  or  a  wagon,  cart, 

or  wagon  on  gjg  qj.  other  Carriage  on  the  paved  or  other  footway  of  any 

street,  lane  or  alley  of  this  city,  except  in  passing  directly  to 


ORDINANCES.  743 

or  from  a  stable,  carriage  house,  yard  or  other  proper  place 
for  a  lawful  purpose,  with  as  little  delay  as  reasonably  prac- 
ticable, every  such  person  so  offending  shall  forfeit  and  pay  Penalty. 
a  fine  of  ten  dollars. 

If  any  person  shall  saw,  cut,  split  or  break  wood  or  coal  cutting  or 
on  any  such  paved  or  other  footway,  or  if  anv  person  shall  wood,  coai 

•  ^  '^  '  ^     ^  or  other  ob- 

without  lawful  permission  put  wood,  coal,  goods,  lumber,  dirt  struction  on 

■^  ^  p  '        .      footways. 

or  other  thing  on  any  such  paved  or  other  footway,  except  m 
carrying  or  moving  the  same  to  or  from  a  cellar,  store,  house 
or  other  proper  place  directly  and  with  as  little  delay  and  in- 
convenience as  reasonably  practicable;  or  if  any  person  shall 
otherwise  obstruct  any  such  paved  or  other  footway,  every 
person  offending  in  either  of  the  wavs  last  aforesaid  shall  for  ^       ,  , . 

^  '^  •  •  '  Repealed  by 

everv  such  offence  forfeit  and  pav  a  fine  of  one  dollar.  Board  of pi- 

^    '  rectors  of 

ik  ^  -i  ^  ik  ik  ^  n:  ik  ik  the  Street 

and  Sewer 
Department, 

Any  shopkeeper  or  other  person  shall  be  at  liberty,  for  ^^J  ^^' 
the  purpose  of  exhibiting  to  view  f«)  goods  or  things  for  sale.  Exhibition 

„  ~  f  .•  .     .  .of  goods. 

to  occupy  a  space  of  any  paved  or  other  footway  adjoining  his  Limit, 
or  her  shop  or  premises,  and  not  extending  more  than  four 
feet  from  the  wall  of  such  shop  or  premises,  except  in  streets, 
lanes  and  alleys  where  this  liberty  would  not  leave  five  feet  of 
the  footway  clear,  and  in  such  streets,  lanes  and  alleys  there 
shall  be  no  liberty  to  occupy  more  of  the  footway  than  will 
leave  five  feet  thereof  clear. 

(«)   See  Sec.  7,  p.  823,  and  Sec.  12,  p.  826  of  the  Charter,  Laws  and 
Ordinances. 

Goods  may  be  exposed  to  sale  by  way  of  public  vendue  on  Public  ven- 
the  footways,  using  no  more  thereof  than  requisite  for  the  oc-  ways. 
casion. 

Sec.  2.    It  shall  not  be  lawful  for  any  person  or  persons  No  booths, 

'    ^  -^  stands, 

to  erect  or  have  any  booth,  stand,  stall  or  place  in  or  upon  anv  stalls,  etc., 

on  side- 

of  the  footways,  streets,  lanes,  alleys  or  market  houses  of  this  walks, 
city  for  the  purpose  of  exposing  or  offering  for  sale  any  goods, 
wares  or  merchandise  Avhatsoever.     («) 

(a)    See  Sec.  7,  p.  823  of  the  Charter,  Laws  and  Ordinances. 


744 


ORDINANCES. 


E^^''^  °J,  It  shall  be  the  duty  of  the  Clerk  of  the  Markets  to  take 

Market  to  ... 

report  viola-  notice  of  all  violations  of  this  section,  and  report  the  same 

tions.  '  ^ 

without  delay  to  the  Mayor  {^)  of  the  said  city. 

(a)  When  the  above  ordinance  was  passed  it  was  made  the  duty  of 
the  Mayor  (as  it  is  today),  "to  take  care  to  have  the  laws  and  ordinances 
of  said  city  faithfully  executed."  (Sec.  7  of  the  Charter.)  The  Mayor 
also  ' '  held  Court, ' '  and  violators  of  the  market  laws  were  thus  quickly 
reached  and  punished. 

The  Street  and  Sewer  Department,  now,  has  jurisdiction  over  the 
markets. 

(Sees.  1  and  4  of  Street  and  Sewer  Act,  pp.  224  and  228  of  Charter, 
Laws  and  Ordinances),  and  The  Council  receives  the  revenues  from  the 
markets. 

Street  and  Sewer  Department  vs.  Connell,  2  Penn.  571.   (yr.  1900) 

Fine.  Every  person  offending  against  the  provisions  of  this  sec- 

tion shall  forfeit  and  pay  a  fine  of  five  dollars. 


Wagons, 
etc.,  stand- 
in  the 
streets. 


Penalty. 


Market 
wagons  ex- 
cepted. 


Ends  of 
streets  ex- 
cepted. 


Sec.  3.  If  any  person  shall  place  or  leave  in  any  street  or 
public  lane  or  alley  of  this  city  a  wagon,  cart,  gig,  sleigh  or 
other  carriage  without  a  horse  or  beast,  used  for  drawing  the 
same,  attached  thereto,  or  shall  without  lawful  permission  ob- 
struct (^)  any  open  and  public  street,  lane  or  alley  of  this  city, 
every  person  sO  offending  shall  forfeit  and  paj^  a  fine  of  two 
dollars. 

(a)  A  street  railway  car  may  be  permitted  to  stand  on  one  of  the 
"turnouts"  waiting  for  another  car  to  pass  it,  without  "obstructing" 
the  street. 

Eobinson,  C.  J.:  "  *  *  we  do  not  think  the  ordinance  cited 
*     *     deprives   them   of   that   right." 

Ford  vs.  Warner  Co.,  1  Marv.  88  at  92.  (yr.  1893) 

In  the  case  below  cited,  the  above  section  is  set  out  verbatim,  and 
the  Court  held,  that  under  said  section,  one  sledding  on  any  of  the  streets 
of  the  city  could  be  arrested  for  '  *  obstructing ' '  the  streets. 

Wolcott,  Cli.:  "It  cannot  be  pretended  that  those  persons  engaged 
in  the  sport  of  coasting  at  the  time  mentioned  *  * 
could  not  have  been  arrested,  tried,  convicted  and  punished  for  a  viola- 
tion of  said  ordinance, ' '  &c. 

Mayor  and  Council  of  Wil.  vs.  Vandegrift,  1  Marv.  5  at  19.  (vr. 
1893) 

This  provision  shall  not  affect  the  privileges  granted  by 
ordinance  to  persons  attending  market  for  the  sale  of  produce 
or  other  articles.  Nor  shall  this  provision  or  any  part  of  this 
or  any  other  ordinance  relating  to  the  obstruction  of  public 
streets  be  construed  to  apply  to  those  who,  under  lease  froift 


ORDINANCES.  7-4.") 

this  corporation,  are  occupying  and  using  the  ends  of  public 

streets  upon  the  Christiana  or  Brandywine  creeks.  RlloUitio'n 

of  street 
**********  and  Sewer 

Department, 

If  any  person  driving  a  horse,  horses,  beast  or  beasts  of  Driving  to 
burden,  in  a  coach,  wagon,  gig,  or  other  carriage  of  pleasure  g^g]^  ^^^'^ 
or  burden,  in  any  street,  lane  or  alley  of  this  city,'  shall  not 
keep  on  the  right  («)  hand  side  of  the  street,  lane  or  alley,  in 
the  passing  direction,  and  shall  in  consequence  occasion  incon- 
venience {^y  to  any  person;  or,  if  any  person  shall  drive  or 
ride  any  horse,  horses,  or  beast,  or  beasts  of  burden  in  any  Driving  at 
street,  lane  or  alley  of  this  city  in  an  immoderate  gait;  (c)  or,  g™^"*^®"^^*® 
if  any  person  shall  willfully  suffer  a  horse,  [or  horse  kind,  ass, 
mule,  goat,  sheep,  [goose,  swine.]  kine  or  neat  beast]  belong-  "^^^^  ^^'  ^^^'' 
ing  to  or  in  care  of  such  person  to  go  at  large  in  any  street,  meift"^ordi- 
lane  or  alley,  open  lot,  square  or  public  place  within  the  [cor-  s^igg®.^^^*' 
porate  limits  of  the  City  of  Wilmington,]  every  person  so  of- A'^i'"^'^ P"^*^' 
fending  shall  forfeit  and  pay  a  fine  of  two  dollars.  going  at 

*=  ^     *  large, 

(a)   Comegys,  C.  J.:     "  The  law  of  this  State  is,  and  has  been,  for  a 
long  time,  that  when  two  jjersons  driving  upon 
the  public  road,  are  approaching  each  other,  each  shall  keep  to  the  right, 
then  there  will  never  be  a  collision  between  them. ' '  • 

Shockley  vs.  Shepherd,  9  Houst.  270  at  271.   (yr.  1891) 
Wilson  vs.  Eockland  Manufacturing  Co.,  2  Har.  67  at  70.   (yr.  1836) 
The  Court :     "  *     *     and  if  a  person  is  found  on  the  left,  or  wrong 
side  when  an  accident  occurs,  he  is  liable  for  the  conse- 
quences unless  its  cavise  be  wholly  attributable  to  the  other  party,  and  he 
does  all  that  prudence  can  do  to  avoid  damage. ' ' 

Eeynolds  vs.  Naudain,  2  Har.  317  at  318.   (yr.  1837) 
The  law  where  a  person  attempts  to  "pass"  another  on  the  road,  is 
as  follows : 

Lore,  C.  J.:  "  The  law  upon  this  question  has  been  very  clearly 
laid  down  in  the  case  of  McLain  vs.  Sharp,  2  Har. 
483:  "Where  one  undertakes  to  pass  another,  he  who  passes  undertakes 
to  go  by  at  his  own  peril,  if  the  other  carriage  leaves  him  road  enough; 
and  even  when  a  horse  in  a  gig  has  balked  or  stopped  on  the  highway, 
the  driver  of  a  carriage  behind,  wishing  to  pass,  is  bound  to  stop  if  there 
be  not  road  enough  left  for  both  carriages.  For  although  every  man  has 
a  right  to  pass  on  the  public  road,  yet  he  must  take  reasonable  care  to 
exercise  that  right  so  as  not  to  injure  another." 
State  vs.  Lewis,  4  Penn.  332  at  335.  (yr.  1903) 

(&)  While  it  is  one's  duty  to  "keep  to  the  right,"  yet  the  penalty 
under  the  ordinance,  for  failing  to  observe  the  rule,  only  aj^plies  in  case 
one  should  "occasion  inconvenience  to  any  person,"  thereby.  The  law  in 
general,  as  to  carriages  and  vessels,  is  as  follows: 

Booth,  C.  J.:      "  The  law  of  the  road  is,  that  where  two  carriages 

meet  on  the  public  road,  to  avoid  collision,  each  shall 

keep  to  the  right.     So,  in  reference  to  steamboats  meeting  each  other  head 


746  ORDINANCES. 

« 
on,  and  there  is  not  room  to  pass  without  changing  course,  each  should 
go  to  the  right.  But  in  either  case,  if  there  be  room  to  pass,  a  carriage 
or  boat,  though  on  the  wrong  side  of  the  road  or  river,  is  not  hound  to  go 
entirely  out  of  her  track  to  get  around  another  carriage  or  vessel  which 
is  so  far  out  of  her  direct  route,  that,  by  keeping  right  on,  would  cause 
no  collision  to  either,  merely  in  order  to  pass  to  the  right." 

Steamboat  Co.  vs.  Whilliden,  4  Har.  228  at  231-2.   (yr.  1845) 

(c)  This  provision  applies  to  driving  or  riding  at  "an  immoderate 
gait. ' '     The  law,  in  general,  is  briefly  expressed  as  follows : 

The  Court:  "And  in  travelling  every  man  is  bound  to  restrain  his 
speed  within  such  bounds  as  will  not  endanger  others, 
considering  the  place  and  circumstances." 

Reynolds  vs.  Naudain,  2  Har.  317  at  318.    (yr.  1837) 

See  Eobinson  vs.  Simpson,  8  Houst.  398  at  407.  (yr.  1889)  (A  case 
of  fast  driving  under  the  ordinance.) 

As  to  racing,  see  paragraph  9,  "a"  of  this  section. 

Drivers  must  All  persoiis  driviiif?  carts,  wagons,  dravs  and  other  car- 

holcl  the  .  ^  „  . 

reins  or  be     riao'es,  shall,  iinless  thev  have  hold  of  the  reins  or  lines,  be 

near  their  ^X    ■         i  -i     ■     -, 

horses,  etc.  sumciently  near  to  their  horses,  mules,  or  teams  to  control  the 
same  and  prevent  accident,  under  a  penalty  of  two  dollars  for 
each  and  every  offence.  («) 

(g)  In  the  case  below  cited,  the  following  was  said  by  the  Court: 
Comegys,  C.  J. :  In  this  case  ' '  the  driver  had  left  his  horse  un- 
hitched, and  unrestrained  by  the  weight  and  at- 
tachment to  be  fastened  to  the  bridle  which  he  carried  in  his  wagon, 
*  *  It  cannot  then  be  said  that  the  driver  was  sufficiently  near  the 
horse  to  control  him.  (564)  *  *  It  apj^ears  by  an  ordinance  of  the 
city  *  *  that  all  drivers  of  vehicles  *  *  shall,  unless  they  have 
hold  of  the  reins  or  lines,  be  sufficiently  near  to  their  horses,  &c.,  to  con- 
trol them  and  prevent  accident,  under  a  penalty  provided  by  it.  This 
was  to  make  the  driver  liable;  but  being  a  public  ordinance,  and,  in  con- 
templation of  law,  known  to  the  citizens,"  &e.,  (563-4)  it  also  makes  the 
master  liable  for  the  servant 's  negligence.  *  *  "1  say  to  you  that 
disobedience  of  a  city  ordinance  is  unquestionably,  to  say  the  least  of  it, 
inexcusable,  if  not  wilful  negligence;  and  also,  that  without  such  ordi- 
nance, allowing  a  horse  to  be  unattended  in  the  street  of  a  city  by  any 
one  able  at  the  time  to  prevent  his  movements,  if  he  attempted  to  make 
any,  is  also  such  negligence, — ' ' 

Jones  vs.  Belt,  8  Houst.  562  at  564.   (yr.  1884) 

Lore,  C.  J.:  " We  have  been  asked  to  say  to  you  that  the  leaving  of 
horses  unhitched  and  unattended  in  the  streets  of  the 
city  was  in  itself  negligence.  We  do  say  to  you  that  the  leaving  of  a 
horse  unhitched  *  *  on  the  streets  of  the  city  unattended  by,  and  out 
of  the  control  and  reach  of  the  driver,  is  negligence.  This  princijile  has 
been  decided  in  the  case  of  Eobinson  vs.  Simpson"  (8  Houst.  398)  "by 
the  late  Chief  Justice  Comegvs. ' ' 

Higgins  vs.  Wil.  City  Ey!  Co.,  1  Marv.  352  at  359.   (yr.  1895) 


Ordinance,  [No  driver  of  any  vehicle  upon  any  of  the  tramways  used 

istV.     '  or  belonging  to  any  passenger  railway  company  in  this  city, 

or  at  anv  crossing  of  the  streets  thereto,  shall  drive  so  close  to 


ORDINANCES.      .  747 

any  vehicle  in  front  that  there  shall  be  less  than  twenty  feet  Space  be- 

•^  "  tween  ve- 

between  the  rear  of  said  vehicle  in  front,  and  the  head  of  the  hicies. 
horse,  mule  or  team  of  the  vehicle  in  the  rear,  under  a  like 
penalty  of  two  dollars  for  each  and  every  offence.     This  pro- 
vision shall  not  apply  to  funeral  or  other  processions.] 

Every  horse  [or  horse  kind,  cow,  ass,  mule,  goat,  sheep, 
[goose,  swine,]  kine  or  neat  beast]  going  at  large  in  this  city  Horses,  etc.', 
shall  be  deemed  a  common  nuisance,  and  it  shall  be  the  duty  nuisance. 
of  the  [Dog  Catcher]  to  take  up  and  impound  in  some  safe  Amend- 
and  suitable  place,  every  horse  [or  horse  kind,  cow,  ass,  mule,  nance  April 
goat,  sheep,  [goose,  swine,]  kine  or  neat  beast]  found  so  going  j^pQ^^'^i^g 
at  large;  also  every  person  residing  within  this  city  may  take  °^ ^"'™^^^' 
up  and  deliver  anj'  horse  [or  horse  kind,  cow,  ass,  mule,  goat, 
sheep,   [goose,  swine,]  kine  or  netit  beast]   found  so  going  at 
large,  to  the  [Dog  Catcher,]  avIio  shall  impound  the  same  as 
aforesaid;  the   [Dog  Catcher]   so  impounding  any  horse   [or 
horse  kind,  cow,  ass,  mule,  goat,  sheep,  [goose,  swine,]  kine  or 
neat  beast]  shall  give  notice  thereof  to  the  person  owning  or  ^ner.  *° 
having  care  of  such  horse  [or  horse  kind,  cow,  ass,  mule,  goat, 
sheep,   [goose,  swine.]  kine  or  neat  beast]   or  deliver  Avritten  ^Q^-^g^" 
notice  thereof  at  the  usual  place  of  abode  of  such  person,  if 
such  person  be  known  and  can  be  found  within  this  city,  or 
have  a  known  place  of  abode  within  the  same,  otherwise  proc- 
lamation of  such  impounding  shall  be  made  by  the  bellman  or  beiiman.^ 
other  person  appointed  b}'  the  said  [Dog  Catcher.]     Such  no- 
tice or  proclamation  shall  be  given,  delivered,  or  made,  if  the 
impounding  be  before  sunset,  within  one  hour  after  the  im- 
pounding, but  if  after  sunset,  within  one  hour  after  sunset, 
then  before  nine  o  'clock  of  the  next  morning,  unless  the  same 
be  Sabbath,  and  then  of  Monday  morning.     The  fee  for  im-  ?^pou°tiing 
pounding  a  horse  [or  horse  kind,  cow,  ass,  mule,  goat,  sheep, 
[goose,  swine,]  kine  or  neat  beast]  shall  be  [one  dollar],  and  ^^g"^®  ^^^ 
there  shall  be  an  additional  charge  of  fifty  cents  if  the  same 
be  kept  more  than  four  hours.     [Every  such  animal  so  im- 
pounded shall  be  delivered  to  the  owner  or  person  entitled  to  ^n/mais^on 
the  sflme,  upon  application  and  payment  of  the  lawful  fee  and  f|^/^^^f ^  °^ 
expenses  of  impounding  and  keeping  the  same.    If  such  appli-  expenses, 
cation  be  not  made  within  forty-eight   hours    after   the    im- 


748 


ORDINANCES. 


Appraise- 
ment. 


Publication 
of  appraise- 
ment. 


Sale  of 
animal. 


Proceeds, 
how  applied. 


pounding,  the  person  taking  it  up  shall  have  it  appraised  by 
two  persons  appointed  by  the  Mayor,  a  copy  of  which  ap- 
praisement, containing  a  description  of  the  stray  shall  be  set 
up  in  front  of  the  City  Hall,  and  if  the  appraised  value  exceed 
twenty-five  dollare,  shall  be  published  three  times  in  a  news- 
paper published  within  the  city,  whereupon  if  the  person  en- 
titled to  the  same  shall  not  have  appeared. and  paid  the  lawful 
charge  and  expenses  for  the  sale  thereof,  and  it  shall  be  sold 
by  the  [Dog  Catcher]  at  public  vendue,  on  such  notice  as  is 
required  for  selling  goods  on  execution,  and  the  proceeds  ap- 
plied to  pay  costs,  charges  and  expenses,  and  damages  if  any, 
and  the  balance  be  paid  to  the  City  Treasurer  for  the  use  of 
the  city.] 


Dog  catcher 
to  recover 
fine. 

Jan.  31,  1867. 


Voluntary 
payment  of 
fine  and 
costs. 

Exceptions. 


Racing. 


Fine. 


It  shall  be  the  duty  of  the  [Dog  Catcher]  impounding  to 
institute  proceedings  for  the  recovery  of  the  fine  [and  costs] 
incurred  in  the  case,  unless  the  person  liable  thereto  shall  vol- 
untarily go  with  him  to  the  Treasurer  of  the  city,  and  pay  to 
him  said  fine  [and  costs]  ;  payment  to  said  Treasurer  with  the 
assent  of  such  [Dog  Catcher]  shall  be  a  discharge  from  the 
fine  [and  costs]. 

A  horse  [or  horse  kind,  cow,  ass,  mule,  goat,  sheep,  [goose, 
swine,]  kine  or  neat  beast]  going  at  large  by  accident,  with  a 
person  in  pursuit,  to  take  up  the  same  shall  not  be  within  this 
ordinance. 

If  any  person  shall  drive  or  ride  a  horse  [horse  kind,  ass, 
mule,  goat,  sheep,  kine  or  neat  beast] ,  horses,  beast  or  beasts 
of  burden,  in  running  or  racing  (<^)  with  another  horse  [horse 
kind,  ass,  mule,  goat,  sheep,  kine  or  neat  beast] ,  horses,  beast 
or  beasts  of  burden,  in  any  street,  lane  or  alley,  open  lot, 
square,  or  public  place  of  this  city,  every  person  so  offending 
shall  forfeit  and  pay  a  fine  of  twenty  dollars. 

(a)   Comegys,  C.  J.:     "Driving  fast,  or  racing  upon  a  street  of  the 
city,  is  an  act  of  negligence  by  reason  of  an 
ordinance  which  has  been  read  in  proof  before  you,  as  indeed,  it  would 
be  without  any  such  ordinance.     The  streets  of  a  city  are  not  to  be  used 
by  drivers  to  endanger  the  safety  of  persons  or  property, ' '  &c. 
Eobinson  vs.  Simpson,  8  Houst.  398  at  406-7.   (yr.  1889) 
(The  above  was  a  ease  of  sleigh-racing.) 

Lore,  C.  J.:     "If  Courtney  was  racing  with  the  driver  of  the  Friend- 
shij)  engine,  or  was  driving  at  an  immoderate  gait  at 


ORDINANCES.  749 

the  time  of  the  accident,  he  was  thereby  violating  ordinances  of  the  city, 
and  was  guilty  of  negligence  per  se;  and  if  his  death  resulted  from  such 
racing  or  immoderate  gait,  the  plaintiff  cannot  recover. ' ' 

Carswell  Admr.  vs.  Wilmington,  2  Marv.  360  at  365.  (yr.  1897) 

(The  above  was  the  case  of  two  fire-engines  racing.) 

Lore,  C.  J.:     "If  the  jury  believe  from  all  the  eviclence  in  the  ease 

that  the  defendant  was  driving  his  horse  in  a  run  and 

racing  with  a  bicycle  at  a  dangerous  and  unnecessary  speed  upon  one  of 

the  streets  of  the  City  of  Wilmington,  that  would  constitute  negligence," 

and  if  injury  result  by  reason  of  such  negligence,  the  defendant  is  liable. 

Ford  vs.  Whiteman,  2  Penn.  355  at  357.   (yr.  1899) 

If  any  person  shall  lead  or  manage,  for  the  purpose  of  showing 
showing,  a  stallion  in  any  street,    lane,    or   alley,    open   lot,  staiiion. 
square  or  public  place  of  this  city,  every  person  so  offending 
shall  forfeit  and  pay  a  fine  of  five  dollars. 

Sec.  4.     The  owners  and  possessors  of  tan  yards,  brick  Fencing 
yards,  or  lots  used  for  quarrying  stone   («)   or  digging  sand,  ho'ies!*quar^ 
gravel  or  earth,  within  this  city,  shall  keep  the  same  inclosed  yar(js^"tc. 
with  sufficient  fence,  of  which  any  two  members  of  the  City 
Council  shall  be  the  viewers  and  judges;  and  if  any  person 
owning  or  possessing  such  tan  yard,  brick  yard  or  lot,  being 
required  by  two  members  of  the  City  Council  to  inclose  the 
same  or  to  repair  the  fences  thereof,  by  a  written  requirement 
under  their  hands,  shall  not  observe  and  fulfill  such  require- 
ment within  the  time  therein  limited,  every  person  so  offend- 
ing shall  forfeit  or  pay  a  fine  of  five  dollars,  and  a  fine  of  five 
dollars  for  every  five  days  during  which  the  yard  shall  remain    ^^^' 
without  sufficient  inclosure  after  the  expiration  of  the  time 
limited  in  such  requirement. 

(a)  In  a  suit  for  damages  for  not  enclosing  or  guarding  a  lot  used 
for  quarrying  stone,  the  declaration  alleged  the  excavation  was  made  by 
the  city.  The  proof  was,  it  was  done  by  a  private  individual,  and  a  non- 
suit was  granted.  In  such  cases  there  should  be  a  count  for  misfeasance 
and  also  for  non-feasance. 

Flanagan's  Admr.  vs.  Wilmington,  4  Houst.  548-556.  (yr.  1873) 

Sec.  5.     If  auv  person  shall  keei)  a  tippling  house  or  a 

-,.         nil  •%•        IT-  P,-        •  Tippling  or 

disorderly  house  withm  the  limits  oi  this  city,  every  person  so  disorderly 

llOUSGS. 

offending  shall  be  guilty  of  a  common  nuisance,  and  for  every 

such  offence  shall  forfeit  and  pay  a  fine  of  twenty  dollars  [or  Penalty. 

be  committed  to  the  custody  of  the  High  Constable  for  any  Jan.  19, 1865. 


750 


ORDINANCES. 


term  not  exceeding  sixty  days,  or  both,  or  the  defendant  shall 
be  committed  to  the  ciistodj^  of  the  High  Constable  until  the 
judgment  against  him  be  satisfied,  not  exceeding  sixty  days.] 


Tippling 
house  de- 
fined. 


Di.sordeiiy 
houses  de- 
fined. 


Amendment, 
Ordinance  of 
March  10, 
1892. 

Disorderly 
house  fur- 
ther defined. 


It  is  declared  that  ever^^  house  and  place  in  which  there 
shall  be  sold  intoxicating  liquor  contrary  to  law,  by  anj^  meas- 
ure less  than  a  cjuart,  to  be  drunk  on  or  near  the  premises, 
where  the  same  is  sold,  is  a  tippling  house,  and  that  every  tav- 
ern, inn,  victualing  house,  or  house  or  place  of  public  enter- 
tainment in  which  persons  shall  be  suffered  to  remain  tippling 
or  making  a  noise  after  ten  o'clock  in  the  evening,  or  in  which 
persons  shall  be  allowed  to  drink  to  drunkenness,  or  to  behave 
in  a  disorderly  manner  or  in  which,  or  in  any  outhouse  or 
place  in  any  manner  connected  with  which,  or  in  the  posses- 
sion or  under  the  control  of  the  keeper  of  which  gaming  at 
nine  pins  or  bowls,  or  with  cards,  dice,  or  otherwise  for  money, 
liquor  or  any  value,  shall  be  suffered,  is  a  disorderly  house  («) 
within  the  preceding  provision. 

(a)  Booth,  C.  J.:  "If  a  man  keeping  a  store  and  selling  liquor, 
whether  lawfully  or  unlawfully,  permit  persons 
to  collect  there  in  crowds,  who  under  the  influence  of  liquor  there  ob- 
tained, are  noisy  and  riotous,  and  by  their  cursing  and  swearing,  or  other 
misbehavior,  disturb  the  neighborhood  generally,  and  to  the  general  an- 
noyance of  the  people  there  residing  or  being,  he  is  guilty  of  keeping  a 
disorderly  house,  *  *  and  the  footway  or  pavement  before  a  man 's 
store  may,  by  his  permission  and  encouragement,  be  so  used  in  connection 
with  his  house,  as  to  become,  for  this  purpose,  a  part  of  his  house,"  &e. 

State  vs.  Buckley,  5  Har.  508.   (yr.  1854) 

See  to  the  same  effect  State  vs.  Burchinal,  4  Har.  572.  (yr.  1847) 

[And  it  is  further  declared  that  every  hoiLse,  building  or 
structure  in  which  persons  shall  be  allowed  to  behave  in  a  dis- 
orderly manner,  or  to  annoy  or  disturb  those  residing  in  the 
neighborhood  of  said  house,  building  or  structure,  is  a*  disor- 
derly house  («)  within  the  preceding  provision  of  this  sec- 
tion.] 

(a)   An  officer  may  enter  a  disorderly  house  to  make  an  arrest. 

The  Court :  ' '  The  entry  of  such  houses  by  the  officers  to  suppress 
disorder,  and  the  arrest  of  disorderly  persons  therein, 
is  commendable ;  and  for  the  public  good  such  officers  ought  to  have  every 
reasonable  countenance  and  protection  by  the  Court  and  jury. ' ' 

State  vs.  LafPerty,  5  Har.  491.   (yr.  1854) 

(The  above  evidently  means  icithoiit  a  tcarrant.  See  pp.  213-214  of 
this  volume.) 


ORDINANCES.  751 

Sec.  6.     If  any  person  shall  throw  or  fire  any  cracker,  fnd  ^°nfires. 
squib,  or  other  fire  work,  within  the  limits  of  this  city,  or  shall 
make  a  bonfire,  or  any  fire  in  the  open  air,  except  in  the  course 
of  some  trade  or  business,  [a  fire  may  be  built  in  any  proper  Resolution, 
iron  box  or  pan,  the  l^ottom  of  which  shall  be  elevated  at  least  f^^^lJ  ^'g*^ 
six  inches  above  the  ground]  in  any  street,  lane  or  alley  of  this  ^^'^^^^^il^g 
city,  or  in  any  lot  or  place  in  this  city,  within  fifty  yards  of 
any  street,  lane,  or  alley,  or  so  as  to  endanger  any  property, 
every  person  so  offending  shall  forfeit  and  pay  a  fine  of  ten  Penalty, 
dollars. 

And  if  any  person  shall  discharge  a  swivel,  gun,  pistol,  or  Discharging 
any  fire  arms  within  the  limits  of  this  city,         *         *         *  ^^^.^  ^^  • 
every  person  so  offending  shall,  for  every  such  offence,  forfeit  ■^^^*" 
and  pay  a  fine  of  one  dollar.  Penalty. 

Sec.  7.     No  person  shall  exhibit  or  be  concerned  in  ex- r-i9ense  re- 

^  ....       quired  for 

hibiting,  or  cause  to  be  exhibited  at  any  place  within  the  limits  circus  and 

*"  ,  .     .  .  other  shows. 

of  this  city,  tumbling  or  other  feats  in  riding,  or  managing  a 
horse,  or  any  circus,  show,  or  sports,  or  rope  dancing,  puppet 
shows,  or  mountebanks,  or  juggling  tricks  or  practices,  for  the 
purpose  of  gain,  or  for  admission  to  be  present  at,  or  to  see 
which  any  money  or  value  shall  directly  or  indirectly  be  de- 
manded or  received,  every  person  so  offending  shall  be  guilty 
of  a  common  nuisance,  and  for  every  such  offence  shall  forfeit 
and  pay  a  fine  of  not  less  than  fifty  dollars ;  provided,-  however,  Penalty. 
that  this  provision  shall  not  apply  to  such  person  or  persons 
as  shall  have  first  obtained  a  license  therefor.         *         #         * 

Sec.  8.  («).    It  shall  not  be  lawful  for  any  minors  to  col-  Minors  un- 
lect  and  assemble  in  the  public  streets,  lanes  or  alleys,  or  in  sembUng. 
any  yard  or  lot,  or  on  any  wharf,   or  in   any  of  the  market 
houses  in  this  city,  without  the  written  permission  of  their 
parents,  masters  or  guardians,  at  any  time  after  the  setting  of 
the  sun,  or  at  any  time  during  the  first  day  of  the  week,  or 
Sabbath  day ;  and  in  case  of  any  such  assemblage  or  collection, 
the  Mayor  shall  have  power    and   it   shall  be  his  duty,  upon  disperse, 
knowledge  of  such  assemblage  or  collection,  to  disperse  the 
same ;  and  in  case  any  one  or  more  of  the  persons  so  assembled 

Refusal  to 

or  collected,  shall  refuse  to  disperse  peaceablv,  when  so  com-  disperse 


752  OKDINANCES. 

manded,  the  said  j\Iayor  shall  have  power,  and  it  shall  be  his 
duty  to  call  to  his  aid  one  or  more  of  the  Constables  of  the  city 
to  assist  in  dispersing  the  same;  and  whenever  in  his  opinion 
it  may  become  necessary  for  the  public  peace,  or  to  disperse 
the  said  assemblage,  to  commit  to  the  cell  of  the  City  Hall  any 
one  or  more  of  said  minors,  whether  they  may  have  such  writ- 
ten permission  as  aforesaid  or  not,  for  any  period  not  exceed- 
ing twenty-four  hours. 

(a)    This  section  should  be  rejiealed. 

Storing  of  ggc.  9.    It  shall  uot  be  lawful  for  anv  person  within  the 

hay.  straw  ...  .      .  '. 

and  corn        city  limits,  where  frame  buildings  are  forbidden  to  be  erected, 

fodder.  J  j  &  > 

to  stack,  or  [store]  any  hay,  straw,  or  corn-fodder,  unless  it 
be  in  some  covered  or  secure  barn,  shed  or  hay-house,  remote 
from  and  not  adjoining  any  private  dwelling  or  public  build- 
ing; and  if  any  person  so  offending  shall  be  notified  by  the 
Street  Commissioner  to  remove  the  same,  and  do  not  within 
twenty-four  hours  after  such  notice  remove  the  said  hay, 
straw,  or  corn-fodder,  the  said  Commissioner  shall  proceed  to 

Removal  of  remove  the  same  at  the  expense  of  the  offending  party,  and 
he  shall  lodge  a  complaint  before  the  [Municipal  Court,]  who 
shall  fine  the  offender  a  sum  not  less  than  ten  dollars,  and  not 

Penalty.         exceeding  fiftv  dollars. 


Feb.  24,  1876. 


Feb.  24, 1876.  [Whenever  the  Street  Commissioner   shall    remove    any 

„,    .       ^      hay,  straw  or  corn-fodder  as  aforesaid,  he  shall  place  or  store 

storing  ot  •' '  \  '  -  ^.      _ 

hay  removed,  the  Same  in  some  building  of  the  city  or  other  building  of  the 
city  or  other  proper  building  or  place  either  within  or  outside 
of  the  limits  of  the  city,  to  be  by  him  provided  for  that  pur- 

^,  ,.      ^       pose;  and  he  shall  give  notice  thereof  in  writing  to  the  owner 

Notice  of  ^         '  °  ° 

removal.  of  sucli  hay,  straw  or  corn-fodder,  or  other  person  so  offend- 
ing. If  such  o-wner,  or  person  so  offending,  cannot  be  found, 
or  be  absent  from  the  city,  so  that  personal  service  of  such  no- 
tice cannot  be  made  thereon,  the  notice  as  aforesaid  may  be 

ment.^*^^^'  made  by  one  advertisement  thereof  in  a  daily  newspaper  pub- 
lished in  the  city.  After  two  days  from  the  removal  and  stor- 
age of  any  hay,  straw  or  corn-fodder  by  the  Street  Commis- 
sioner as  aforesaid,  and  notice  given  by  him  as  required,  he 

^^^®"  shall  sell  the  same  at  public  vendue,  having  first  given  one 


ORDINANCES.  753 

day's  advertisement  thereof  in  one  daily  newspaper  of  the  city, 
which  advertisement  may  be  made  within  said  period  of  two 
days.     The  proceeds  of  such  sale  or  sales  shall  be  applied  to  faie*?^Ho^w  to 
the  payment  of  all  the  necessary  costs  and  expenses  attending  ^^  applied. 
the  proceedings  under  this  section,  and  of  any  fine  that  may 
be  imposed  by  the  [Municipal  Court]  as  aforesaid;  any  bal- 
ance that  may  remain  shall  be  refunded  to  the  owner  or  other 
proper  person,  unless  he  cannot  be  found,  in  which  case  said 
balance  shall  be  paid  into  the  city  treasury  for  the  use  of  the 
city ;  provided,  that  such  owner  or  other  person  so  offending, 
at  any  time  before  sale  as  aforesaid,  shall  have  the  privilege  of 
redeeming  and  taking  away  any  such  hay,  stra^v  or  corn-f od-  Redemption 
der  upon  first  paying  to  the  city  any  tine  that  may  be  imposed  ^'^  o"^^^^- 
upon  him  by  the   [Municipal  Court,]   and  all  costs  and  ex- 
penses incurred  by  the  proceedings  under  this  section.] 

Oct.  28,  1875. 

Sec.  10.    If  anv' person  or  persons  shall  hereafter  plav,  or  PJaying 

■'    ^  ^  ^     "  '        shmney  or 

be  concerned  in  plaviug,  at  the  game  called  shinnev,  [or  shall  ^aii.  or 

f     ^       oj  o  -  ?    L  ^         throwing 

be  concerned  or  engaged  in  throwing,  catching,  or  plaving  stones,  etc., 

o    o  o?  o7  ^  _  "  _    °  on  street 

ball,  or  throwing  stones,  or  other  hurtful  or  dangerous  missiles  prohibited, 
out  of  a  sling,  or  otherwise,]  in  or  on  any  of  the  streets,  lanes 
or  alleys  of  this  city,  he  or  they  so  offending  shall  forfeit  for 
every  such  offence  a  finB  of  one  dollar. 

Sec.  11.    No  pereon  shall  bathe  [within  the  limits  of  the  Bathing. 
citj'  in  the  Brandj^vine  creek,  or  either  of  the  races  therefrom,  june  15,  isie. 
or  in  the  Christiana  creek,]   between  the  hours  of  half -past 
five  in  the  morning,  and  nine  in  the  evening;  provided,  that 
nothing  herein  contained    shall    prevent    any    person  who  is    ^°'^'^°- 
properly  clothed  from  bathing  within  the  limits  and  hours 
aforesaid.^ 

Any   person   violating   the    above   mentioned   provisions  penalty 
shall  forfeit  and  pay  a  fine  of  not  less  than  two  and  not  more 
than  five  dollars,  and  in  case  the  said  fine  shall  not  be  paid  by 
the  person  so  offending,  upon  conviction  of  the  offence,  he 


1.     All  bathing  in  waters  within  the  limits  of  the  parks  is  prohibited 
by  the  Board  of  Park  Commissioners. 


754 


ORDINANCES. 


shall  be  imprisoned    for   not    less    than    six    nor    more  than 
twenty-four  hours. 


Who  respon- 
sible for 
violations. 


Penalty. 


Sec.  12.  It  shall  be  unlawful  for  any  locomotive,  railroad 
ear  or  other  vehicle  to  be  propelled  or  drawn  upon  such  part 
of  any  railroad  as  shall  be  within  the  limits  of  the  City  of  Wil- 
mington [at  a  faster  rate  than  six  miles  p^r  hour.]   («) 

(a)   This  provision  relates  only  to  railroad  cars. 

' '  The  city  ordinance  limiting  the  rate  of  speed  of  locomotives,  rail- 
road cars  and  other  vehicles  within  the  limits  of  the  City  of  Wilmington, 
relates  to  railroad  cars,  but  not  to  cars  of  city  railways."  (201)  (sylla- 
bus). 

Lore,  C.  J.:  "  The  ordinance  seems  to  relate  to  railroad  cars,  but 
not  to  cars  of  city  railways. ' ' 

Licznerski  vs.  W.  C.  Ey.,  5  Penn.  201  at  208.  (yr.  1904) 

The  above  case  sets  out  Section  12  verbatim  (p.  202),  and  analyzes 
it  thoroughly.  The  Court  said  there  was  no  ordinance  affecting  the  speed 
of  electric  cars  in  Wilmington   (p.  208). 

See  Maxwell  vs.  Wil.  City  Ey.  Co.,  1  Marv.  199  at  200.  (yr.  1893) 

A  violation  of  the  ordinance  is  negligence  per  se,  but  unless  this 
negligence  causes  the  accident,  the  mere  violation  of  the  speed  limit  does 
not  render  the  company  liable. 

Penneivill,  J.:     " In  such  case,  however,  the  defendant  would  not  be 

liable  unless  the  violation  of  the  ordinance,  that  is, 

the  excessive  speed,  of  the  train,  caused  the  accident  complained  of, ' '  &c. 

MacFeat's  Admr.  vs.  P.,  W.  &  B.  E.  E.,  5  Penn.  53  at  66.  (yr.  1904) 

Knopf  vs.  P.,  W.  &  B.  E.  E.  Co.,  2  Penn.  392  at  396  and  399.  (yr. 
1900) 

AVhere  neither  statute  nor  ordinance  limits  the  speed  of  railroad 
trains,  the  law  is  as  follows: 

Lore,  C.  J.:  " Where  the  law  does  not  limit  the  speed  of  railroad 
trains,  such  speed  is  in  the  discretion  of  the  company, 
reasonable  precaution  being  taken  therein  for  the  security  of  life  and 
property. ' ' 

Eeed  vs.  Queen  Anne's  E.  E.,  4  Penn.  413  at  419.  (yr.  1903) 

MacFeat  's  Admr.  vs.  P.,  W.  &  B.  E.  E.  Co.,  5  Penn.  53  at  66.  (yr. 
1904) 

Burton  vs.  Eailroad  Co.,  4  Har.  252  at  253.   (yr.  1844) 

The  engineer,  conductor,  controller,  owner  or  owners,  or 
other  person  or  persons,  having  for  a  time  the  command  of  any 
locomotive,  railroad  car  or  other  vehicle,  who  shall  propel  or 
cause  to  be  propelled  or  moved,  such  locomotive,  railroad  car 
or  other  vehicle  upon  such  part  of  any  railroad  as  shall  be 
within  the  limits  aforesaid  at  a  faster  rate  than  six  miles  per 
hour,  for  every  («^)  such  offence  shall  forfeit  and  pay  a  fine  of 
one  hundred  dollars. 

(a)   As  to  the  duties,  in  general  of  an  engineer  in  operating  and  run- 
ning cars  through  the  City  of  Wilmington,  see  the  case  of 
Burton  vs.  Eailroad  Co.,  4  Har.  252  at  253.   (yr.  1844) 


ORDINANCES.  755 

There  shall  be  kept  and  maintained  in  attendance  upon  p  1°^°'^'^°"*^^  ^'^ 
such  parts  of  any  railroad  as  shall  be  within  the  following  trains, 
limits,  by  the  railroad  company  or  companies  owning  or  using 
the  same,  viz :    From  West  street  on  the  west  side  of  Market  limits, 
street  to  King  street  on  the  east  side  of  Market  street  in  this 
cit}'-,  one  or  more  look-outs  or  persons  whose  duty  it  shall  be  to 
precede,  at  a  distance  not  greater  than  sixty  feet,  all  locomo- 
tives and  trains  of  cars  belonging  to,  or  in  the  use  of  said  com- 
pany or  companies,  while  in  motion  within  said  limits,  and  re- 
move all  obstructions  to,  and  w^arn  all  persons  upon  the  track 
of  the  said  railroad  company  or  companies  within  said  limits, 
of  the  approach  of  said  locomotives  and  trains;  and  the  said 
railroad  company  or  companies  shall  also  keep  a  look-out  other  Q^^^^^^^^fg'^: 
than  the  one  who  precedes  the  locomotives  and  trains  of  cars  1^*'^'^'^°^^" 
as  aforesaid,  at  every  point  where  the  railroad  track  owned  or 
used  by  said  company  or  companies  is  crossed  by  the  follow- 
ing named  public  streets  of  this  city,  viz :     Justison,  West, 
Market,  King,  French,   Third,  Fourth  and  Seventh  streets, 
w^ho  shall,  upon  the  passage  of  everj'-  locomotive,  between  the 
hours  of  six  A.  M.  and  nine  P.  M.,  warn  the  passers  on  the 
public  streets  of  such  passage  by  waving  a  flag  («)  in  the  day 
time  and  a  lantern  at  night;  and  for  failure  herein  the  said 
company  or  companies  shall  each  forfeit  and  pay  a  fine  of 
thirty  dollars ;  and  furthermore,  the  engineer,  conductor  or  ^^"alhoa^i 
person  having  charge  of  any  such  locomotive  shall  within  the  companies, 
city  limits  ring  or  cause  to  be  rung,  continually,  the  bell  (^)  at-  ^c^omotive 
tached  to  such  locomotive,  for  the  purpose  of  warning  all  per-  '^*^''- 
sons  of  the  approach  of  the  said  locomotive  or  any  train  be- 
longing thereto,  and  upon  failure  thereof  shall  forfeit  and  pay  pjj^g 
a  fine  of  ten  dollars. 

(a)  This  provision  expressly  requires  the  employment  of  a  look-out 
or  flagman.  When  the  law  does  not  so  require,  and  yet  the  company  em- 
ploys, and  has  stationed,  a  flagman  at  a  certain  place,  his  absence  from 
that  place  will  be  an  assurance  that  the  road  is  clear  and  safe. 

Lore,  C.  J.:  "As  to  flagmen,  where  a  railroad  is  under  no  original 
obligation,  to  station  a  flagman  at  a  particular  cross- 
ing; yet,  if  it  has  done  so  for  many  years,  travellers  have  a  right  to  pre- 
sume in  ease  of  his  absence,  that  the  road  is  clear  and  the  wav  safe. ' ' 

Martin  vs.  B.  &  P.  E.  E.  Co.,  2  Marv.  123  at  131.  (yr.  1895) 

Boyce,  J.:  " But  the  absence  or  negligence  of  the  flagman  will  not 
excuse  the  person  about  to   cross  the  track  from  using 


756  ORDINANCES. 

every  reasonable  precaution  that  an  ordinarily  prudent  and  careful  per- 
son would  use. ' ' 

Wil.  City  Ey.  vs.  White,  6  Penn.  363  at  372.   (yr.  1907) 

(h)  This  express  requirement  that  the  bell  shall  he  rung,  &c.,  does 
not  absolve  the  engineer  from,  also  blowing  the  whistle,  and  running  at  a 
prudent  speed,  and  exercising  proper  care,  &c. 

Pennewill,  J.:  "It  was  the  duty  of  the  defendant,  said  the  Chief 
Justice,  to  make  use  of  all  the  usual  and  appropriate 
means,  as  bell  and  whistle,  to  warn  wayfarers  who  might  be  passing  along 
the  highway,  intending  to  cross  the  railroad,  of  the  approach  of  the  train; 
and  it  was  in  no  way  absolved  from  that  duty  by  an  act  of  Assembly 
providing  for  the  ringing  of  the  bell.  The  intent  of  the  act  was  to  pun- 
ish engineers  and  others,  for  not  doing  their  duty,  and  not  to  relieve  the 
company  from  the  common  law  duty  of  taking  the  usual  means  to  warn 
people  of  danger. ' ' 

Knopf  vs.  P.,  W.  &  B.  R  E.  Co.,  2  Penn.  392  at  397-8.  (yr.  1900) 

Trains  sta-  It  shall  not  be  unlawful  for  any  railroad  company  to  suf- 

tionary  .  .  -^  .  ■, 

across  street,  ter  or  permit  any  locomotive,  or  any  tram,  or  car,  or  other  ve- 
hicle belonging  to  or  in  the  employ  or  use  of  the  said  company, 
to  remain  stationary  upon  the  track  owned  or  used  by  them, 
where  the  same  is  crossed  by  any  of  the  public  streets  of  this 
city,  («)  and  if  they  shall  suffer  or  permit  the  said  locomotive, 
train,  car  or  other  vehicle  so  to  remain  stationary  for  a  longer 
period  of  time  than  ten  (^)  minutes  unless  in  case  of  accident, 
they  shall  forfeit  and  pay  a  fine  of  thirty  dollars.] 
The  railroad  company  has  no  right  to  obstruct  the  street. 

(a)  Houston,  J.:  "  *  *  there  can  be  no  question  in  this  case 
that  the  people  of  the  city  and  the  public  in 
general,  had  a  paramount  right  to  the  use  and  enjoyment  of  it"  (the 
street)  "as  such,  as  well  where  it  is  intersected  and  crossed  by  the  rail- 
road as  in  any  other  part  of  it. ' ' 

McCoy  vs.  P.,  W.  &  B.  E.  E.  Co.,  5  Houst.  599  at  609.  (yr.  1879) 

And  the  railroad  company  should  repair  and  reconstruct  the  crossing,' 
whenever  necessary,  with  as  little  delay  as  possible,     id  609. 

Aside  from  the  above  section,  if  a  car  should  be  left  on  the  track 
at  night,  so  near  a  street  crossing  that  it  would  frighten  an  ordinarily 
gentle  horse,  the  company  would  be  liable  in  case  of  injury. 

Houston,  J.:  "  *  *  if  it"  (the  car)  "was  so  near  to  the  road 
as  to  frighten  an  ordinary,  quiet  and  gentle  horse, 
then  it  was  guilty  of  negligence  in  leaving  it  there  for  the  night,  although 
it  was  not  on  any  part  of  the  road,  if  it  was  so  near;  but  it  had  a  right 
to  leave  it  there,  if  it  would  not  frighten  a  horse  of  that  kind,  for  the 
time  being, — for  the  night,"  &c. 

Kyne  vs.  W.  &  N.  E.  E.  Co.,  8  Houst.  185  at  198.  (yr.  1888) 

(&)  A  violation  of  this  provision  is  negligence.  The  Court  said: 
Houston,  J. :  "  *  it  was  also  expressly  prohibited  by  an  ordi- 
nance of  the  City  of  Wilmington  *  *  which  makes 
it  unlawful  for  any  railroad  company,  to  leave  aiiy  engine,  train,  or  car 
stationary  on  any  railroad  track,  owned  or  used  by  it,  where  it  is  crossed 
by  any  street  of  the  city  for  a  longer  time  than  ten  minutes,  except  in 
case  of  an  accident"    *    *    and  "the  city  ordinance  made  the  act  of  leav- 


Fine. 


ORDINANCES.  757 

ing  the  car  standing  there  for  a  longer  time  than  ten  minutes  *  *  un- 
lawful, as  well  as  culpably  negligent  at  common  law. ' ' 

McCoy  vs.  P.,  W.  &  B.  E.  R.  Co.,  5  Houst.  599  at  604-5.   (yr.  1879) 

We  have  seen  that  the  first  paragraph  of  Sec.  12  applies  to  railroad 
cars  only.  The  same  is  true  as  to  the  above  last  paragraph  of  said  sec- 
tion— neither  applies  to  electric,  or  street  railway  cars. 

Sohinson,  C.  J.:  "  They  had  a  right  to  keep  car  No.  16  a  reasonable 
time  on  this  turnout,  so  that  car  No.  10  might 
pass  it,  or  for  any  other  purpose  necessary  and  proper  for  using  their 
cars,  and  we  do  not  think  the  ordinance  cited  by  the  learned  counsel  de- 
prives them  of  that  right. ' ' 

Ford  vs.  Warner  Co.,  1  Marv.  88  at  92.   (yr.  1893) 

Sec.  13.    Any  person  inhabiting  a  dwelling-  house  within  ^'^.J^.^eenDar- 
the  limits  of  this  city,  being  the  head  of  a  family  in  such  house,  ^j^'^g°"  ^'^® 
or  principal  person  occupying  the  same  or  a  part  thereof,  may 
in  case  of  annoyance  arising  from  the  passing  on  the  paved 
footway  or  sidewalk  in  front  or  by  the  side  of  such  house  with 
'a  wheelbarrow,    hand-cart   or   hand-carria§"e,    prefer   to   the 
INIayor  of  this  city  a  complaint  in  writing,  verified  by  oath  or 
affirmation  of  such  annoyance.     Upon   such    complaint,    the 
Mayor  shall  cause  notice  in  writing  thereof  to  be  served  by  a  Notice. 
Constable  of  the  city  upon  every  person  complained  against; 
and  if  after  such  notice  any  person  so  complained  against,  or 
his  or  her  apprentice  or  servant,  or  any  person  in  his  or  her 
employment,  shall  pass  on  the  paved  footway  or  sidewalk  in 
front  or  by  the  side  of  such  house  wdth  a  wheelbarrow,  hand- 
cart or  hand  wheel-carriage,  the  said  person  so  complained 
against  shall  for  every  such  act  or  passing  on  such  paved  foot- 
way or  sidewalk  after  such  notice  forfeit  and  pay  the  sum  of  penalty. 
one  dollar;  provided,  that  the  passing  directly  to  or  from  any 
shop,  store  or  yard  into  or  out  of  the  street,  or  the  passing  upon 
a  footway  "or  sidewalk  [before  seven  o'clock  in  the  morning    "^"  '' 
or]  when  the  street  is  impassible  shall  not  be  within  this  ordi- 
nance. 

Sec.  14.    If  any  person  or  persons  shall  singly  or  in  com-  Appearin-  in 
pany,  on  the  fourth  day  of  July  or  on  any  other  day  in  any  j^^ecent  °' 
year,  parade,  march  or  publiclj'^  appear  in  this  city  in  an  in-  ^?fth"rriasked 
decent  or  fantastic  costume,  garb  or  dress,  or  appear  with  face, 
painted,  masked  or  disguised  face,  or  ])ehave  in  an  indecent  ^  , 

^  '  _  ^  '  Indecent 

manner  in  public,  every  person  so  offending  shall  for  every  conduct. 

Fin6, 

such  offence  forfeit  and  pay  a  fine  of  five  dollars;  [provided,  Nov.  22,  isss. 


758 


ORDINANCES. 


Masquerades 
to  have  po- 
lice protec- 
tion by  get- 
ting a  permit 
from  Board 
of  Police 
Commis- 
sioners. 
Ordinance. 
Dec.  11.  1908. 


Ordinance, 
Dec.  11,  1908. 


Ordinance. 
Dec.  11.  19C 


however,  that  any  social  company  or  body  of  persons  who  de- 
sire to  hold  a  masquerade  party  or  ball  in  this  city  at  any  pub- 
lic hall  or  at  any  private  residence  shall  be  permitted  to  march 
in  a  body  in  masquerade  dress  through  the  streets  of  this  city 
to  and  from  the  place  where  such  masquerade  party  takes 
place,  on  two  or  more  of  the  persons  who  desire  to  take  part  in 
said  masquerade  applying  to  the  [Board  of  Police  Commis- 
sioners] of  the  city  and  receiving  from  him  a  written  permit 
for  that  purpose,  and  the  [Board  of  Police  Commissioners]  are 
hereby  empowered  and  directed  in  case  such  permit  be 
granted  by  him  to  send  one  or  more  of  the  City  Constables 
with  the  masqueraders  on  the  public  streets  to  their  place  of 
meeting.]  [Provicled,  further,  however,  that  the  Board  of 
Police  Commissioners  shall  have  authority  to  issue  a  permit  to 
any  person  or  persons,  or  a  permit  to  the  general  public,  to 
march  or  publicly  appear  upon  the  streets  of  this  city,  in  an 
orderly  manner,  in  a  fantastic  costume,  garb  or  dress,  or  ap- 
pear with  painted,  masked  or  disguised  face,  whenever  the 
said  Board  of  Police  Commissioners  deem  it  advisable.] 


Recovery 
and  use  of 
fines. 


Sec.  15.  The  fines,  forfeitures  and  penalties  accruing  un- 
der this  ordinance  shall  be  recovered  before  the  [Municipal 
Court]  for  the  use  of  the  corporation. 


All  ordinances  and  parts  of  ordinances  inconsistent  here- 
with are  hereby  repealed. 

Passed  at  City  Hall,  October  30,  1856. 


Placing 
ashes  or 
other  rub- 
bish in  the 
streets. 


Penalty. 


A  FURTHER  SUPPLEMENT  to  the  ordinance  concerning 
offences  against  the  jyuhlic  economy  and  contain  nuisances. 

Section  1.  If  any  person  shall  place  or  cause  to  be 
placed  on  any  public  street  in  this  city  between  the  curb  lines 
any  ashes,  dirt,  rubbish,  offal  or  other  thing,  except  as  pre- 
scribed and  allowed  by  the  ordinances  of  the  city,  he  shall  be 
guiltj'  of  a  common  nuisance  and  shall  forfeit  and  pay  a  fine 
not  exceeding  five  dollars  and  an  additional  fine  not  exceed- 
ing five  dollars  for  every  twenty-four  hours  that  such  nui- 
sance is  continued  and  the  costs  of  prosecution,  and  shall  be 


ORDINANCES.  759 

imprisoned  until  the  fine  and  costs  be  paid  or  until  he  be  dis- 
charged, *  *  *  *  provided,  that  persons  in  Exception, 
removing  any  article  or  substance  from  their  premises  may 
place  the  same  on  the  street,  between  the  curb  lines,  temporar- 
ilj  if  such  article  or  substance  be  not  offensive,  and  shall  re- 
move it  therefrom  before  night  of  the  same  day  on  which  it 
was  placed  on  the  street;  provided,  further,  that  this  ordi- ■^''°^'^°- 
nance  does  not  alter  or  affect  the  ordinance  entitled  "An  ordi- 
nance concerning  nuisances  injurious  to  the  health  of  the 

city.  Repealed, 

#  #  *  *******  April  18, 

1893,  by 

Passed  May  19,  1859.  i^treSd°' 

Sewer  De- 
partment. 

AN  ORDINANCE  defining  certain  nuisances.^ 
.     Section  1.    If  any  person  shall  keep  or  have  aiiv  interest  Keeping 

•^    ^  .        ^  .  .       .      "  .      .       house  of  ill- 

in  keeping  a  house  of  ill-fame  or  assignation  within  the  limits  fame. 
of  the  city  he,  she  or  they  shall  be  deemed  guilty  of  a  common 
nuisance,  and  shall  be  fined  thirty  dollars  for  every  such  of-  Fine, 
fence  and  a  further  sum  of  twenty  dollars  for  every  twenty- 
four  hours  that  the  said  nuisance  is  allowed  to  remain  on  the 
premises  after  being  convicted  of  such  offence,  [or  be  commit-         -.a  icm 

*"  3b,X1.  ly,  loo5. 

ted  to  the  custody  of  the  High  Constable  for  any  term  not  ex- 
ceeding sixtv  davs  or  both,  or  the  defendant  shall  be  commit-  imprison- 

^  •  '  _  _  ment. 

ted  to  the  custody  of  the  High  Constable  until  the  judgment 
against  him  be  satisfied,  not  exceeding  sixty  days.]    («) 

■(«)  Police  officers  have  the  right  to  enter  such  places  to  prevent  dis- 
order and  to  make  arrests,  and  this,  it  is  thought  without  a  warrant. 

State  vs.  Lafferty,  5  Har.  491.  (yr.  18.54)  See  pp  213-214  of  this 
volume. 

Sec.  2.     All  fines  or  penalties  accruing  under  this  ordi-  Recovery  of 
nance  shall  be  recoverable  before  the  [Municipal  Court]   for 
the  use  of  the  corporation.  («) 

(a)  The  Law  and  Order  Society,  now,  by  virtue  of  an  Act  passed 
May  26,  1897,  receives  one-half  of  all  the  fines,  &c.,  collected,  where  raids 
are  made,  and  conviction  secured,  on  evidence  furnished  by  it. 

Law  and  Order  Society  vs.  Mayor  and  Council  of  Wil.,  4  Penn.  366 
at  367.   (yr.  1903) 

(See  Sec.  148,  "a"  of  the  Charter.) 

Passed  at  City  Hall,  May  19,  1859. 

1.     See  also  Act  of  May  9,  1895,  20  D.  L.  p.  272,  at  p,  536  this  volume. 


Sign  posts. 


760  ORDINANCES. 

A  FURTHER  8VPPLEMENT  to  the  ordinance  concerning 
offences  against  the  piiblic  economy  and  certain  nuisances. 

Section  1.    If  any  person  shall  erect,  or  hano;,  or  fasten, 

Signs  over  "^   ^  '  '^'  .     ' 

sidewalks,  or  causo  to  be  erected,  hung  or  fastened  any  sign,  show  bill, 
lantern  or  show  board  of  any  description  whatever,  which 
shall  project  or  extend  more  than  four  feeet  from  the  build- 
ing- line,  over  any  sidewalk  or  street  in  this  city,  or  shall  place 
a  sign  post  on  any  such  street  or  sidewalk,  or  shall  construct  a 

Awnings.  permanent  awning  over  any  street  or  sidewalk  aforesaid,  or 
shall  so  place  any  awning  («)  over  the  sidewalk  that  it  will 
terminate  between  the  curb  line  and  the  building  line  [other 

Resolution  _       _  _  o  l 

of  Street        than  a  swinging  frame  and  awning] ,  or  shall  place  over  any 

and  Sewer  .  t>      &  &J5  i  j 

Department,  sidewalk  or  any  part  thereof,  as  a  shelter,  a  covering  composed 

May  23,  1893.      ^  .  of 

of  material  other  than  canvas,  or  shall  hang  or  suspend  over 
or  across  any  sidewalk  any  flap,  wing  or  side  awning  [of  any 
description,  or  shall  hang  or  fasten  any  sign,  show  bill,  lan- 
tern, show  board,  a\'iTiing  or  awning  frame]   less  than  seven 
feet  above  such  sidewalk,  or  shall  hereafter  construct,  place  or 
build  over,  into  or  upon  any  pavement,  street  or  sidewalk  in 
Bulk  or  pro-  this  city,  any  bulk  or  projecting  door,  door  jamb,  door  frame, 
doors,  etc.      door  sill,  bcyoud  the  true  building  line  on  said  street,  or  shall 
„  „  hereafter  construct,  place  or  build  over  any  pavement,  street 

Bulk  or  pro-  '  ^  . 

jectingwin-  or  sidcwalk  in  this  city,  any  bulk  or  propecting  window,  (^) 
window  jamb,  window  frame  or  window  sill,  more  than  eigh- 
teen inches  from  or  beyond  the  true  building  line  on  said 
street,  or  so  that  the  bottom  of  any  such  window  jamb,  frame 
or  sill  shall  be  at  least  eighteen  inches  above  the  pavement  or 
sidewalk  at  its  proper  grade,  or  shall  keep,  have  or  retain, 

Notice  for      after  three  weeks  notice  in  writing  from  the  Mavor  {<^)  of  the 

the  removal       _  °  "  .        . 

of  bulk  doors  qWy,  to  abate  or  remove  the  same,  any  such  bulk  or  projecting 

or  windows.  '  .  ?         ^  x-      «  o 

door,  window,  door,  jamb,  door  frame,  door  sill,  window 
frame,  w^indow  jamb  or  window  sill,  already  erected,  placed  or 
built  and  projecting  as  aforesaid  he  shall  be  guilty  of  a  com- 
Penaities.  j^qu  nuisance  and  shall  be  liable  to  a  fine  of  five  dollars,  and 
an  additional  fine  of  five  dollars  for  every  twenty-four  hours 
that  such  nuisance  is  continued.  Provided,  that  this  ordi- 
nance does  not  relieve  from  liabilit^^  persons  who,  before  its 


ORDINANCES.  761 

passage,  have  violated  other  ordinances  of  the  city  by  commit-  fg^^^^s  not 
ting  the  offences  herein  prohibited.  her^jy'^'^'^ 

(a)  As  to  the  city's  liability  for  allowing  defective  awnings  in  the 
streets  of  the  city,  see  the  case  of 

Jarrell  vs.  Wihnington,  4  Penn.  454.  (yr.  1903)  See  p.  822  of  this 
volume. 

(b)  In  the  ease  below  cited,  bay  windows  were  built  out  on  the 
street  3  feet  on  one  side,  and  18  inches  on  the  other  to  the  first  story,  and 
then  3  feet  from  the  second  story  up.  The  Chancellor,  not  thinking  that 
3  feet  amounted  to  such  a  substantial  encroachment  as  to  "  substantially 
interrupt  or  impede  the  public  use  of  the  same  as  a  street  or  highway ' ' 
(.500)   refused  to  grant  an  injunction. 

The  Chancellor :  "  In  a  clear  case  of  substantial  and  material  en- 
croachment upon  a  public  street  or  highway,  of 
such  a  character  as  to  seriously  interfere  with  its  use,  I  would  consider  it 
my  duty  to  act  without  the  aid  of  a  jury;  but  where  the  encroachment, 
although  illegal,  is  not  of  that  character,  the  proper  tribunal  is  a  court 
of  law,  which  has  full  power,  not  only  to  punish  the  offender,  but  to  abate 
the  nuisance. ' ' 

Gray  vs.  Baynard,  5  Del.  Ch.  499  at  505.  (yr.  1S83) 

(c)  The  streets  of  the  city,  from  building  line  to  building  line,  are 
now,  (since  1887),  under  the  control  and  jurisdiction  of  the  Street  and 
Sewer  Department. 

See  Sees.  1  and  4  of  the  Street  and  Sewer  Department  Act,  pp.  224 
and  228  of  this  volume. 

[Sec.  2.     That  Section  1  shall  not  be  construed  to  inter- j^^^^j^^.^^ 
fere  with  the  display  of  such  flags,  banners  or  bunting,  on  ge^eJfoet'^*^ 
patriotic,   public   or  political  occasions,   for  such  period   or  ^^^^"^jq"*' 
periods  as  the  Board  of  Directors  of  the  Street  and  Sewer  De-  i^ot. 
partment  shall  in  their  discretion  authorize.] 

Passed  at  City  Hall,  June  16,  1859. 


AN  ADDITIONAL  ORDINANCE  to  define  and  prohibit  cer- 
tain nuisances. 

Section  1.     Whoever  shall  stand  idling  or  loitering  («)  standing  or 

•  T  11  11  i.        1     •  congregating 

upon  any  pavement,  sidewalk  or  crosswalk,  or  stand  m  a  on  sidewaiii. 
group,-  or  congregated  with  others,  on  any  pavement,  side- 
walk, crosswalk  or  doorstep,  in  any  street  or  public  way  in, 
this  city  so  as  to  obstriTct  or  hinder  the  free  and  convenient 
passage  of  persons  walking,  riding  or  driving  over  or  along 
such  pavement,  walk,  street  or  way,  and  shall  fail  to  make 
way,  remove  or  pass,  after  reasonable  request  from  any  per- 


762 


ORDINANCES. 


Fine. 


Ordinance. 
Dec.  17,  1896. 
Indecent 
conduct. 
Ordinance, 
Dec.  17,  1896. 

Offensive  or 

profane 

words. 

Ordinance. 
Dec.  17,  1896. 
Ordinance. 
Dec.  17,  1896. 

Ordinance. 

Dec.  17,  1896. 

Indecent 

words  or 

figures. 

Ordinance, 

April  16, 

1891. 

Ordinance, 

April  16, 

1896. 

Printing  or 

circulating 

prohibited. 


Spitting, 
etc..  on 
steps. 


son,  shall  be  deemed  guilty  of  a  common  nuisance  and  liable 
to  a  tine  not  less  than  fifty  cents  nor  more  than  ten  dollars. 

(a)  This  section  aims  at  loafing  and  corner  lounging.  Persons  have 
a  right  to  stop  and  talk  for  a  reasonable  time. 

Bohinson,  C.  J.:  "It  is  true  that  highways  are  made  for  the  con- 
venience of  the  traveling  public,  and  that  many 
obstructions  to  public  travel  are  nuisances,  but  it  is  also  perfectly  well 
settled  that  travellers  are  not  bound  to  keep  in  motion  every  instant  they 
are  on  the  road.  They  have  a  right  to  stop  temporarily  for  business  or 
pleasure,  provided  they  do  not  unreasonably  interfere  with  the  rights  of 
others  who  wish  to  use  the  road. ' ' 

Ford  vs.  Warner  Co.,  1  Marv.  88  at  92.  (yr.  1893) 

Sec.  2.  Whoever  shall,  in  any  street  *  *  *  public 
jjlace,  [or  place  of  public  amusement]  in  this  city,  be  guilty 
of  any  indecent  or  disorderly  conduct  («)  or  make  any  offen- 
sive outcries  or  loud  noises,  or  utter,  [act]  or  sing  any  lewd, 
scurrilous,  profane,  obscene  words,  [acts]  or  songs  [or  shall 
permit  any  person  to  utter,  act  or  sing  any  lewd,  scurrilous, 
profane,  obscene  words,  acts  or  songs,  in  any  place  of  public 
amusement  in  this  city,  of  which  he  is  the  owner,  manager, 
proprietor  or  lessee]  or  shall  write  or  make  any  indecent  or 
obscene  words  or  figures  upon  any  fence,  building  or  other 
public  place  [or  shall  place,  post  or  cause  to  be  placed  or 
posted  any  indecent  or  obscene  figure,  picture,  poster  or  rep- 
resentation upon  any  fence,  building  or  other  public  place] ,  [or 
shall  print,  or  cause  to  have  printed,  or  keep,  or  cause  to  be 
kept,  or  serve  or  circulate,  or  cause  to  have  served  or  circu- 
lated, for  the  purpose  of  sale,  show  or  gratuitous  offering,  any 
newspaper  or  paper- writing,  containing,  either  in  express  or 
plain  words,  or  by  intimation,  suggestion  or  innuendo,  any 
indecent,  lewd,  scurrilous,  profane  or  obscene  words,  songs, 
figures  or  pictures,  of  or  about,  any  person,  place  or  thing] 
within  the  city,  or  shall  drop,  place,  deposit,  spirt  or  spit  upon 
any  door  step  in  this  city,  any  dung,  tobacco,  spittle  or  other 
noisome  or  filthy  substance,  shall  be  deemed  guilty  of  a  com' 


ORDINANCES.  763 

mon  nuisance,  and  liable  to  a  fine  of  not  les.s  than  [one]  and  Sec^^iTisoe. 
not  exceeding-  [fifty]  dollars.  SeaT'isls. ' 

(a)   Disorderly  eouduct  is  a  phrase  of  broad  meaning. 

See  the  cases  of 

State  vs.  Lafferty,  5  Har.  491.  (yr.  1854)  Noise  and  general  dis- 
order, and  a  disorderly  house. 

State  vs.  Burchinal,  4  Har.  572.  (jr.  1847)  Cursing,  dancing  and 
drunkenness. 

State  vs.  Walter,  2  Marv.  444.  (yr.  1895)    Indecent  exposure. 

[It  sliall  be  the  duty  of  the  Chief  of  Police,  upon  the  con-  Removal  of 

'-  ''  '      ^      _  posters. 

viction  of  any  one,  for  placing  or  posting  or  causing  to  be  Qj.^jj^^^^^^g 
placed  or  posted,  any  indecent  or  obscene  figure,  picture,  pos-  April  i6, 
ter  or  representation  upon  any  fence,  building  or  other  public 
place,  to  cause  the  same  to  be  immediately  removed.] 

Sec.  3.  Whoever  shall  use  or  place  upon  any  brick  pave-  wheeibar- 
ment,  footway  or  sidewalk  of  any  public  street  of  this  city,  footway'.' 
any  wheelbarrow,  hand-cart  or  hand-barrow  («)  (except  it  be 
placed  close  alongside  of  a  building  and  parallel  with  the  street 
where  the  brick  pavement,  sidewalk  or  footway  is  ten  feet  or 
over  in  width  and  not  otherwise),  or  vehicle  of  any  kind  used 
for  the  transportation  of  merchandise  or  pro\asions  of  any 
kind,  whether  the  said  vehicle  be  used  for  hire  or  pav,  or  other- 

■  r  n        r.  ,     1         n        •  n  -1  1  ^Ug.    7,   1879. 

Wise,  [except  beiore  seven  o  clock  m  the  morning  or]  unless 

"  Exception. 

when  prevented  bv  the  depth  of  snow  or  mud  in  the  streets  or 

.  "^  .  .         Snow  or  mud 

other  unavoidable  causes,  rendering  the  passage  thereon  im- 
practicable, or  in  passing  across  the  said  brick  pavement,  foot- 
way or  sidewalk  to  or  from  any  dwelling  house,  store  or  other 
premises,  of  any  such  wheelbarrow,  hand-cart  or  hand-barrow 
(provided,  nothing  herein  contained  shall  be  construed  to  per- 
mit any  wheelbarrow,  hand-cart  or  hand-barrow  to  be  used  crossing 

.  .      sidewalks. 

upon  any  brick  pavement,  footway  or  sidewalk  of  any  street  m 

.        .  ^  '  "^  /  Exclusion 

this  citv,  during  the  market  hours  in  that  part  of  the  street  during  mar- 

*"  ^^  IvGt  hours 

in  which  the  market  is  being  held,)  shall  be  deemed  guilty  of 
a  common  nuisance,  and  liable  to  a  fine  of  not  less  than  fifty 
cents  nor  more  than  ten  dollars. 

(a)    See  Sec.  13,  p.  757  of  this  volume. 

Passed  at  City  Hall,  December  21,  1865. 

1.     Part  of  ordinance  of  December  17,  1896,  is  as  follows: 
"     *     *     striking  out   in  the   thirteenth  line   thereof,   the   word   "ten," 
and  inserting  in  lieu  thereof,  the  words  "twenty-five"  "     An  ordinance  of 
June  6,  1895,  had  previously  stricken  out  the  word  "ten"  in  the  thirteenth 
line  and  inserted  in  lieu  thereof  the  word  "fifty." 


764 


ORDINANCES. 


Spitting  on 
sidewalks, 
&c..  pro- 
hibited. 


^AN  ORDINANCE  to  prevent  spitting  in  certain  puhlic  places 
in  the  City  of  Wilmington. 

Be  it  ordained,  bj^  The  Council  of  Wilmington. 

Section  1.  It  shall  be  unlawful  on  and  after  the  passage 
of  this  ordinance  for  any  person  to  spit  on  the  sidewalk,  cross- 
ing or  footway  of  any  public  street,  way,  park  or  square,  or 
upon  the  floor  of  any  hall  or  office  in  any  hotel,  apartment 
house,  tenement  or  lodging  house  which  is  used  in  common  by 
the  guests  or  tenements  thereof,  or  upon  the  floor,  platform, 
steps  or  stairs  of  any  public  building,  hall,  church,  theatre, 
railway  station,  store  or  factory,  street  car  or  other  public 
conveyance. 


Definition.  Sec.  2.     The  term  "spitting' 

nance  shall  be  defined  as  follows : 


as  referred  to  in  this  ordi- 


The  act  of  expelling  anything  from  the  chest,   throat, 
mouth  or  nose. 

Penalty.  Sec.  3.    Any  violation  of  this  ordinance  shall  be  punish- 

able with  a  fine  of  not  less  than  one  dollar  nor  more  than  five 
dollars  for  the  first  offence,  and  not  less  than  two  dollars  nor 
more  than  five  dollars  for  each  succeeding  offence. 

Approved  October  26,  1907. 


Swine  at 
large,  un- 
lawful. 


Fine. 


AN  ORDINANCE  concerning  swine. 

Section  1.  Everj-  owner,  possessor  or  harborer  of  any 
hog,  pig  or  other  animal  of  the  hog  kind,  who  shall  permit  or 
suffer  («)  the  same  to  go  at  large,  in  any  of  the  public  streets, 
lanes  or  alleys  within  the  limits  of  the  City  of  Wilmington, 
shall  be  deemed  guilty  of  a  conunon  nuisance,  and  upon  con- 
viction thereof,  shall  forfeit  and  pay  a  fine  of  not  less  than 
five  nor  more  than  ten  dollars  for  every  such  animal  found  at 
large  within  said  limits,  besides  costs  of  prosecution,  one-half 


1.     See   Resolution  of   Street  and    Sewer    Directors,    passed    Nov.    12 
1907,  p.  1000  this  volume. 


ORDINANCES.  765 

of  the  fine  to  be  paid  to  the  informer,  and  the  residue  into  the 
city  treasury. 

(a)   See  Sec.  3,  paragraph  3,  p.  745  of  this  vohmie. 

Sec.  2.    Everv  hosr,  pig  or  other  animal  of  the  hog  kind,  impounding 

="  ^    °  .  n  of  hogs. 

found  at  large  in  any  of  the  public  streets,  lanes  or  alleys 
within  the  limits  of  the  Citj^  of  Wilming-ton,  shall  be  deemed  a 
common  nuisance,  and  shall  be  taken  up  and  put  into  some 
proper  place,  to  be  provided  by  the  city,  b}'  the  policemen,  or 
other  proper  person  or  persons  duly  appointed  by  the 
]\Iayor  («)  for  such  duty;  and  after  being  kept  for  the  period 
of  twenty-four  hours,  and  proclamation  of  the  sale  made  by 
the  bellman  within  said  period,  shall  be  sold  at  public  vendue  Notice,  sale 

•■^  '  ^  and  disposal 

by  th^  High  Constable,  or  such  other  person  or  persons  as  the  of  proceeds. 
]\Iayor  shall  appoint  for  this  purpose,  and  the  proceeds  of  sale, 
after  defraying  all  the  necessary  expenses  attending  the  pro- 
ceedings under  this  section,  shall  be  paid  into  the  city  treas- 
ury for  the  use  of  the  city.    Provided,  that  the  o^^^ler,  at  any 
time  before  sale,  shall  have  the  privilege  of  redeeming  every  ^^^q^™^"! 
such  swine  on  forfeiting  and  paying  therefor  to  the  citj^,  the  hogs. 
sum  of  one  dollar  and  all  the  costs.    The  IMayor  is  hereby  au- 
thorized and  required,  from  time  to  time,  to  appoint  and  em-  js^ppojntrnent 
ploy  a  suitable  person  or  persons  to  take  up  and  dispose  of,  ^^^ou^^^^f  *° 
agreeably  to  the  provision  of  this  ordinance,  all  swine  found  hogs. 
A\dthin  the  limits  of  said  city  in  violation  of  any  of  the  provi- 
sions of  this  ordinance,  and  such  person  or  persons,  at  his  dis- 
cretion, to  discharge,  and  to  appoint  and  employ  others  in 
their  stead,  and  generally  to  adopt  such  other  measures  as  ma.y 
be  necessary  to  carry  into  effect  the  provisions  of  this  ordi- 
nance. 

(a)   The  dog  catcher  has  charge  of  such  matters,  now. 
See  See.  3,  paragraph  6,  p.  747  of  this  vohime. 


For  every  swine  impounded  by  virtue  of  this  ordinance  impounding 
there  shall  be  allowed  to  the  person  impounding  the  swine  the 
sum  of  fifty  cents. 

Sec.  3.  Every  hog  pen  now  existing  or  that  may  be  here-  construction 
after  constructed,  within  the  limits  of  the  City  of  "Wilmington,  °  °^  ^^^^'" . 
shall  have  a  wooden  floor  not  less  than  twenty-four  inches 


766 


ORDINANCES. 


Distance  of 
pens  from 
dwelling 
house. 


Police  must 

report 

violations. 


Penalty. 


above  the  surface  of  the  ground,  and  every  person  who  shall 
allow  the  floor  of  his  or  her  hog  pen  to  be  otherwise  than  as 
herein  provided  shall  be  fined  three  dollars  for  every  twenty- 
four  hours  that  such  violation  of  this  section  may  be  con- 
tinued. 

Sec.  4.  If  any  person  shall  keep  or  harbor  any  hog,  pig 
or  other  animal  of  the  hog  kind  anywhere  within  the  limits  of 
the  City  of  Wilmington,  in  any  yard  or  pen  within  fifty  feet 
of  any  dwelling  house,  such  person  shall  be  guilty  of  a  com- 
mon nuisance,  («)  and  shall  be  fined  three  dollars  for  every 
such  offence.    ' 

(a)  The  above  section  grants  the  right  eonditioually,  to  construct  a 
pig-2)en.  But  the  pig-pen  must  not  become  a  public  nuisance,  for  the  city, 
without  authority  from  the  Legislature  could  not  grant  such  a  right. 

Comegys,  C.  J.:      " Unless  an  Act  incorporating  a  town   gives  the 

authorities  there,  either  expressly  or  by  necessary 

inference,  the  power  to  authorize  a  nuisance,  none  exists     *     *     for  the 

reason  that  no  power  short  of  an  Act  of  the  Legislature  for  the  purpose, 

can  legalize  the  maintenance  of  a  nuisance. ' ' 

State  vs.  Luce,  9  Houst.  396  at  398.   (jt.  1885) 
■  As  to  when  a  pig-sty  becomes  a  nuisance,  see  ji.  399  of  same  case. 

Sec.  5.  It  shall  be  the  duty  of  the  Police  Constables  of  the 
City  of  Wilmington  to  make  complaint  to  the  Mayor  («)  of 
said  city  of  every  violation  of  this  ordinance,  of  which  they 
have  knowledge,  and  any  such  officer,  on  failure  to  make  com- 
plaint as  aforesaid,  shall  be  fined  five  dollars,  one-half  the  fine 
to  be  paid  to  the  informer. 

(a)  The  Board  of  Health  has  charge  of  all  such  matters  and  can  re- 
move any  jjig-pen  in  the  city  if  it  deems  it  ' '  necessary  or  conducive  to 
the  health  of  the  city. ' ' 

See  Sec.  6,  p.  776  of  this  volume. 

Passed  at  City  Hall,  October  19,  1871. 


Placing  of 
ashes,  gar- 
bage or  filth 
in  alley- 
ways. 


AN  ORDINANCE  relating  to  private  alley -ways. 

Section  1.  That  it  shall  be  unlawful  for  any  property 
owner,  agent  or  tenant  owning,  having  in  charge  or  occupy- 
ing any  property  within  the  City  of  Wilmington  having  a  pri- 
vate alley-way  leading  thereto  to  place  or  suffer,  or  permit  to 
be  placed,  any  ashes,  garbage,  filth  or  noisome  matter  from 


ORDINANCES.  767 

such  property  in  or  upon  any  part  of  the  bed  of  said  alley-way, 
or  to  alloAV  any  ashes,  garbage,  filth  or  noisome  matter  to  be  or 
remain  in  and  upon  the  said  alley -way  opposite  to  the  prem- 
ises of  such  owner,  agent  or  tenant.  Any  person  so  offending 
against  the  provisions  of  this  ordinance  shall  be  deemed  guilty 
of  a  common  nuisance,  and  shall  upon  conviction  thereof  be- 
fore the  jMunicipal  Court  forfeit  and  pay  a  fine  of  two  dollars.  Penalty. 

Passed  at  City  Hall,  January  15,  1885. 


AN  ORDINANCE  declaring  the  establishment  of  apparatus 
for  the  smoking  of  opium,  or  the  furnishing  of  a  place 
wherein  persons  may  assemble  for  the  use  of  opium  with- 
in the  limits  of  the  City  of  Wilmington,  to  be  a  public 
nuisance,  and  regulating  the  use  and  sale  of  opium,  mor- 
phine, and  cocaine  in  said  City  of  Wilmingto)i  and  affix- 
ing penalties  for  the  violation  of  its  provisions.  (") 

Be  it  ordained,  by  The  Council  of  Wilmington. 

(a)   This  ordinance  was  argued  before  the  Superior  Court  in  the  year 
1903  or  1904,  and  the  Court  decided  the  same  to  be  constitutional. 

The  Mayor  and  Council  of  Wilmington  vs.  Hertel   (unreported). 

Section  1.    If  any  person  or  persons,  firm  or  corporation  pj  ^  br  h 
shall  set  up  or  establish,  or  cause  to  be  set  up  or  established  in  ™ent  for 

'^  '  ^  opium  smok- 

any  house,  room,  outhouse,  tent,  booth,  arbor  or  other  place  jng.pro- 

*^  '         ,       '  .  '  _  _       _  ^  hibited. 

whatsoever,  within  the  limits  of  the  City  of  Wilmington,  any 
instrument,  apparatus  or  device,  whereby  opium  may  be 
smoked,  inhaled  or  used  in  any  manner  whatsoever,  by  other 
persons,  or  if  any  person  or  persons,  firm  or  corporation  shall 
procure,  permit,  suffer  or  allow  persons  to  collect  and  assemble 
in  his,  her,  their  or  its  house,  room,  outhouse,  booth,  tent,  ar- 
bor or  other  place  whatsoever,  under  his,  her,  their  or  its  con- 
trol, and  within  the  said  city,  for  the  purpose  of  smoking 
opium  or  of  using  opium  in  any  manner,  or  if  the  ownier,  ten- 
ant, lessee  or  occupant  of  any  house,  room,  outhouse,  tent, 
booth,  arbor  or  other  place  whatsoever,  within  said  city,  shall 
lease,  hire,  or  rent  the  same,  or  any  part  thereof,  to  be  used 
and  occupied  or  employed,  for  the  purpose  of  smoking  opium, 
or  of  using  opium  in  any  way  or  manner,  by  other  persons,  the 


768 


ORDINANCES. 


Penalty. 


Owner  of 
houses, 
rooms,  etc., 
after  notifi- 
cation are 
liable. 


person  or  persons,  firm  or  corporation  so  offending  in  any  of 
the  herein  ennmerated  cases,  shall  be  guilty  of  a  public  nui- 
sance, and  upon  conviction  thereof  in  the  Municipal  Court, 
shall  forfeit  and  pa}'  a  fine  of  not  less  than  twenty -five  dollars 
($25)  nor  more  than  one  hundred  dollars  ($100).  The  owner 
of  such  house,  room,  outhouse,  tent,  booth,  arbor  or  other  place 
whatsoever,  within  said  city,  who  shall  have  received  informa- 
tion that  any  such  smoking  or  use  of  opium  as  aforesaid,  is  in, 
or  upon,  the  said  premises,  and  shall  not,  within  ten  days 
thereafter,  cause  complaint  to  be  made  against  the  person  who 
has  set  up  or  established  the  same,  shall  be  deemed  and  held 
to  have  knowingly  leased,  hired,  or  rented  the  premises  for 
the  said  smoking  or  use  of  opium. 


Selling  or 
giving  opium 
and  other 
drugs  pro- 
hibited. 


Penalty. 


Sec.  2.  If  any  person  or  persons,  firm  or  corporation, 
after  the  passage  of  this  ordinance,  shall  sell,  dispose  of,  fur- 
nish or  give  away,  directly  or  indirectly,  within  the  City  of 
Wilmington,  to  anj'  person  or  persons,  any  of  the  drugs  or 
chemical  substances  commonly  known  as  opium,  morphine, 
cocaine,  or  any  of  its  salts,  except  to  a  duly  licensed  physician, 
or  a  duly  licensed  druggist,  or  to  a  person  or  persons  named  in 
a  written  prescription  signed  by  a  duly  licensed  physician,  the 
person  or  persons,  firm  or  corporation,  so  offending,  in  any  of 
the  herein  enumerated  cases,  shall  be  guilty  of  a  public  nui- 
sance, and  upon  conviction  thereof  in  the  Municipal  Court, 
shall  forfeit  and  pay  a  fine  of  not  less  than  twenty-five  dol- 
lars ($25)  nor  more  than  one  hundred  dollars  ($100). 


Limit  on 

dispensing 

drugs. 


Penalty. 


Sec.  3.  None  of  the  drugs  mentioned  in  Section  Two  of 
this  ordinance  shall  be  furnished  more  than  once  to  any  per- 
son or  persons  upon  the  same  written  prescription,  and  any 
person  or  persons,  firm  or  corporation  who  shall  violate  the 
provisions  ^of  this  section  shall  be  guilt}"  of  a  public  nuisance, 
and  upon  conviction  thereof  in  the  Municipal  Court  shall  for- 
feit and  pay  a  fine  of  not  less  than  twenty-five  dollars  ($25) 
nor  more  than  one  hundred  dollars  ($100). 


Sec.  4.  If  any  person  or  persons,  firm  or  corporation, 
s  iiingor  after  the  passage  of  this  ordinance  shall  sell,  dispose  of,  fur- 
giving  drugs  j^ig]^  qj.  oiye  awav,  dircctly  or  indirectlv,  v,dthin  the  limits  of 

to  minor.  °  "  '  "^  -  ' 


ORDINANCES,  769 

the  City  of  Wilmington,  to  any  minor  under  the  age  of  twen- 
ty-one years,  anj^  of  the  drugs  or  chemical  substances  men- 
tioned in  Section  Two  of  this  ordinance,  whether  upon  pre- 
scription from  a  duly  licensed  physician,  or  without  such  pre- 
scription, the  person  or  persons,  firm  or  corporation  so  offend- 
ing in  any  of  the  herein  enumerated  cases,  shall  be  guilty  of  a 
public  nuisance  and  upon  conviction  thereof  in  the  jMunicipal 
Court,  shall  forfeit  and  pay  a  fine  of  not  less  than  twenty-five 
dollars  ($25)  nor  more  than  one  hundred  dollars  ($100).  Penalty. 

Sec.  5.     In  any  prosecution    under    this    ordinance,  the  „ 

•^    ^  Prosecutions 

charge  mav  be  laid  against  all  or  any  of  the  several  members  wm  lie 

"  •  "  "^  against 

of  a  firm  or  partnership,  or  against  any  employee  of  any  per-  members  of 
son,  firm  or  partnership,  and  in  case  of  a  corporation,  the  ship,  em- 

.  .  .^  ,  .       ployee,  &c. 

prosecution  may  be  against  either  the  president  or  other  chief 
officer  thereof,  or  against  the  person  in  charge  of,  or  manag- 
ing the  business,  or  any  employee  thereof. 

Sec.  6.    All  ordinances  or  parts  thereof,  inconsistent  with 
this  ordinance  are  hereby  expressly  repealed. 

Approved  June  13,  1903. 


770 


ORDINANCES. 


CHAPTER  VIII. 

ORDINANCES  RELATING  TO  THE  HEALTH  OF  THE 

CITY. 


Page 

1.  General     Legislation     770 

2.  Notice     of      Certain      Dis- 
eases  to   be    Placarded....     787 

3.  Nuisances       Injurious       to 
Health    788 

4.  General  Gratuitous  Vacci- 
nation          790 

5.  Removal    of    Dead     Bodies     792 

6.  Appointment     and     Duties 

of   City    Registrar    793 


10. 
11. 
12. 
13. 


Page 
Collection  and   Removal  of 

Garbage   796 

Sanitary   Dispcsal   of  Gar- 
bage   801 

City    Crematory    803 

Burial  of  Dead    Bodies....  805 

Inspection    of    IVieats 805 

Diseased    Fruit   808 

Adulteration    of   Milk 809 


Board  of 
Health,  how 
composed. 

Act  of  Api'il 
13,  1883.  17 
D.  L.  484. 


Officers. 


Salaries  of 

board. 

Executive 

officers. 

Amendment. 

Ordinance, 

June  27,  1895. 


AN  ORDINANCE  concerning  the  health  of  the  city. 

Section  1.  There  shall  be  a  Board  of  Health  for  this  city 
to  be  composed  of  [the  Port  Physician,  two  other  physicians, 
one  practical  plnmber  and  one  general  business  («)  man,  to  be 
annually^  appointed  by  the  Mayor  of  the  city  on  the  first 
Thursday  in  May ;  the  said  Mayor  shall  supply  all  vacancies ; 
three  members  shall  constitute  a  quorum.  The  Chief  Engi- 
neer of  the  Surveying  Department  of  the  city  shall  be  ex-officio 
a  member  of  the  Board  of  Health,  without  salary  as  such.  The 
board  shall  appoint  its  own  President  and  Treasurer  from 
amongst  its  own  members.]  The  High  Constable,  every  City 
Constable  and  the  Street  Commissioner  shall  be  officers  of  the 
board,  bound  to  execute  its  orders.  The  members  of  said  board 
shall  each  receive  an  annual  salary  of  one  hundred  dollare. 
The  board  shall  have  the  power  and  authority  to  appoint 
[four]-  executive  officers,  [two]  for  the  eastern  district  and 
[two]  for  the  western  district,  for  the  term  of  one  year,  who 


1.  The  appointments   are  now  made  biennially.     See   Sec.   136   of  the 
Charter. 

2.  See  Sec.  136  of  the  Charter  which  provides  for  the  appointment  of 
two  executive  officers.     See  also  Sec.   3  of  the  Charter. 


ordinances;  771 

shall  be  vested  with  police  powers.     [On  and  after  the  second  or'iinance 
day  of  May,  A.  D.  1907,  the  executive  officers  of  the  Board  of  ^pr.  is,  1907. 
Health  of  the  City  of  Wilmington  shall  each  receive  an  annual 
salary    of   nine   hundred   dollars    ($900)    payable    in    equal 
monthly  instalments.] 

(a)   See  the  Charter  provision  relating  to  the  above  appointments. 
Sec.  136  of  the  Charter,  and  note  "  a "  thereto. 

[The  Secretary  of  the  Board  of  Health  shall  receive  a  sal-  5ug."fo!T908. 
ary  of  five  hundred  dollars  per  annimi,  pavable  monthly  as  Salary  of 

•^  /■  /  •       Secretary, 

other  city  officers  are  paid.]    [The  board  shall  have  power  with  March  14, 
the  consent  of  Council  to  appoint  other  officers  as  occasion  may  Additi9nai 
require  and  make  reasonable  allowance  for  the  same.]  officei-s.^^ 

Sec.  2.    The  Board  of  Health  shall  have  power  to  direct  Board'of 
that  any  noisome  matter,  whether  vegetable,  animal  or  other-  Health, 
wise,  or  any  reservoir,  pool  or  pond  of  stagnant  water,  or  any 
other  nuisance  or  unwholesome  thing  of  any  kind  whatsoever  Nuisances. 
in  this  city  or  within  one  mile  of  the  boundaries  thereof  which 
may,  in  the  opinion  of  the  said  board,  be  the  occasion  of  in- 
fectious or  contagious  disease  or  in  any  way  detrimental  to 
health,  shall  be  abated,  removed,  remedied  or  emptied  by  the 
person  to  Avlioni  the  same  belongs  or  in  whose  possession  or 
upon  whose  property  it  is,  and  that  any  place  in  this  city  or 
Avithin  one  mile  of  the  boundaries  thereof  in  such  filthy  or 
noxious  state  that  in  the  opinion  of  the  board  it  is  or  may  be- 
come a  nuisance  injurious  to  health,  shall  be  cleansed.     [And  Aug."io,  1882. 
any  person  or  persons  who  shall  refuse  or  neglect  to  abate,  no"abatin- 
remedy  or  remove  any  such  nuisance  or  cleanse  any  such  place  nuisance. 
after  ten  days'  notice  («)  from  the  Board  of  Health,  shall  for- 
feit and  pay  a  fine  of  ten  dollars.]     Provided,  however,  that  it 
shall  appear  to  the  said  board  that  any  of  the  said  nuisances 
hereinbefore  stated  are  caused  or  produced  by  any  person  or 
persons  other  than  those  on  Avhose  premises  the  said  nuisances 
exist,  or  that  the  said  nuisances  are  caused  or  produced  by 
water,  filthy,  noisome  or  unwholesome  matter  flowing  or  run- 
ning from  the  premises   of   any   other  pereon  or  persons  or 
premises  which  may  be  in  his,  her  or  their  occupation,  that 
the  said  board  (^)  shall   then   give  the  direction  to  remove, 
cleanse,  abate  and  remedy  the  same  to  the  person  or  persons 


772 


•  ORDINxV.NCES. 


Offensive 
smells. 


Penalty. 


causing'  or  producing  such  nuisance  or  to  the  person  or  per- 
sons from  whose  premises  or  from  premises  which  may  be  in 
his,  her  or  their  occupation  the  same  shall  flow  or  run,  and  if 
the  person  to  whom  such  direction  is  given  shall  not  observe 
and  fulfill  the  same  within  the  time  therein  prescribed  the  said 
board  shall  order  the  said  direction  to  be  carried  in  effect  by 
some  officer  of  the  board  or  other  person  or  persons  appointed 
for  that  service,  and  the  expenses  shall  be  paid  by  the  person 
to  whom  the  direction  Avas  originally  given,  but  if  the  same 
shall  not  be  paid  by  such  person  on  demand,  the  same  shall 
be  paid  by  the  Treasurer  of  the  board,  whose  duty  it  shall  be 
and  who  shall  have  the  right  to  recover  the  same,  with  interest 
and  costs,  from  the  person  who  ought  to  have  paid  the  same  as 
aforesaid  as  debts  of  like  amount  are  recoverable. 

(a)  This  notice  must  come  from  the  Board  of  Health.  Notice  from 
a  person  not  a  member  of  the  said  Board  will  be  nugatory. 

Lore,  C.  J.:  "It  is  not  set  forth  in  the  record  *  *  that  the 
party  who  made  the  complaint  was  a  member  of  the 
Board  of  Health.  *  *  The  judgment,  therefore,  is  reversed  on  that 
ground. ' ' 

Johnson,  d.  b.  a.  vs.  State,  p.  b.  r.,  2  Marv.  372  at  373.  (yr.  1895) 

(The  above  related  to  the  non-removal  of  a  hog-pen.) 

(ft)    See  note  "a,"  above,  to  this  section. 

It  shall  not  be  lawful  after  the  passage  of  this  ordinance 
for  any  person  or  persons  to  erect  or  bring  into  use  within  the 
limits  of  this  city  any  factorv  or  building  for  the  purpose  of 
originating  a  business  which  shall  produce  any  smell  offen- 
sive (")  to  the  neighborhood  or  deleterious  to  the  health  there- 
of;  and  any  person  or  persons  who  propose  to  originate  such  a 
business  within  one  mile  of  the  city  limits  shall  first  obtain  the 
consent  of  the  iMayor  and  Council  of  the  city;  (^)  and  every 
person  who  shall  violate  the  provisions  of  this  ordinance  shall 
forfeit  and  pay  a  fine  of  one  hundred  dollars,  and  twenty  dol- 
lars for  every  day  such  business  may  continue  to  be  operated 
after  the  first  conviction,  to  be  recovered  as  other  fines  and 
forfeitures  are  recoverable. 

(«.)  Any  business  that  gives  forth  offensive  smells  to  the  annoyance 
of  the  neighborhood,  is  a  common  nuisance. 

' '  Any  trade  or  business  carried  on  in  a  town,  or  populous  neighbor- 
hood, or  near  a  public  road  or  highway,  which  produces  noxious  or  of- 
fensive smells,  to  the  annoyance  of  the  neighborhood,  or  jjersons  traveling 
along  the  public  road,  is  a  common  nuisance,   and  is  indictable.     *     * 


ORDINANCES.  773 

It  is  not  necessary  that  the  smells  should  he  injurious  to  health.     It  is 
sufficient  if  they  be  offensive  to  the  senses." 

State  vs.  Wetherall  &  Dunsey,  5  liar.  487.  (yr.  1854) 

Liebig  Mfg.  Co.  vs.  Wales  et  al,  8  Del.  Ch.  26.  (yr.  1896) 

State  vs.  Luce  et  al,  9  Houst.  396  at  399.   (yr.  1885) 

(See  Sec.  4,  par.  3  of  this  volume.) 

(b)  The  Council,  however,  cannot  authorize  a  nuisance,  without  ex- 
press authority  from  the  Legislature. 

Comegys,  C.  J.:  "Now,  as  the  people  of  a  community  have  a  right, 
of  whieli  nothing  but  an  Act  of  Assembly  can  de- 
prive them,  to  pure,  untainted,  uncontaminated,  iuoifensive  air,  it  follows, 
that  whatever  of  itself  dej^rives  them,  or  interferes  with  their  enjoyment 
of  such  right,  necessarily  is,  of  itself,  a  nuisance  of  a  public  character, 
and  indictable."  *  *  "Unless  an  Act  incorporating  a  town  gives 
the  authorities  there,  either  exjiressly  or  by  necessary  inference,  the  power 
to  authorize  a  nuisance,  none  exists. ' ' 

State  vs.  Luce  et  al,  9  Houst.  396  at  398.  (yr.  1885) 


Sec.  3.    If  any  person  shall  cast  into  anv  street,  lane  or  contents 


of 


alley  of  this  city,  or  shall  suffer  to  run  or  to  be  -washed  from  house  or 

*'  "  '  _  _  other  offen- 

anv  slaughter  house,  stable,  privy,  yard  or  place  in  his  or  her  sive  matter 

.  .  '  7  r        ^  7  v  X  jj^  street. 

possession,  into  any  such  street,  lane  or  alley,  any  blood,  garb- 
age, refuse,  vegetable  matter,  carrion,  dead  animals,  dung, 
filth  or  noisome  or  offensive  matter;  or  if  any  person  or  per- 
sons shall  suffer  any  skins,  rags  or  matter  to  be  in  a  noisome  or 
offensive  state  within  or  upon  property  in  his,  her  or  their  pos- 
session "within  the  limits  of  this  city,  or  shall  deposit  in  any  lot, 
street,  lane  or  alley  or  any  wharf  or  near  any  dwelling  house, 
any  contents  of  any  slaughter  house  or  stable,  or  any  matter  in 
an  offensive  state,  or  having  deposited  or  put  at  any  place 
within  the  limits  of  this  city  any  matter  that  may  be  offensive, 
or  shall  place  or  leave  in  any  market  house  any  offal  or  offen-  ho^uTe^offai. 
sive  matter  and  shall  fail  to  immediately  remove  the  same  upon 
the  notification  of  any  member  or  executive  officer  of  the  Board 
of  Health,  every  person  so  offending  shall  be  deemed  giiiltj'  of 
a  common  nuisance  and  for  every  such  offence  shall  be  fined  penalty, 
five  dollare.  Upon  complaint  to  the  Board  of  Health  by  any 
tenant  of  a  property  or  other  person  of  water  standing  upon 
the  surface  of  a  cellar,  («)  and  such  place  having  been  visited  ^nars.'" 
by  a  member  of  said  board  and  declared  a  nuisance,  it  shall  be 
abated  within  one  week  after  due  notice  has  been  given  to  the 
owner  or  other  person  causing  the  nuisance,  under  a  penalty 
of  five  dollars,  to  be  collected  as  hereinafter  provided. 

(a)   In  the  case  below  cited,  the  Board  of  Health  took  proceedings 
to  abate  a  nuisance  resulting  from  a  wet  cellar.     The  part  of  the  above 


774 


ORDINANCES. 


Stagnant 
water. 


Offensive 
premises. 


Drainage 
of  water, 
etc.,  on 
premises  of 
another. 


Ordinance, 
Aug.  10,  1882 

Ordinance. 
May  5,  ISSl. 


Penalty. 


section  relating  to  a  wet  cellar  is  set  out  and  argued  by  the  attorney  in 
the  case  below  cited,  on  p.  217.  The  Municipal  Court  found  the  defend- 
ant (Hartman)  guilty,  and  the  case  was  taken  to  the  Superior  Court  on  a 
writ  of  certiorari.     The  Court  held  it  would  not  lie. 

Cullen,  J.:  "Their  action"  (Board  of  Health)  "is  not  a  legal 
judgment  such  as  is  contemplated  under  the  law,  to 
which  a  certiorari  at  common  law  may  issue." 

Hartman  vs.  Wilmington,  1  Marv.  21.5  at  231.   (yr.  1894) 

(See  Sec.  137,  par.  2,  "e"  of  the  Charter.) 

If  anj'  person  shall  suffer  auy  excavation  or  low  ground 
upon  property  in  his  or  her  possession  within  the  limits  of  this 
city  to  be  filled  or  covered  with  stagnant  water  or  other  noi- 
some matter  so  as  to  be  unwholesome  or  offensive ;  or  if  any 
person  shall  suffer  any  dock,  cellar,  yard,  stable  («)  or  other 
place  in  his  po&session  or  owned  by  him  to  be  in  a  noisome  or 
offensive  state;  or  if  any  person  owning  or  occupying  prop- 
erty within  the  limits  of  this  city  or  in  case  of  the  non-resi- 
dence or  absence  of  the  owner,  his  or  her  agent  having  charge 
of  such  property,  shall  permit  the  water  flowing  from  any 
hydrant,  pipe  or  fixture  connected  with  the  conveyance  of 
water  to  this  city,  or  the  refuse  water  from  culinary  or  other 
purposes,  or  the  water  running  off  from  the  roof  of  any  dwell- 
ing house,  shop,  store  or  shed  or  other  building  belonging  to 
him  or  her  or  in  his  or  her  charge  or  occupation,  or  shall  suf- 
fer and  permit  water  from  any  other  source,  or  shall  suffer 
and  permit  noisome  matter  of  any  kind  to  flow  or  run  from  his 
or  her  premises,  or  premises  which  may  be  in  his  or  her  charge 
or  occupancy,  [or  shall  permit  water  from  any  other  source], 
[or  shall  suffer  and  permit  noisome  matter  of  any  kind  to  flow 
or  run  from  his  or  her  premises  or  premises  which  may  be  in 
his  or  her  charge  or  occupancy  to  and  upon  the  premises  of  any 
other  person  or  persons  so  that  the  same  shall  or  may  become, 
on  the  premises  of  these  last  designated  persons,  stagnant, 
noxious  or  filthy] ,  every  person  so  offending  shall  be  guilty  of 
a  common  nuisance  and  for  every  such  offence  shall  forfeit 
and  pay  a  fine  of  ten  dollars. 

(a)   See  as  to  a  stable  being  "'badly  I'ept,"  and  when  the  same  is  a 
nuisance,  generally,  to  the  neighborhood,  the  case  of 
State  vs.  Luce  et  al,  9  Houst.  396  at  399.  (yr.  1S8.5) 


hcmses*'erec-  ^'E-G-  4.     From  and  after  the  passage  of  this  ordinance  it 

^°,^<°\'^^°'    shall  not  be  lawful  to  build  or  construct  a  slaughter  house  («) 

hiDited.  ^  ^    ' 


ORDINANCES.  775 

for  the  purpose  of  slauglitering  cattle  ,  sheep,  swine  or  calves 
Avithiu  the  limits  of  this  city,  [and  any  person  who  shall  offend  gept^T^iss- 
against  this  provision  shall  be  guilty  of  a  nuisance,  and  shall 
upon  conviction  thereof  forfeit  and  pay  a  fine  of  not  less  than 
five  nor  more  than  fifty  dollars,  and  shall  forfeit  and  pay  a^^^^^^^- 
fine  of  five  dollars  for  each  and  every  day  that  the  said  slaugh- 
ter house  so  illegally  constructed  shall  be  thereafter  used  for 
the  purpose  of  slaughtering-  as  aforesaid.] 

(a)   As  to  when  a  slaughter  house,   generally   speaking,  becomes   a 
niiisauce,  see  the  case  of 

State  vs.  Luce  et  al,  9  Houst.  396  at  399.   (yr.  1885) 

All  slaughter  houses  now  erected  wdthin  the  city  limits  Reguiati9n 
or  that  now  or  may  hereafter  be  erected  outside  of  the  city  slaughter 
limits  but  within  one  mile  thereof  shall,  within  thirty  days 
after  the  passage  of  this  ordinance,  be  furnished  with  either 
a  tight  tW'O-inch  oak  floor  laid  in  mortar  or  a  paved  brick  floor, 
the  bricks  to  be  placed  on  edge,  and  whether  said  floor  be  of 
plank  or  of  brick  it  shall  have  a  gradual  descent  to  a  point 
where  the  blood  and  garbage  will  be  received  in  some  suitable 
vessel  placed  there  for  that  purpose ;  and  further,  said  vessel 
as  aforesaid  shall  be  emptied  of  its  contents  at  some  point 
without  the  limits  of  the  city  at  least  three  times  a  week  from 
the  first  day  of  May  to  the  first  day  of  November  inclusive, 
and  from  the  first  day  of  November  to  the  first  day  of  j\Iay  at 
least  twice  a  week  in  like  manner. 

If  any  person  shall  use  a  slaughter  house  or  place  belong-  cleansing 
ing  thereto  within  the  limits  of  this  city  after  the  Board  of  houses. 
Health  have  pronounced  the  same  noisome  or  having  used  such 
slaughter  house  or  place  shall  not,  on  the  requirement  of  the 
Board  of  Health,  immediately  and  effectually  cleanse  the  same, 
ever}^  person  so  offending  shall  be  guilty  of  a  common  nui- 
sance, and  shall  for  every  such  offence  forfeit  and  pay  a  fine 
of  twenty  dollars. 

If  any  person  shall  exercise  wdthin  the  limits  of  this  city  offensive 
any  trade  or  manufacture  that  shall  corrupt  the  air  by  offen-  ^'"''^'^*^^- 
sive  («)  smell,  every  person  so  offending  shall  be  guilty  of  a 


776 


ORDINANCES. 


Duty  of 

EJxecutive 

Officer  to 

visit 

slaughter 

houses. 


Oyster 
cellars,  etc. 


Regulations. 


Penalty. 


Hog  pens. 


Penalty. 


Removal  of 
pens. 


common  nuisance,  and  for  every  such  offence  shall  forfeit  and 
pay  a  fine  of  forty  dollars. 

(a)    See  Sec.  2,  par.  2,  p.  772  of  this  volume. 

All  slaughter  houses  as  aforesaid,  shall  be  liable  to  the 
inspection  of  the  Executive  Officers  of  the  Board  of  Health, 
whose  duty  is  hereby  declared  to  be  to  visit  each  and  every 
slaughter  house  within  the  limits  of  the  city  once  a  week  from 
the  first  day  of  May  to  the  first  day  of  November,  and  report 
the  circumstances  to  the  Board  of  Health,  and  for  each  and 
every  neglect  of  this  duty  they  shall  be  fined  the  sum  of  five 
dollars.  («) 

(a)  Bead  all  of  Sec.  4  in  connection  with  Sec.  3,  p.  789  of  this 
volume. 

Sec.  5.  Every  person  keeping  an  oyster  house  or  cellar, 
or  owning  or  occupying,  as  a  tenant,  any  wharf  or  wharves 
where  oysters  or  clams  are  sold,  within  the  limits  of  this  city, 
shall  be  required  to  remove  the  shells  from  their  houses,  cel- 
lars, whai'ves  or  premises  at  least  three  times  in  each  and  every 
week  between  the  first  day  of  May  and  the  first  day  of  October 
of  each  year.  If  any  person  shall  permit  any  oyster  or  clam 
shells  to  remain  in  or  on  their  premises  for  a  longer  time  than 
is  allowed  by  this  ordinance,  or  shall  suffer  them  to  become 
noisome  or  offensive,  and  injurious  to  the  health  of  the  city, 
every  person  so  offending  shall,  for  evers"  such  offense,  forfeit 
and  pay  a  fine  of  five  dollars. 

Sec.  6.  If  any  person  having  on  his  or  her  premises  a  hog 
or  pig  pen,  («)  within  the  limits  of  this  city,  shall  suffer  the 
same  to  be  in  an  unclean,  filthy  or  unwholesome  condition,  and 
the  Board  of  Health  shall  declare  it  to  be  so,  every  person  so 
offending  shall  be  gatilty  of  a  common  nuisance,  and  shall  for- 
feit and  pay  a  fine  of  five  dollars,  and  the  further  sum  of  one 
dollar  for  every  twenty-four  houi-s  that  the  said  nuisance  shall 
remain  unabated.  The  Board  of  Health  shall  have  power  to 
remove  any  hog  pens  in  this  city,  which,  in  the  opinion  of  the 
said  board,  it  shall  be  deemed  necessary  or  conducive  to  the 
health  of  the  city  to  have  removed. 

2  respectively 


(a)   See  See.  4 
of  this  volume. 


and  Sec.  2,  "a,"  pp.  766  and 


ORDINANCES.  777 

Sec.  7.  If  the  owner  or  ageut  of  an}-  property  in  this  Privy  weiis. 
cit}',  shall  suffer  the  privj-  wells  thereon  to  be  so  full  that  any 
member  or  Executive  Officer  of  the  Board  of  Health  shall,  on 
inspection  find  the  well  to  be  filled  within  eighteen  inches  of 
the  surface  of  the  ground,  said  owner  or  agent  shall  be  guilty 
of  a  nuisance,  and  said  member  or  Executive  Officer  of  the 
Board  of  Health  shall  direct  said  privy  to  be  cleansed,  and  if 
such  order  be  not  complied  with  in  three  days,  said  owner  or 
agent  shall  be  fined  in  the  sum  of  five  dollars. 

The  Board  of  Health  shall  have  power  to  order  any  privy  cleansing 
which,  on  inspection  two  members  of  the  Board  of  Health  shall 
declare  to  be  offensive,  to  be  cleansed  and  if  not  cleansed  with- 
in the  required  time,  the  agent  or  owner  shall  be  guilty  of  a 
'common  nuisance,  and  shall  be  fined  five  dollars. 

The  owner  or  agent  of  any  property  in  this  citj'  shall.  Expense  of 
either  of  them,  be  liable  to  the  excavator  or  other  person  em- 
ployed, for  the  expenses  of  cleansing  privy  welLs  on  such  prop- 
erty, whether  the  cleansing  shall  have  been  ordered  or  con- 
tracted for  by  the  owner  or  agent  aforesaid. 

In  respect  to  the  vaults  or  privies  already  sunk  near  to  privies  must 
lots  of  other  persons,  it  shall  be  the  duty  of  the  owner  and  also  '^®  *^^^^*' 
of  the  holder  of  the  property  to  which  every  such  privy  ap- 
pertains, to  secure  and  keep  the  vault  of  the  same  in  such  a 
manner  that  the  contents  shall  not  ooze  or  pass  into  the  ad- 
joining property,  and  in  default  thereof,  every  such  owner 
and  holder  shall  forfeit  and  pay  a  fine  of  five  dollars,  and  a 
further  fine  of  one  dollar  for  every  day  on  which  such  con-  penalty. 
tents  shall  ooze  or  pass  into  such  adjoining  property,  after 
the  giying  of  judgment  or  sentence  for  the  first  fine. 

The  vaults  of  every  privy  which  may  be  constructed  («)  Privy  weiis. 
within  the  city  limits,  shall  be  digged  to  the  depth  of  twenty  dug  and  con- 
feet,  or  shall  be  at  least  six  feet  deep,  at  the  option  of 
the  owner  or  proprietor;  provided,  however,  that  in  case 
of  a  well  six  feet  deep,  it  shall  be  built  and  floored  with 
sound  and  well  burnt  bricks,  laid  on  edge  at  the  bottom,  and 
in  cement  impervious  to  water,  and  the  wall  shall  be  puddled 


778 


ORDINANCES. 


■with  clay,  one  foot  thick,  except  when  the  same  is  digged  in 

Rocks,  solid  clay  ground:  and  also,  provided,  that  when  rocfe,  or 

water  permanently  springing  or  flowing  into  the  well  from 

Amendment   ticneatli  the  surface  of  the  ground,  or  other  natural  obstacle, 

Ordinance  of  render  it  expedient  in  the  judgment  of  the  [Building  Inspec- 

18S6.  -toi-,]  that  such  well  should  be  made  of  the  depth  of  twenty 

feet,  such  well  may  be  sunk  to  any  depth  less  than  twenty  feet 

and  not  less  than  six  feet,  as  upon  application  to  him  may  be 

allowed  by  the  [Building  Inspector,]  who  shall  consider  the' 

circumstances  of  the  particular  case  and  direct  such  depth  as 

he  deems  expedient. 

(a)  The  Court  held  this  provision  should  be  given  a  prospective  ap- 
plication— i.  e..  it  should  apply  to  those  privies  only  -which  should  be  con- 
structed after  the  passage  of  the  ordinance. 

The  plaintiff  having  closed  his  case  the  Court  Tvas  asked  to  instruct 
the  jury, 

"to  bring  in  a  verdict  for  the  defendant  below,  appellant,  for  the  reason 
that  the  city  ordinance  provides  that  ' '  the  vault  of  every  privy  which  may 
be  constructed  within  the  city  limits  shall  be  *  ^  '  and  no  evidence  has 
been  offered  to  show  that  this  vault  was  constructed  after  the  passage  of 
the  ordinance. " 

Forbes,  d.  b.  a.  vs.  The  Mavor  and  Council  of  Wil.,  p.  b.  r.,  1  Marv. 
186.   (yr.  1893) 


Inspection 
by  Building 
Inspector. 


Certificate. 


Fees. 


Record. 


Penalty. 


Every  person  who  may  excavate  or  cause  to  be  excavated 
a  privy  well  wdthin  the  city  limits,  shall,  before  walling  or  lin- 
ing the  same,  give  notice  to  the  [Building  Inspector,]  whose 
duty  it  shall  be  to  inspect  it,  and  if  it  be  excavated  in  accord- 
ance wdth  the  foregoing  section  he  shall  direct  it  to  be  walled, 
or  walled,  cemented  and  puddled,  as  the  case  may  require,  and 
after  such  walling,  cementing  and  puddling,  shall  again 
notify  the  [Building  Inspector,]  who,  being  satisfied  by  per- 
sonal inspection,  or  by  a  deputy,  that  this  ordinance  has  been 
complied  Avith,  shall  give  a  certificate  to  that  effect,  for  which 
certificate  the  person  so  applying  shall  pay  to  the  [Building 
Inspector,]  a  fee  of  fifty  cents,  and  the  [Building  Inspector] 
shall  make  and  preserve  a  record  of  all  such  certificates  issued 
by  him,  and  shall  deliver,  at  the  end  of  every  three  months,  a 
list  of  the  same  to  the  Secretary  of  the  Board  of  Health,  who 
shall  transcribe  the  same  in  a  book  provided  for  the  purpose. 

Every  person  failing  to  comply  with  the  provisions  of 
this  ordinance  shall  forfeit  and  pay  a  fine  of  fifty  dollars. 


ORDINANCES.  779 

If  any  person  shall  remove  to  and  deposit  at  any  place  Night  soil, 
■within  this  city,  or  within  one  mile  of  the  city  limits,  any  night 
soil,  or  the  contents  of  any  privy  well,  every  person  so  offend- 
ing shall  be  deemed  gnilty  of  a  common  nuisance,  and  for 
every  such  offence  shall  forfeit  and  pay  a  fine  of  five  dollars. 
Provided,  however,  that  permission  may  be  granted  by  the 
Board  of  Health  to  make  such  deposits  anj^^'here  outside  of 
the  city  limits. 

The  Board  of  Health  shall  grant  license  to  so  manv  and  License  to 

^  *  excavators. 

such  persons  as  ra&y  be  necessary  to  act  as  excavators,  to  dis- 
place all  or  any  of  them  at  pleasure,  and  appoint  others  in 
their  places,  and  make  such  rules  and  regulations  for  their 
government  as  they  may  think  just  and  proper ;  and  if  any 
■person  shall  act  as  an  excavator  without  license  as  aforesaid, 
within  the  limits  of  this  city,  every  person  so  offending  for 
every  such  offence  shall  forfeit  and  pay  a  fine  of  five  dollars.  Penalty. 

Sec.  8.    The  Board  of  Health  shall  have  power,  in  case  of 

1  1  P  11  T  nil      Malignant 

the  prevalance,   or  oi  reasonable  ground  to   apprehend  the  diseases. 
prevalence  of  malignant  disease  in  this  city,  to  direct  specially, 

.  '  '     Cleaning 

the  cleansing  of  houses,  cellars,  yards,  docks  or  such  other  houses. 
places  as  the  said  board  shall  consider  recjuisite  or  prudent  for 
the  preservation  of  the  health  of  the  city  or  for  the  mitigation 
of  disease;  («)  and  if  any  such  direction  shall  not  be  observed 
and  fulfilled  within  the  time  therein  prescribed,  by  the  person 
to  whom  the  same  was  given,  the  said  board  shall  order  an  of- 
ficer of  the  board  or  some  other  person  or  persons  to  carry  the 
same  into  effect,  and  the  expenses  thereof  shall  be  paid  by  the 
person  to  whom  the  direction  was  originally  given  unless  the 
board  shall  otherwise  order,  and  if  payment  of  the  same  shall 
not  be  made  on  demand,  the  Treasurer  of  the  board  shall  pay 
the  same  and  shall  recover  the  same  with  interest  and  costs 
from  the  person  who  ought  to  have  paid  the  same,  as  debts  of 
like  amount  are  recoverable.  The  said  board  shall  also  have 
power  in  case  of  the  prevalence,  or  reasonable  ground  to  ap- 
prehend the  prevalence  of  malignant  disease  in  this  city  to  es- 
tablish hospitals,    one   or   more,   as  they   shall  deem  circum-  Hospitals. 


780 


ORDINANCES. 


Removal  of 
sick. 


Paving 
alleys,  etc. 


Infectious 
diseases  on 
vessels. 


Penalty. 


Quarantine 
regulations. 


stances  to  require,  and.  to  make  provision  and  regulations  for 
such  hospitals. 

(a)  See  reference  to  this  section  on  p.  217  of  the  attorney's  brief  in 
the  case  of 

Hartman  vs.  Wilmington,  1  Marv.  215  at  p.  217.   (yr.  1894) 

The  said  board  shall  also  have  power  in  case  of  the  preva- 
lence of  malignant  disease  in  this  city,  to  remove  persons  suf- 
fering from  contagious  or  infectious  diseases  from  filthy  and 
noxious  habitations,  or  from  noxious  or  peculiarly  exposed 
places,  to  other  habitations  or  hospital,  whenever  two-thirds  of 
all  the  members  of  the  board  shall  determine  that  the  faithful 
care  of  the  health  of  the  city,  or  of  any  neighborhood  thereof, 
requires  such  a  measure. 

Sec.  9.  The  Board  of  Health  shall  have  power  to  order 
the  paving  of  any  alley,  court,  yard  or  streets,  not  owned  by 
the  city;  provided,  that  two  members  of  the  board  shall  de- 
clare such  a  course  necessary  for  the  preservation  of  the  health 
of  the  neighborhood ;  and  if  the  order  of  the  said  Ijoard  be  not 
executed  within  the  required  time,  said  board  shall  have  au- 
thority to  have  the  paving  done,  and  to  collect  the  expenses 
thereof  pro  rata,  from  the  parties  owning  or  using  such  alley, 
court,  yard  or  street. 

Sec.  10.  The  Board  of  Health  shall  have  authority  to  or- 
der the  removal  of  any  vessel  then  having  or  having  recently 
had  any  contagious  or  infectious  disease  on  board,  which  in 
the  opinion  of  the  board  may  be  the  cause  of  infection  or  con- 
tagion, to  a  point  not  less  than  one  mile  from  the  city  limits 
under  a  penalty  for  refusal  to  comply  with  this  order  of  one 
hundred  dollars  for  evers*  hour  said  order  shall  not  be  com- 
plied with. 

And  whenever  the  said  board  shall  have  evidence  which  it 
deems  sufficient  of  the  prevalence  of  any  infectious  or  con- 
tagious disease  in  any  place  in  the  United  States  or  elsewhere, 
it  shall  have  power,  wdth  the  concurrence  of  two-thirds  of  all 
the  members  of  the  board,  to  regulate  or  interdict  the  inter- 
course by  land  and  water  between  such  places  and  this  city 
and  neighborhood  to  the  distance  of  one  mile  from  the  boun- 


ORDINANCES.  781 

daries  of  the  city,  for  the  purpose  of  preventing-  the  introduc- 
tion of  such  disease  into  this  city  and  neighborhood.  The  regu- 
lations or  interdictions  shall  be  by  proclamation,  and  it  may 
be  confined  to  the  city  or  extended  to  the  neighborhood.     A 
vote  shall  be  taken  in  the  board  at  least  every  tenth  day  after 
issuing  such  proclamation  upon  the  question  of  continuing  it, 
and  if  upon  such  question  there  shall  not  be  two-thirds  of  all 
the  members  of  the  board  for  the  continuance  the  proclama- 
tion shall  expire.     If  a  vote  shall  not  be  so  taken  the  procla- 
mation shall  expire  at  the  end  of  the  tenth  day  from  the  day 
exclusively  of  the  vote  last  taken,  whether  for  the  issuing  or 
for  the  continuance  of  the  proclamation.    If  any  ship,  packet, 
steamboat  or  vessel  shall  be  brought  within  the  limits  of  this  quamnthie 
city  or  within  one  mile  of  the  boundaries  thereof,  or  if  any  ^^^^ 
•goods,  wares  or  merchandise,  or  any-  passenger  or  other  per- 
son shall  be  landed  or  brought  on  shore  within  the  limits  of 
this  city  or  within  one  mile  of  the  boundaries  thereof,  from 
any  ship,  packet,  steamboat  or  vessel,  or  if  any  goods,  wares 
or  merchandise,  pa&senger  or  person  landed  at  a  greater  dis- 
tance than  one  mile  from  the  boundaries  of  this  city  with  an 
intention  to  be  brought  to  this  city,  shall  be  brought  to  this 
city  or  within  one  mile  of  its  boundaries  in  contravention  of 
any  proclamation  issued  as  aforesaid,  the  master  or  person 
having  charge  of  such  ship,  packet,  steamboat  or  vessel  and 
every  owner  thereof  consenting  or  being  privy  to  the  bringing 
of  the  same,  and  every  owner  and  consignee  of  such  goods, 
wares  or  merchandise  consenting  or  being  privy  to  the  bring- 
ing of  the  same,  and  all  persons  aiding  and  abetting  in  the 
premises,  shall  each  forfeit  and  pay  a  fine  of  five  hundred  dol-  Penalty. 
lars,  and  the  Board  of  Health  shall  have  poAver  to  order  the 
immediate  removal  of  such  ve&sel,  packet,  steamboat  or  goods, 
wares  or  merchandise  to  a  distance  not  exceeding  one  mile 
from  the  boundaries  of  this  city  and  to  charge  any  officer  or 
other  person  with  the  execution  of  such  order,  and  the  ex- 
penses shall  be  paid  by  the  master  or  person  having  charge  of 
such  ship,  packet,  steamboat  or  vessel,  or  the  owner  or  con- 
signee of  such  goods,  wares  or  merchandise ;  and  if  such  pay- 
ment be  refused  the  Treasurer  of  the  board  shall  pay  the  same 
and  recover  the  same  with  interests  and  costs  from  any  per- 


782 


Exception; 


Violations. 


Penalty. 


Violations. 


Penalty. 


Violations. 


Penalty. 


ORDINANCES. 

son  liable,  as  debts  of  like  amouiit  are  recoverable.  But  the 
master  of  any  ship,  packet,  steamboat  or  vessel,  or  his  agent, 
shall  be  at  liberty  to  come  once  on  shore  for  the  purpose  of 
consulting  a  health  officer  or  doing  business  at  the  Custom 
House,  employing  a  suitable  boat's  crew,  provided  the  crew 
do  not  leave  the  boat  and  his  stay  does  not  exceed  two  hours. 

A  ship,  packet,  steamboat  or  vessel  bound  to  a  place  above 
Wilming-ton  and  passing  directly  up  the  creek  without  unload- 
ing any  goods,  wares,  or  merchandise  or  landing  by  any  pas- 
sengers, contrary'  to  the  preceding  provisions,  shall  not  be 
within  this  ordinance. 

If  any  person  shall  bring  or  aid  in  bringing,  or  supply 
any  carriage,  horse  or  conveyance  for  bringing  to  this  city,  or 
within  one  mile  of  the  boundaries  thereof,  any  pei'son  or  any 
goods,  wares  or  merchandise  in  contravention  of  any  procla- 
mation issued  as  aforesaid,  every  such  person  shall  forfeit  and 
pay  a  fine  of  three  hundred  dollars. 

If  any  person  shall  come  to  or  stay  in  this  city  or  within 
one  mile  of  the  boundaries  thereof,  in  contravention  of  any 
proclamation  issued  .as  aforesaid,  ever}-  such  person  shall  for 
every  such  offence  forfeit  and  pay  a  fine  of  forty  dollars,  and 
the  further  sum  of  ten  dollars  for  every  twentj'-four  hours 
continuance  in  this  cit}?"  or  within  one  mile  of  the  boundaries 
thereof  in  contravention  of  such  proclamation. 

If  any  person  shall  entertain,  harbor,  receive  or  keep  any 
peraon,  goods,  Avares  or  merchandise,  coming  or  brought  to  this 
city  or  within  one  mile  of  the  boundaries  thereof,  in  contra- 
vention of  any  proclamation  issued  as  aforesaid,  every  such 
person  shall  forfeit  and  pay  a  fine  of  forty  dollars,  and  the 
Board  of  Health  shall  have  power  to  order  the  immediate  re- 
moval of  such  person,  goods,  wares  and  merchandise  to  a  dis- 
tance not  exceeding  one  mile  from  the  boundaries  of  this  city, 
and  the  expense  shall  be  paid  by  the  person  having  the  goods, 
wares  or  merchandise  in  possession  or  by  the  owner  thereof, 
and  if  such  payment  be  denied  the  Treasurer  of  the  board 
shall  -pay  the  same  and  recover  the  same,  with  interest  and 


ORDINANCES.  783 

costs  from  any  person  liable,  as  debts  of  like  amount  are  re- 
coverable. 

[All  medical  attendance  in  cases  of  Epidemic  or  Asiatic  Ordinance, 

June  27   1895. 

Cholera,  Yellow  Fever,  Small-pox,  Varioloid,  T3T)hus  Fever,  Medical  at- 
Typlioid  Fever.  Scarlet  Fever,  IMembranons  Croup  and  Diph-  ca"es  ofVpi- 
theria,  shall  report  in  writing-  to  the  Secretary  of  the  Board  of  sit^J^repm-t 
Health  within  six  hours  after  the  diagnosis  in  such  case  or  ^^  ioai-d*^^^ 
cases  occurring  between  six  o'clock  A.  M.  and  six  P.  ]\I.,  or  °.^i^^?^'g*^ 
within  eighteen  hours  if  such  diagnosis  be  made  between  six  ||^q '^^ja^gno- 
o 'clock  P.  M.  and  six  A.  M.,  upon  such  blaulvs  furnished  by  ^^^• 
the  Board  of  Health  for  such  purpose.    Such  report  shall  state 
name,  sex,  age,  color,  nation,  residence  and  duration  of  dis- 
ease at  time  of  report. 

It  shall  be  the  duty  of  everv  physician  or  other  person 

''  .     f    J  1  Physicians 

who  shall  have  charge  or  be  in  medical  attendance  upon  any  siiaii  report 
person  afflicted  with  Cholera,  Yellow  Fever,  Small-pox,  Vario-  of  such 
loid,  Tj^hus  Fever,  Scarlet  Fever,  Diphtheria  and  jMembra- 
nous. Croup  within  the  limit  of  this  city,  or  within  one  (1) 
mile  thereof,  after  the  recovery  of  such  person  upon  careful 
and  satisfactory  examination,  to  report  said  fact  to  the  Secre- 
tary of  the  Board  of  Health. 


It  shall  be  the  duty    of    the   Secretar}"  of  the  Board  of  to  notify 
Health  after  the  filing  of  said  report  to  notify  the  Secretary  of  tary  of  the 
the  Board  of  Education  of  such  case  or  cases.  Educat*ion. 


It  shall  be  the  duty  of  the  Secretary  of  the  Board  of  Edu-  No  child 
cation  immediately  upon  notice  from  the  Board  of  Health  to  house  shall 
notify  the  principal  of  each  school  of  the  facts  of  such  disease,  to  attend 
as  are  required  by  the  preceding  paragraph,  and  no  child  vate'schooL' 
from  said  house  shall  be  permitted  to  attend  any  public  or  pri- 
vate school,  or  place  of  public  assemblage,  or  appear  on  the 
public  streets,  or  in  the  parks  until  after  ten  (10)  days  of  the 
death  or  convalescence  of  said  patient.  Any  medical 

attendant 
who  shall  fail 

If  any  medical  attendant  or  any  other  persons  who  are  re-  ^itiauie^ 
quired  to  observe  these  regulations  shall  fail  to  observe  and  pavl  nlfe^ 

of  $15.00. 


784 


ORDINANCES. 


comply  with  the  same,  he  or  she  shall  forfeit  and  pay  a  fine  of 
fifteen  (15)   dollars. 

Board  of  The  Board  of  Health  are  hereby  empowered  to  adopt  such 

xi^elltll  3.YQ  ^  ^  ^ 

empowered    means  01  quarantine  m  contagious  or  epidemic  diseases  as  in 

to  quarantine  ..  itttpi- 

contagious     their  judgment  the  health  of  the  citv  mav  require,  and  anv 

diseases.  i     n    p    -i  -,  •   t      t        -,-  •      * 

person  who  shall  lail  to  observe  or  comply  with  the  directions 
of  the  Board  of  Health  in  such  cases,  shall,  upon  conviction 
before  the  Municipal  Court,  forfeit  and  pay  a  fine  of  twenty 
(20)  dollars. 


Cleansing 

premises 

where 

nuisance 

exists. 


Notice. 


Refusal  to 
cleanse. 


Right  to 
enter  any 
premises. 


Sec.  11.  The  board,  when  satisfied  after  an  examination, 
that  any  cellar,  room,  tenement  or  building  within  its  juris- 
diction, occupied  as  a  dwelling  place,  has  become  by  reason  of 
the  number  of  occupants,  or  want  of  cleanliness  or  other  cause, 
unfit  for  such  purpose,  and  a  cause  of  nuisance  or  sickness  to 
the  occupants,  or  the  public,  may  direct  the  owner  or  owners, 
or  occupants  thereof,  to  have  the  premises  properly  cleansed, 
or  if  the}^  see  fit,  require  the  occupants  to  remove  or  quit  the 
premises  ^^dthin  such  a  time  as  the  board  may  deem  reason- 
able. («)  If  the  person  or  persons  so  notified,  or  any  of  them, 
neglect  or  refuse  to  complj^  with  the  direction  of  the  board, 
the  board  may  cause  the  premises  to  be  properly  cleansed  at 
the  expense  of  the  owners,  or  may  remove  the  occupants,  forci- 
bly, and  close  up  the  premises,  and  they  shall  not  again  be  oc- 
cupied as  a  dw^elling  place  without  permission  in  writing  of 
the  board;  and  if  such  0A\Tier  or  owners  refuse  to  pay  the  ex- 
penses incident  to  the  execution  of  such  orders,  the  Treasurer 
of  the  board  shall  recover  the  same  with  interest  and  costs 
from  the  person  who  ought  to  have  paid  the  same,  as  debts  of 
like  amount  are  recoverable. 

(a)  See  reference  to  this  provision  iu  attorney's  brief  on  p.  217  of 
the  ease  of 

Hartman  vs.  Wilmington,  1  Marv.  21.5.   (yr.  1894) 

TVhenever  the  Board  of  Health  shall  think  it  necessary 
for  the  preservation  of  the  lives  and  the  health  of  the  citizens 
to  enter  a  place  or  building  within  their  jurisdiction,  for  the 
purpose  of  examining  into  and  destroying,  removing  or  pre- 
venting any  nuisance,  source  or  filth,  or  cause  of  sickness,  and 


ORDINANCES.  785 

shall  be  refused  such  entry,  an}'  member  of  the  board  may  Refusal, 
make  complaint  under  oath  to  the  [Judge  of  the  Municipal 
Court.]  stating  the  facts  of  the  case  as  far  as  he  has  knowl- 
edge thereof.  The  [Judge  of  the  Municipal  Court]  shall 
thereupon  issue  a  warrant  directed  to  any  Constable  of  the,  ^^^'''''^"*- 
county,  commanding  him  to  take  sufficient  aid,  and  being  ac- 
companed  by  two  or  more  members  of  the  Board  of  Health, 
between  the  hours  of  sunrise  and  sunset,  repair  to  the  place 
where  such  nuisances,  source  of  filth,  or  cause  of  disease  may 
exist,  and  the  same  destroy,  remove  or  prevent,  under  direc- 
tion of  such  members  of  the  board. 

Sec.  12.^  It  shall  not  be  lawful  hereafter  for  any  ceme-  Disinterment 
tery  company  or  superintendent  of  any  cemetery  or  burial  °*  'todies. 
place,  to  disinter  and  remove  from  the  grounds  or  enclosures 
of  said  cemetery  or  burial  place,  the  remains  of  any  person  who 
may  have  died  of  small-pox  or  other  infectious  or  contagious 
disease,  within  six  months  immediately  preceding  the  time  of 
such  disinterment. 

Before  any  disinterment  and  removal  shall  take  place,  ®^™'  ■ 
the  superintendent  of  the  cemetery  or  burial  place,  or  the  per- 
son acting  as  superintendent  or  grave-digger,  shall  first  have 
in  his  possession  a  written  or  printed  permit  therefor,  duly 
signed  by  the  Registrar  of  Deaths  and  Burials,  setting  forth 
the  name,  time  of  death,  and  nature  of  the  disease  of  the  per- 
son to  be  exhumed  and  removed. 

It  shall  not  be  lawful  for  any  railroad,  steamboat  or  trans-  Bringing 

dead  bodies 

portation  company,  or  for  any  person  or  persons,  by  either  into  city. 
public  or  private  conveyance,  to  bring  into  this  cit}'^  the  re- 
mains of  any  person  who  may  have  died  of  any  infectious  or 
contagious  disease,  within  a  period  of  six  months  immediately 
preceding  the  time  of  such  conveyance,  and  at  no  time  there- 
after, unless  a  permit,  as  provided  for  in  the  second  para- 
graph of  this  section,  shall  be  first  had  for  that  purpose. 

^  *  '^  *  '"  *  '■  ..WW  Ordinance  of 

Feb.  2,  18SS. 

The  burial  of  all  persons  having  died  within  the  limits  of  Private 
the  city  from  Epidemic  or  Asiatic  Cholera,  Yellow  Fever,  ^"''^^^• 

1.     As  to  Sec.  12,  see  p.  792  of  tliis  volume. 


786 


ORDINANCES. 


De'c"^3"*is"97  ''^^^ll-pox,  Scarlet  Fever  (  *  *  )  Diphtheria  [or  Membra- 
nous   Croup]    shall   be   private,  and.  shall  take  place  within 

Ordinance  [thirty]  hours  after  death  without  any  exposure  of  the  body 
to  public  view. 

Amendment,  [In  all  cascs  of  violation  of  any  of  the  provisions  of  this 

Feb.  2,  1888.    section  the  party   or    parties    so    offending  shall  upon  proof 
Penalty.         thereof,  before  the  Municipal  Court,  be  fined  fifty  dollars  for 
each  offence.] 


Weeds  on 
vacant  lots. 


Sec.  13.  If  the  owner,  agent  or  tenant  of  any  vacant  lot 
within  the  city  limits  shall  allow  weeds  or  rubbish  to  collect 
thereon,  and  shall  refuse  or  neglect  to  remove  the  same  with- 
in five  days  after  receiving  notice  from  an  Executive  Ol^cer 
of  the  Board  of  Health,  such  owner,  agent  or  tenant  shall  be 
subject  to  a  penalty  of  five  dollars  for  such  refusal  or  neglect, 
with  an  additional  penalty  of  one  dollar  for  each  day  the  nui- 
sance is  permitted  to  remain  after  the  expiration  of  the  notice. 

[Sec.  14.]*  ******** 


street 
scrapings. 


Privj'  wells 
in  cellars. 


Penalty. 


Sec.  15.  It  shall  not  be  lawful  for  the  Street  Commis- 
sioner or  any  person  in  his  employ,  or  any  other  person,  to 
use  the  scrapings  and  sweepings  of  the  public  streets  in  fill- 
ing up  other  streets,  in  localities  where  such  deposits  will 
prove  detrimental  to  the  health  of  the  neighborhood,  nor  shall 
any  such  scrapings  or  sweepings  be  placed  on  any  vacant  lot. 

Sec.  16.  It  shall  not  be  lawful  for  the  owner  or  tenant  of 
any  house  now  erected  or  that  may  be  hereafter  erected  within 
the  limits  of  the  city,  to  dig  a  sink  or  privy  well  in  the  cellar 
of  said  house.  Any  person  violating  the  provision  of  this  sec- 
tion shall  be  liable  to  a  penalty  of  twenty  dollars. 


Sec.  17.     All  fines  and  penalties  imposed  by  the  provi- 
Fines,  etc.      sions  of  this  Ordinance  shall  be  collected  before  the  [Municipal 
Court]  at  the  suit  of  any  officer  or  member  of  the  Board  of 
Health. 


ORDINANCES.  787 

Sec.  18.  All  ordinances,  or  parts  of  ordinances,  incon- 
sistent with  or  contrary  to  the  provisions  of  this  ordinance,  be 
and  the  same  are  hereby'  repealed,  made  null  and  void. 

Original  Act. 

Passed  at  City  Hall,  April  15,  1856. 


AN  ORDINANCE  to  provide  for  the  more  effectual  protec- 
tion of  the  public  health  of  this  city. 

Be  it  ordained,  by  The  Council  of  Wilmington. 

Section  1.    Upon  receipt  by  the  Secretary  of  the  Board  taln^diseases 
of  Health  of  a  report  from  a  pliysician  of  the  existence  of  a  carcfed.^" 
case   of   Scarlet   Fever,    Diphtheria,    Diphtheritic    Croup    or 
Membranous  Croup,   he  may   at   once   place  or  caused  to  be 
placed  in  a  conspicuous  place  or  places  upon  or  near  the  house 
or  premises  in  -which  said  case  may  be  located,  a  placard  or 
placards,  to  be  no  larger  than  six   (6)    inches  by  nine   (9)  placard, 
inches,  upon  which  shall  be  printed  in  large  letters  the  name 
of  the  disease  from  which  the  person  or  persons  in  said  house 
or  premises  may  be  suffering,  as  the  case  may  be. 

Sec.  2.  All  cases  that  shall  be  reported  as  Diphtheritic 
Croup  or  Membranous  Croup  shall  be  placarded  as  Diph- 
theria. 

Sec.  3.    The  placard  or  placards  shall  remain  on  the  house  how  long 

'■  ^  placard  to 

or  premises  until  after  the  attending  physician  has  reported  remain, 
to  the  Secretary  of  the  Board  of  Health  that  the  patient  has 
entirely  recovered  or  until  after  the  death  and  burial  of  the 
patient,  and  the  house  or  premises  has  been  thoroughly  fumi-    . 
gated  by  an  oiBcer  of  the  Board  of  Health. 

Sec.  4.     In  any  case  where  such  placard  or  placards  are  Penalty  for 
removed,  covered  up,  defaced  or  destroyed,  the  party  or  par-  or  defacing, 
ties  so  off'endiug,  shall,   upon   conviction  thereof  before  the 
Municipal  Court,  forfeit  and  pay  a  fine  of  ten  (10)  dollars. 

Approved  December  16,  1903. 


788 


ORDINANCES. 


AN    ORDINANCE    concerning    nuisances    injurious    to    the 
lieaUli  of  the  city. 

Section  1.  *         *         *        *         *         *        *         * 

It  shall  not  be  lawful  for  any  person  to  cleanse,  or  cause 
to  be  cleansed,  any  privy  well  in  this  city  during  the  months 
of  July  and  August,  unless  such  privy  well  shall  have  been 
cleansed  within  two  months  previously  without  having  first 
obtained  from  the  Secretary  of  the  Board  of  Health  a  permit, 
authorizing  the  same  to  be  done,  for  which  he  shall  pay  to  the 
Secretary  for  the  use  of  the  city  the  sum  of  two  dollars,  and 
every  person  so  offending  shall  be  guilty  of  a  common  nui- 
sance, and  shall  be  liable  to  a  fine  of  five  dollars,  to  be  im- 
posed by  the  [Municipal  Court.] 

If  any  person  suffer  the  gutter  before  the  house  or  other 
building,  or  improved  or  inclosed  lot  in  his  or  her  possession 
within  the  limits  of  this  city,  between  Tatnall  and  Walnut 
streets,  inclusive  of  said  streets,  to  remain  obstructed,  or  if 
any  person  shall  suffer  water  to  stand  upon  or  over  the  sur- 
face of  any  cellar  in  his  or  her  possession  within  said  limits, 
inclusive  as  aforesaid,  for  the  space  of  forty-eight  hours,  or  if 
any  person  shall  suffer  the  cellar,  yard  or  stable  in  his  or  her 
possession  within  the  limits  of  this  city,  to  be  in  an  offensive 
state,  every  person  so  offending  shall  be  guilty  of  a  common 
nuisance,  and  for  every  such  offence  shall  forfeit  and  pay  a 
fine  of  four  dollars.  Provided,  that  in  case  of  a  cellar  with 
M'ater  standing  («)  upon  it,  two  members  of  the  Council  or  of 
the  Board  of  Health  shall  have  first  declared  it  to  be  a  nui- 
sance. 

(fl)  In  case  of  prosecution  under  the  above  ordinance  the  charge 
should  be  in  the  language  of  the  ordinance.  If  a  cellar  have  water 
* '  standing  upon  it, ' '  it  should  be  so  charged,  and  not  simply  be  a  charge 
of  a  "wet  cellar."   (215)      (Attorney's  brief.) 

Hartnian  vs.  Wilmington,  1  Marv.  215  at  217.   (yr.  1894) 

Sec    2  ###****** 

Duties  of  In  respect  to  the  vaults  of  privies  already  sunk  near  to 

owners  of  ^  x  ^ 

privy  lots  of  other  persons,  it  shall  be  the  duty  of  the  owner,  and 

also  the  holder  of  the  property  to  which  every  such  privy  ap- 
pertains, to  secure  and  keep  the  vaults  of  the  same  in  such  a 


Privy  wells, 

cleaning 

thereof. 


Permit. 


Penalty. 


Gutters  ob- 
structed or 
filthy. 


Stagnant 
water  on 
surface  of 
lots  or  in 
cellars. 


Yards  or 
stables  in 
offensive 
condition. 


Penalty. 
Proviso. 


ORDINANCES.  789 

manner  that  the  contents  shall  not  ooze  or  pass  into  the  ad-  pj'i^^jfj^'^us^/ 
joining  property,  and  in  default  thereof,  every  such  owner  o°*a^°of,-,°"g 
and  holder  shall  forfeit  and  pay  a  fine  of  five  dollars,  and  property. 

.  Penalty, 

further  fine  of  one  dollar,  for  every  day  on  which  such  con-  $5.00. 

tents  shall  ooze  or  pass  into  such  adjoining-  property  after  the 

giving  of  judgment  or  sentence  for  the  first  time. 

A  tenant  incurring  expense  to  secure  or  keep  a  vault  as  Tenant. 
aforesaid  shall  have  a  right  to  make  from  the  rent  a  just  de- 
duction. 


Sec.  3.  («)     From  and  after  the  passage  of  this  ordinance  slaughter 
it  shall  not  be  lawful  to  build  or  construct  a  slaughter  house, 
for  the  purpose  of  slaughtering  cattle,  sheep,  swine  or  calv&s. 
within  the  limits  of  this  city,  without  permission  first  had  and 
obtained  for  that  purpose  from  the  City  Council. 

(a)   See  Sec.  4,  p.  775  of  this  volume   (amendmeut  of  1SS2),  prac- 
tically repealing  the  above  Sec.  3. 

All  slaughter  houses  now  or  hereafter  erected,  shall,  with-  Floors  of 

°  '  '  _  slaughter 

in  thirty  days  after  the  pasage  of  this  ordinance,  be  furnished  houses. 
with  either  a  tight  two-inch   oak   floor,    laid   in   mortar  or  a 
paved  brick  floor,  the  bricks  to  be  placed  on  edge,  and  whether 
said  floor  be  of  plank  or  of  brick,  it  shall  have  a  gradual  de- 
scent to  a  point,  where  the  blood  and  garbage  will  be  received 
in  some  suitable  vessel   placed  there  for  that   purpose ;  and  Removal  of 
further,  said  vessel  as  aforesaid,  shall  be  emptied  of  its  con- ^}^o^o^|^'i 
tents  at  some  point  without  the  limits  of  the  city,  at  least  three 
times  a  week,  from  the  first  day  of  INIay  to  the  first  day  of  No- 
vember inclusive,  and  from  the  first  day  of  November  to  the 
first  day  of  ]\Iay,  at  least  twice  a  week  in  like  manner. 

Any  person  or  persons  violating  the  provisions  of  this  or-  Penalty. 
dinance,  shall  be  guilty  of  a  common  nuisance,  (")  and  shall 
forfeit  and  pay  the  sum  of  five  dollars  for  the  first  offence,  and 
a  further  sum  of  five  dollars  for  every  twenty-four  hours  that 
the  said  nuisance  is  allowed  to  remain  on  the  premises  aftei'     ^. 

'-  Ordinance, 

being  notified  to  remove  it  by  the  [District]  Constables.  Juiys,  i873. 

(fl)   Slaughter  houses    (since  the   amendment   of   1882)    cannot   now 


790 


ORDINANCES. 


be  constructed  "for  the  purpose  of  slaughtering  cattle,  sheep,  swine  or 
calves  within  the  limits  of  the  city."  (Sec.  4,  p.  775  of  this  volume.)  And 
if  used  for  any  purpose  other  than  the  above,  they  must  not  become  a 
nuisance  to  the  neighborhood. 

Comegys,  C.  J.:  "If  one  were  to  erect  a  *  *  slaughter  house 
*  *  in  a  town,  and  a  few  people  only  in  that 
immediate  neighborhood  were  annoyed  by  it,  there  would  be  no  indictable 
offense;  if  the  annoyance  extended  to  those  generally  about  there,  the 
owner  would  be  indictable,  although  in  point  of  fact  only  a  small  neigh- 
borhood of  the  town,  for  example,  a  single  square,  where  there  many 
squares,  was  within  the  scope  of  the  foul  smells. ' ' 

State  vs.  Luce  et  al,  9  Houst.  396  at  399.   (yr.  1885) 
The   Council,   if  it   so   desired,   without   express   authority   from   the 
Legislature,  could  not  permit  one  to  create,  or  continue,  a  nuisance,    id. 
397-8. 

Inspection.  j^n  slaughter  houses  as  aforesaid,  shall  be  liable  to  the  in- 

spection of  the  [District]  Constables,  whose  duty  it  is  hereby 
declared  to  be,  to  visit  each  and  everv^  slaughter  house  within 
the  limits  of  this  city,  once  a  week,  from  the  first  day  of  May 
to  the  first  day  of  November,  and  report  the  circumstances  to 
the  ]\Iayor,  and  for  each  and  every  neglect  of  this  duty,  he 
shall  be  fined  the  sum  of  five  dollars. 


Notice  for 
removal. 


Fines. 


It  shall  be  the  dutj'  of  the  Mayor,  upon  the  report  of  the 
[District]  Constables  of  the  existence  of  a  nuisance  as  afore- 
said, to  issue  notice  forthwith,  requiring  its  removal.  (") 

(a)   The  Board  of  Health  has  full  charge  of  all  the  above  matters. 

The  fines,  forfeitures  and  penalties  accruing  under  this 
ordinance  shall  be  recovered  before  the  iMunicipal  Court  of 
this  city. 


All  ordinances,  and  parts  of  ordinances,  inconsistent  here- 
with are  hereby  repealed. 

Passed  at  Citv  Hall.  October  13,  1856. 


AX  OBDIXAXCE  providing  for  general  gratuitous  vaccina- 
tion. 

Ordinance.  SECTION  1.     [For  vaccine  purposes  the  city  shall  be  di- 

Dec.  28, 1882.  y{^Q(^  jj^j-^  fg^^j,  parts,  as  follows,  to  wit : 


j^.g^^..^^  The  First  district  shall  be  all  of  that  part  of  the  city 

south  of  Sixth  street,  extended  easterly  to  the  city  line,  and 


ORDINANCES.  791 

east  of  ^Market  street  extended  southerly  to  the  city  Hue ;  the 
Second  district  shall  be  all  that  part  of  the  city  south  of  Sixth 
street  extended  westerly  to  the  city  line,  and  west  of  Market 
street  extended  southerly  to  the  city  line;  the  Third  district 
shall  be  all  that  part  of  the  city  north  of  Sixth  street  extended 
to  the  city  line  easterl.y,  and  east  of  Market  street  extended 
northerly  to  the  city  line ;  the  Fourth  district  shall  be  all  that 
portion  of  the  city  north  of  Sixth  street  extended  westerly  to 
the  city  line,  and  west  of  jMarket  street  extended  northerly  to 
the  city  line.] 

Sec.  2.    There  shall  be  elected  at  the  first  stated  meeting  ^^ff^^^^^ 
of  Council  in  each  year  [four]  public  officers  to  be  called  Vac-  Election 
cine  Physicians,  one  for  each  of  the  districts,  whose  terms  of  s|\™,?^^ 
office  shall  continue  for  one  year ;  the  salary  of  each  sliall  be  ordinance 
[one]  hundred  dollars  per  annum,  payable  upon  the  full  and  ^®^-  -^'  ^^^^• 
satisfactory  fulfillment  of  their  duties  as  by  this  ordinance 
prescribed. 

Sec.  3.  It  shall  be  the  duty  of  each  Vaccine  Physician  to  Duties. 
vaccinate  or  revaccinate  all  persons  who  may  call  upon  him,  if 
they  reside  in  his  district  and  are  not  protected  by  va(!cina- 
tion ;  it  sliall  also  be  his  duty  to  make  quarterly  visits  through  Quarterly 
his  district  for  the  purpose  of  ascertaining  faithfully  wher(^ 
there  are  any  unprotected  poor  persons,  and  to  vaccinate  or 
revaccinate  all  such  as  are  not  unwilling  to  have  it  done. 

Sec.  4.     The  vaccination  or  revaccination  must  be  per-  Manner  of 
formed  in  the  most  skillful  and  professional  manner,  and  each 
subject  vaccinated  must  be  seen  by  the  physician,  if  possible, 
twice  after  the  insertion  of  the  matter. 

Sec.  5.    It  shall  be  the  duty  of  each  Vaccine  Physician  to  Annual 
report  to  Council  at  the  end  of  each  year  the  name,  age,  color  ^^^°'  ' 
and  residence  of  each  person  he  has  vaccinated  or  revaccinated 
during  the  year. 

Sec.  6.  It  shall  be  the  duty  of  each  Vaccine  Physician,  official  sign, 
within  one  week  after  his  election,  to  have  placed  upon  the 


792 


ORDINANCES. 


outside  of  his  office,  a  sign,    with   the   words  "City  Vaccine 
Physician"  plainly  painted  thereon. 

Vacancy.  Sec.  7.    Any  vacancy  in  the  office  of  Vaccine  Physician, 

from  death,  resignation  or  otherwise,  shall  be  filled  by  the 
Council  only  for  the  remainder  of  the  term. 

Passed  at  Citv  Hall,  Feln-uarv  9,  1860. 


AX  ORDINANCE  concerning  the  introduction  and  removal 
of  dead  bodies  within  the  limits  of  the  city} 

Section  1.  That  it  shall  not  be  lawful  hereafter  for  any 
cemetery  company  or  superintendent  of  any  cemetery  or 
burial  place  to  disinter  and  remove  from  the  grounds  or  en- 
closures of  said  cemetery  or  burial  place  the  remains  of  any 
person  who  may  have  died  of  small-pox,  or  other  infectious  or 
contagious  disease,  within  six  months  immediately  preceding 
the  time  of  such  disinterment. 


Permit. 


Bringing 
dead  bodies 
into  city. 


Permit. 


Penalty. 


Sec.  2.  That  before  any  disinterment  and  removal  shall 
take  place  the  superintendent  of  the  cemetery  or  burial  place, 
or  the  person  acting  as  superintendent  or  grave  digger,  shall 
first  have  in  his  possession  a  written  or  printed  permit  there- 
for, duly  signed  by  the  Registrar  of  Deaths  and  Burials,  set- 
ting forth  the  name,  time  of  death  and  nature  of  the  disease 
of  the  person  to  be  exhumed  and  removed. 

Sec.  3.  That  it  shall  not  be  lawful  for  any  railroad, 
steamboat  or  transportation  company,  or  for  any  person  or 
persons  by  either  public  or  private  conveyance,  to  bring  into 
this  city  the  remains  of  any  person  who  may  have  died  of  any 
infectious  or  contagious  disease  within  a  period  of  six  months 
immediately  preceding  the  time  of  such  conveyance,  and  at  no 
time  thereafter,  unless  a  permit  as  provided  in  the  second  sec- 
tion of  this  ordinance  shall  be  first  had  for  that  purpose. 

Sec.  4.  That  in  all  cases  of  violation  of  any  of  the  pro- 
visions of  this  ordinance  the  party  or  parties  so  offending 


1.     See  p.  785  (Sec.  12)  of  this  volume. 


ORDINANCES.  793 

shall,  upon  proof  thereof  before  the   [j\Iiinicipal  Court.]    be 
fined  fift}'  dollars  for  each  offence. 

Passed  at  City  Hall,  May  7,  1874. 


AX  ORDINANCE  providing  for  the  appointment  and  pre- 
scribing the  duties  of  the  City  Registrar} 

Act  of  March 

Section  1.     There  shall  be  appointed  on  the  first  Thnrs-  Rel'jgtrar 
day  in  July,  A.  D.  [1886],  and  on  the  first  Thursday  in  Jul}"  Act  of  April 
in  each  fifth  year  thereafter,  a  City  Registrar,  («)  who  shall 
be  Registrar  of  Deaths,  Births  and  Marriages,  and  the  Secre- 
tary of  the  Board  of  Health.     He  shall  receive,  as  Registrar 
of  Births,  Deatlis  and  Marriages,  a  salary  of  eight  hundred  Salary, 
dollars  per  annum. 

(a)  In  1891  one  Lee  was  ousted  from  the  above  named  office  by  one 
Colquhoun,  and  Lee  brought  an  action  of  assumpsit  against  the  city  for 
salary.  As  he  had  not  previously  tested  and  established  his  right  to  the 
office  by  quo  warranto  proceedings,  the  Court  held  that  he  could  not  re- 
cover. 

Marvel,  J.:  If  *  *  " Lee  desired  to  maintain  his  action  of  as- 
sumpsit against  the  defendant"  (city)  "for  the 
amount  of  the  salary  of  said  office  *  *  he  should  first  have  had  his 
right  to  the  office  passed  ui>on  by  a  competent  tribunal  in  a  proceeding 
for  that  purpose. ' ' 

Lee  vs.  Wilmington,  1  Marv.  65  at  72.   (yr.  1893) 

(See  Sec.  108,  "a"  of  the  Charter.) 

The  duties  of  the  said  City  Registrar,  in  addition  to  those  f'3^\g83^f7'' 
defined  in  the  section  of  the  Act  of  Assembly  above  recited,  ^-  ^-  ^'^^■ 
shall  be  as  follows,  viz : 

He  shall,  in  keeping  the  record  of  deaths,  births  and  mar-  -q^^i^^ 
riages,  as  provided  aforesaid,  record  names,  dates,  ages,  sex, 
color,  nationality  and  other  statistics  as  hereinafter  provided. 
He  shall  keep  on  hand,  at  all  times,  suitable  blanks  to  secure 
uniformity  and  despatch  in  the  registration  hereinafter  pro- 
vided, and  shall  supply  said  blanks  free  of  cost  to  all  physi- 
cians,  midwives,   householders,    coroners,    clergj-men.    magis- 


1.     For  the  appointment  of  City  Registrar,  see  Sec.  lOS  of  Charter  as 
amended. 


794 


ORDINANCES. 


Report. 


Report  to  be 
sent  to 
Council. 


trates  or  other  persons  who  are  by  law  required  to  report  vital 
statistics  to  the  Registrar's  office. 

He  shall,  during  the  month  of  January  in  each  year,  make 
a  report  to  the  Board  of  Health  containing  all  matters  of  in- 
terest pertaining  to  his  office,  including  classified  tables  of 
deatlis,  births  and  marriages  during  the  previous  year,  to- 
gether with  such  recommendations  as  he  may  deem  proper. 

The  Board  of  Health  shall  transmit  this  report  to  the 
City  Council,  together  with  such  other  reports  or  recommenda- 
tions as  it  may  consider  necessary,  or  that  may  hereafter  be 
provided  for. 


Office  hours.  The  office  hours  of  the  said  City  Registrar  shall  be  from  9 

o'clock  A.  M.,  till  12  o'clock  noon,  and  from  2  to  5  o'clock, 
P.  M.,  daily,  Sunday  excepted. 


Duty  of 
clergy,  etc.. 
solemnizing 
marriage. 


Duty  of 
physicians 
and  mid- 
wives  to 
register. 


Removal. 


Exceptions. 


Report  of 
births. 


Sec.  2.  It  shall  be  the  duty  of  clergymen  of  all  de- 
nominations, also  every  magistrate,  and  of  ^  other  persons  by 
or  before  whom  any  marriage  may  hereafter  be  solemnized  or 
contracted,  and  of  every  practicing  physician  and  of  every 
practitioner  of  midwifery,  on  or  before  the  first  day  of  Sep- 
tember next  ensuing,  to  report  his,  her  or  their  names  and 
places  of  residence  to  the  City  Registrar,  and  it  shall  be  the 
duty  of  said  Registrar  to  have  the  same  properly  registered  in 
index  form  in  suitable  books,  in  the  event  of  any  of  the  per- 
sons above  specified  removing  to  any  other  place  of  residence, 
it  shall  be  their  duty  to  notify  the  City  Registrar  of  the  fact 
within  thirty  days  after  such  removal,  except  when  the  per- 
sons removing  shall  cease  to  act  in  such  official  capacitv^  as 
makes  them  subject  to  the  provisions  of  this  ordinance. 

Sec.  3.  It  shall  be  the  dut}^  of  the  physician,  parents  of 
the  child,  midwife,  or  one  of  them,  within  ten  clays  after  the 
birth  of  any  child  to  file  notice  thereof  with  said  Registrar, 
such  notice  to  contain  a  full,  truthful  and  complete  statement 
of  all  such  facts  as  may  be  required  by  the  Registrar,  and  to 
be  filled  out  and  written  in  and  upon  such  blank  or  blanks  as 
mav  be  furnished  bv  the  Registrar. 


ORDINANCES.  795 

Sec.  4.  It  shall  be  the  duty  of  every  physician  who  has  f^^^^^  ^^ 
attended  any  person,  deceased,  during  last  illness,  or  in  case 
there  shall  have  been  no  attending  physician,  then  it  shall  be 
the  duty  of  the  householder,  in  whose  family  any  death  occurs, 
and  in  case  of  any  inquest  being  had,  it  shall  be  the  duty  of 
the  Coroner  holding  such  inquest  to  make  return  to  said  Reg- 
istrar of  the  facts  of  such  death.  Such  return  to  be  in  writing, 
and  to  contain  a  full,  truthful  and  complete  statement  of  all 
such  facts  as  may  be  required  by  the  Registrar,  and  to  be  filled 
out  and  written  in  such  blank  or  blanks  as  may  be  furnished 
by  the  Registrar.  Upon  the  return  of  such  certificate  the  said 
Registrar  shall  issue  a  permit,  signed  by  him,  authorizing  the  p  "/iJ^\s. 
removal  for  burial  of  the  body  of  the  person  deceased;  and  no 
keeper  of  any  hearse,  hackney  coaches,  or  other  person,  shall 
receive,  carry  or  convey  said  body  from  any  premises,  and  no 
undertaker  or  other  person  shall  remove,  or  assist  in  the  carry- 
ing or  conveying  of  said  body  from  any  premises,  and  no  Sex- 
ton, undertaker  or  other  person,  shall  bury  or  assist  in  the 
burial  of  any  body  except  upon  production  to  him  or  them  of 
such  certificate,  duly  issued  by  the  Registrar.  It  shall  be  the 
duty  of  any  undertaker  or  other  person,  before  they  shall  re- 
move any  dead  body  from  the  city,  to  obtain  a  health  permit  removal  of^ 
from  the  Registrar,  and  to  file  a  notice  containing  a  full,  truth-  ^°^^^^- 
ful  and  complete  statement  of  all  such  facts  as  may  be  re- 
quired by  the  Registrar,  to  be  filled  out  and  written  on  such 
blank  or  blanks  as  may  be  furnished  by  the  Registrar. 

Sec.  5.  It  shall  be  the  duty  of  every  clergyman  and  every  j^eports  of 
magistrate  and  every  other  person,  by,  or  before  any  mar-  marriages, 
riages  may  be  solemnized  or  contracted,  to  make  a  faithful  re- 
turn of  the  same  within  ten  days  thereafter  to  the  City  Reg- 
istrar, in  the  form  of  a  certificate,  which  shall  set  forth,  as  far 
as  the  same  can  be  ascertained,  the  full  name  of  the  husband, 
his  occupation,  the  place  of  his  birth,  his  residence  and  age, 
the  date  of  marriage,  the  full  name  of  wife,  previous  to  said 
mari'iage,  and  her  age,  the  color  of  the  parties,  and  the  place 
where  and  the  name  of  the  clergyman  or  other  person  by 
whom  the  marriage  ceremony  was  performed,  and  the  wit- 
nesses, if  any,  to  such  marriage  ceremonj^ 


796  ORDINANCES. 

books*'^*rnf  ^^^-  ^-     ^^  orcTei*  to  secure  uniformity  and  despatch  in 

o^-  the  registration  herein  provided  for,  the  books  shall  contain 

upon  the  margin  of  each  page,  printed  titles,  with  correspond- 
ing blanks  for  suitable  entries  for  marriages  and  births  in  the 
order,  to  wit:  Marriages,  full  name  of  husband,  occupation, 
residence,  (birthplace,^)  age,  when  married ;  full  name  of  wife 
previous  to  marriage,  residence,  birthplace,  age  when  married, 
time  of  marriage,  color  of  parties,  ceremom"  employed,  name 
of  person  performing  the  marriage,  residence  of  the  last 
named  person,  and  witnesses  to  such  marriage,  date  of  certifi- 
cate, date  of  registration.  Births,  full  name  of  the  child,  sex, 
color,  full  name  of  the  father,  his  occupation ;  full  name  of 
mother,  day,  month  and  year  of  the  birth,  street  and  number 
of  house  where  born,  name  of  physician  or  other  person  sign- 
ing certificate,  his  residence,  date  of  certificate,  date  of  regis- 
tration. 

Penalty  ^i^C  1.  Any  person  neglecting  or  refusing  to  comply  with 

any  of  the  pro\'isions  of  this  ordinance,  and  any  person  violat- 
ing any  of  its  provisions,  shall  be  subject  to  a  fine  of  ten  dol- 
lars for  every  such  violation  or  neglect  or  refusal,  to  be  re- 
covered before  the  [^Municipal  Court,]  in  the  name  of  the  Reg- 
istrar, and  paid  into  the  city  treasury. 

Sec.  8.  The  said  Registrar  shall  be  provided  with  a  seal 
of  ofSce,  and  for  furnishing  a  certified  copy  of  any  record  of 
his  office,  under  hand  and  seal,  he  shall  receive  a  fee  of  fifty 
cents,  to  be  paid  by  the  parties  applying  for  the  same. 

Passed  at  City  Hall,  June  27,  1881. 


AX  ORDIXAXCE  to  provide  for  the  collection  and  removal 
of  garbage. 

Be  it  ordained,  by  The  Council  of  Wilmington. 

Section  1.    That  as  soon  as  practicable  after  the  passage 
of  this  ordinance,  The  Council  («)   of  "Wilmington  shall  by 

1.     So  in  original. 


ORDINANCES.  797 

contract  provide  for  the  collection  and  removal  of  gai'bage  fj^j^o'^^j^y^'^ 
from  the  dwellings,    buildings    and   other   places  within  the  ^^i'^^^*^- 
limits  of  the  Citj^  of  Wilmington,  to  such  place  as  shall  l)e  se- 
lected for  the  garbage  disposal  plant  of  said  cit}'. 
(a)   See  note  "a"  to  Section  3  of  this  ordinance. 

Sec.  2.    Such  contracts  shall  be  for  a  term  ending  on  the 

°  Term  of 

thirtA'-first  day  of  May,  A.  D.  1909.  contract. 

Sec.  3.    The  Council  («)  shall,  during  the  month  of  ^lay, 
A.  D.  1909,  and  during  the  month  of  May  every  third  year  future  con- 
thereafter,  award  contracts  for  the  collection  and  removal  of 
garbage  as  hereinbefore  provided  for,  for  a  term  of  three  years 
beginning  on  the  first  day  of  June  thereafter. 

(fl)  The  ordinance  expressly  says  that  "The  Council"  shall  award 
the  contracts.  The  Mayor  has  nothing  to  do  with  them,  and  when  ' '  The 
Council"  awards  the  contracts,  it  is  the  Mayor's  duty  to  sign  the  same 
and  affix  the  corporate  seal  of  the  city  to  them.  The  Council  awarded 
garbage  contracts.     The  Mayor  refused  to  sign  them. 

Lore,  C.  J.:     "As  the  ordinance  vests  in  the  Council  the  exclusive 

right  to  determine  any  alleged  failure  of  performance 

and  award  these  contracts,  and  the  function  of  the  Mayor  in  signing  and 

affixing  the  seal  of  the  city  is  merely  ministerial,  we  think  that  he  ought 

to  do  it." 

McCormick  vs.  Fisher,  5  Penn.  273  at  276.   (yr.  1903) 

Sec.  4.    Contracts  awarded  under  this  ordinance  shall  be  ^    , 

Contract  to 

let  to  the  lowest  and  best  bidder  or  bidders  after  advertise-  lowest  and 

best  bidder. 

ments  inserted  two  times  each  week  for  at  least  two  weeks  in 
each  of  two  daily  newspapers  published  in  the  City  of  Wil- 
mington and  the  last  advertisement  shall  not  be  less  than  five 
days  before  the  last  day  on  which  bids  will  be  received.  The 
Council  shall  also  have  authority  to  advertise  for  bids  in  such 
other  newspapers,  journals  or  periodicals  as  it  may  by  resolu- 
tion direct. 

Sec.  5.  The  word  "garbage"  shall  include  all  kitchen  Garbage 
and  table  waste  of  an  animal  or  vegetable  nature,  swill,  offal, 
vegetables,  fruits,  meats,  fish,  bones,  fat,  carrion,  market 
refuse,  cats  and  dogs,  all  putrescible  matter,  both  solid  and 
liquid,  animal  and  vegetables,  which  may  result  from  the 
preparation  of  meat,  fish,  fowl  and  vegetables  of  any  charac- 


ORDINx\.NCES. 


ter,  or  which  may  be  caused  by  the  decay  of  foodstuffs  or  by 
handling,  storing  or  dealing  in  the  same. 


Garbage  to 
be  removed 
by  contrac- 
tors. 


Garbage  to 
be  taken  to 
disposal 
plant  only. 


Penalty. 


Sec.  6.  All  garbage  that  may  accumulate  in  any  public 
place,  or  which  shall  be  placed  in  receptacles  at  a  convenient 
and  accessible  place,  shall  be  collected  and  removed  by  the 
contractors  to  the  disposal  plant,  and  any  contractor,  or  the 
officer,  agent  or  employees  of  such  contractor,  or  any  other 
person,  who  shall  transport  any  garbage  to  any  place  other 
than  the  disposal  plant  or  who  shall  sell  or  otherwise  dispose 
of  such  garbage,  shall,  upon  conviction  in  the  Municipal  Court 
of  the  City  of  Wilmington,  forfeit  and  pay  a  fine  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each  and  every 
such  violation  of  this  section. 


Mixing  ashes  Sec.  7.     Any  person  who  shall  wilfully  place  any  ashes, 

^ohibfted."  rubbisli,  waste  paper,  or  other  substance  not  above  described 
or  defined  as  garbage,  in  any  receptacle  with  garbage  that  is 
to  be  collected  by  the  contractor,  shall,  upon  conviction  in  the 
Municipal  Court  of  the  City  of  Wilmington,  forfeit  and  pay 
a  fine  of  one  dollar  for  each  and  everj'  offence. 


City  divided 
into  four 
collection 
districts. 


Sec.  8.     The  collection  districts  of  the  City  of  Wilming- 
ton shall  be  four  in  number  divided  as  follows : 

The  First  District  shall  include  all  that  part  of  the  city 
east  of  jNIarket  street  and  soiith  of  Sixth  street. 

The  Second  District  shall  include  all  that  part  of  the  city 
east  of  Market  street  and  north  of  Sixth  street. 

The  Third  District  shall  include  all  that  part  of  the  city 
west  of  Market  street  and  south  of  Sixth  street. 

The  Fourth  District  shall  include  all  that  part  of  the  city 
west  of  jNIarket  street  and  north  of  Sixth  street. 


Time  of  col- 
lection of 
garbage. 


Sec.  9.  From  June  first  to  October  fifteenth  in  each  year, 
all  garbage  shall  be  collected  at  least  three  times  each  week, 
and  from  October  fifteenth  to  June  first,  collections  shall  be 


ORDINANCES.  799 

made  at  least  two  times  each  week.  When  collections  are  made 
but  thi*ee  times  each  week,  such  collections  must  be  on  alter- 
nate week  days,  and  when  collections  are  made  but  two  times 
each  week,  noteless  than  two  full  days  must  intervene  between 
such  collections.     Whenever  any  contractor  under  the  provi- 
sions of  this  ordinance  shall  neglect  or  refuse  to  collect  th^  Pj^^^^jJJ^" ^®^j. 
garbage  in  his  district  according  to  the  requirements  of  this  Boardof*'^^' 
section  within  six  hours  after  being  notified  so  to  do  by  the  ^®fect^  ^^^^^ 
Board  of  Health  of  the  City  of  Wilmington,  said  Board  of 
Health  shall  cause  such  garbage  to  be  collected  and  removed 
to  the  disposal  plant,  and  the  Secretary  of  said  Board  shall 
certify  to  the  Council,  on  the  first  meeeting  night  in  each 
month   the  number  of   collections   made   b}^  said  Board   of 
Health   from   each    district    during   the   preceding    calendar 
month,  and  the  Council  shall  deduct  from  any  monej's  due  the  mak'e^dedifc- 
respective  contractors,  the  sum  of  fifty  cents  for  each  collec-  amount°due 
tion  so  made  b}'  the  Board  of  Health  in  each  district.  contractors. 

Sec.  10.     The  contractor  shall  not  be  required  to  remove        .  . 

Limit  in 

a  greater  quantitv  of  garbage  than  one  barrel  each  regular  amount  of 

.  "  garbage. 

collection  day  from  any  one  dwelling  or  building  except  from  from  each 

•^  "^  *  /.  building. 

restaurants,  apartment  houses  and  hotels,  but  the  occupant  of 
such  dwelling  or  Ijuildiug,  except  where  such  building  be  a 
restaurant,  apartment  house  or  hotel,  shall  be  required  to  have 
all  garbage  in  excess  of  such  amount  transported  to  the  dis- 
posal plant,  and  upon  failure  to  have  such  excess  garbage  Failure  to 
transported  as  above  provided  for  within  forty-eight  hours  surplus, 
after  the  same  shall  have  accumulated,  such  occupant  shall, 
upon  conviction  in  the  Municipal  Court  of  the  City  of  AVil- 
mington,  forfeit  and  pav  a  fine  of  one  dollar  for  each  and  „ 

°        '  ^    '  Penalty. 

everj^-  offence. 

Sec.  11.    All  garbage  shall  be  collected  in  carts  with  close  Metal  carts, 
covers  and  the  bodies  of  such  carts  must  be  water-tight  and  of 
solid  metallic  construction.     Each  of  said  carts  shall  have 
placed  thereon  in  letters  and  fignires  at  least  six  inches  high, 
painted  on  each  side  thereof,  the  words  "City  Garbage  Cart"  bage^cart" 
with  the  number  of  the  district  and  cart,  and  upon  failure  of  °"'  ^^^^  ^^^^' 
the  contractor  to  comply  with  any  of  the  provisions  of  this  sec- 
tion, he  shall,  upon  conviction,  forfeit  and  pay  a  fine  of  five  pp^j^j^y 


800 


ORDINANCES. 


dollars,  and  an  additional  fine  of  two  dollars  for  each  day  such 
violation  shall  continue. 


Ordinance. 
April  1.  1909, 


Carts  must 
be  kept 
closed. 


Contractors 
bonds. 


Certified 
check  with 
bids. 


^[Any  officer,  agent  or  employee  of  such,  contractor,  or 
any  other  person,  who  shall  collect  such  garbage,  shall  at  all 
•times  while  engaged  in  the  collection  thereof,  (and  except 
w^hen  in  the  act  of  emptying  garbage  into  the  garbage  carts) 
keep  the  lid  or  lids  of  such  carts  closed,  and  upon  failure  so  to 
do,  the  person  so  offending  shall,  upon  convictfon  in  the  Mu- 
nicipal Court  of  the  City  of  Wilmington,  forfeit  and  pay  a 
fine  of  not  less  than  one  dollar  or  more  than  five  dollars  for 
each  and  every  offence.] 

Sec.  12.  The  person,  firm  or  corporation  to  whom  con- 
tracts shall  be  awarded  under  the  provisions  of  this  ordinance 
shall  be  required  to  enter  into  bond  with  surety  to  be  approved 
by  the  ]Mayor  and  President  of  Council  in  the  sum  of  two 
thousand  dollars,  said  bond  to  be  conditioned  for  the  faithful 
performance  of  the  contract. 

Sec.  13.  All  proposals  for  the  performance  of  the  work 
required  under  this  ordinance  shall  be  accompanied  by  a  cer- 
tified check  on  a  bank  or  trust  company  doing  business  in  the 
City  of  Wilmington  for  the  sum  of  two  hundred  dollars  for 
each  and  every  district  as  a  guarantee  for  the  proper  execu- 
tion of  the  contract. 


Each  em- 
ployee must 
wear  badge. 


Penalty. 


Sec.  14.  Each  employee  of  the  contractor  while  engaged 
in  collecting  garbage  shall  be  designated  by  a  number  plate 
which  shall  be  plainly  displayed  bj-  said  employee,  and  if  such 
employee  shall  violate  the  provisions  of  this  section  Avhile  en- 
gaged in  the  collections  of  garbage,  he  shall,  upon  conviction, 
forfeit  and  pay  a  fine  of  one  dollar  for  each  and  every  offence. 


^    ^     ^  Sec.  15.    Contractors  awarded  contracts  under  the  provi- 

Contractors  _  -^ 

when  paid,     gious  of  this  Ordinance  shall  be  paid  for  such  w'ork  on  or  be- 


1.  This  amendment  does  not  appear  in  the  ordinance  book  of  Council 
as  having  either  been  passed  by  the  Council  or  approved  by  the  Mayor, 
but  the  minutes  of  the  Council  on  April  1,  1906,  show  that  it  was  passed 
on  that  date. 


ORDINANCES.  801 

fore  the  second  meeting  night  of  the  Council  in  each  month 
for  the  preceding  calendar  month. 

Sec.  16.    It  shall  be  the  duty  of  the  Board  of  Health  to  g^i^^^of 
enforce  the  provision  of  this  ordinance  in  the  manner  herein  Health, 
provided. 

Sec.  17.    All  ordinances  or  parts  of  ordinances  inconsist- 
ent herewith  are  hereby  repealed.^ 
Approved  April  26,  1906. 


AN  ORDINANCE  to  provide  for  the  sanitary  disposal  of 
gar})  age} 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.    That  as  soon  as  practicable  after  the  passage  contract  for 

^  •         sanitary 

of  this  ordinance  The  Council  («)  of  Wilmington  shall  by  con-  disposal  of 
tract  provide  for  the  sanitary  disposal  of  all  garbage  collected 
within  the  limits  of  the  City  of  Wilmington,  such  contract  or 
contracts  to  be  for  a  term  ending  on  the  thirty-first  day  of    . 
May,  A.  D.  1915. 

(a)   See  Sec.  3,  "a,"  p.  797  of  this  volume. 

Sec.  2.    The  Council  («)  shall  during  the  month  of  May,  when 
A.  D.  1915,  and  during  the  month  of  May  every  ninth  year 
thereafter,  award  contracts  for  the  sanitary  disposal  of  gar- 
bage for  a  term  of  nine  years  beginning  on  the  first  day  of 
June  thereafter. 

[a]   See  note  "a"  to  Sec.  1  of  this  ordinance. 

Sec.  3.  Contracts  awarded  under  this  ordinance  shall  be  Advertising 
let  after  advertisements  inserted  two  times  each  week  for  at 
least  two  weeks  in  each  of  two  daily  newspapers  published 
in  the  City  of  Wilmington  and  the  last  advertisement  shall 
not  be  less  than  five  days  before  the  last  day  on  which  bids 
will  be  received.    The  Council  shall  also  have  authority  to  ad- 

1.  The  awarding  of  contracts  for  the  collection  and  disposal  of  gar- 
bage is  now  made  by  the  Board  of  Health,  and  the  said  Board  has  full 
control  and  management  of  the  city  crematory. 

This  ordinance,  and  the  two  following,  are  retained  because  the  Act 
of  the  Legislature  referring  to  the  matter,  prescribes  that  the  contracts 
shall  be  awarded.  &c.,  "in  the  manner  now  prescribed  by  ordinance" 
See  pp.  138-139  of  the  Charter,  and  the  Act  of  March  25,  1907,  24  D.  L. 
p.  347. 


802 


ORDINANCES. 


Bids  must 

describe 

methods. 


Discretion 
in  Council. 


vertise  for  bids  in  such  other  newspapers,  journals  or  periodi- 
cals as  it  may  by  resolution  direct. 

Sec.  4.  Each  bid  must  be  accompanied  by  a  complete  de- 
scription of  the  method,  scheme  or  sj^stem  of  disposition  or 
utilization  to  be  pursued,  such  description  to  be  accompanied 
by  complete  plans  and  specifications,  and  such  plans  and 
specifications  shall  set  forth  the  methods  to  be  used,  the  re- 
sults to  be  accomplished  and  the  location  of  the  disposal  plant. 

Sec.  5.  The  Council  («)  shall  have  the  right  to  award  the 
contract  under  that  proposal,  the  acceptance  of  which  will,  in 
the  judgment  of  The  Council,  best  secure  the  efficient  per- 
formance of  the  work ;  and  shall  also  have  the  right  to  reject 
any  and  all  bids. 

(o)  See  note  "a"  to  See.  1  of  this  ordinance. 

Contractor  Sec.  6.     The  Council  shall  have  the  right  to  permit  the 

crematoiT.  ^  Contractor  to  use  the  City  Crematory  and  may  authorize  the 
same  to  be  altered  in  such  manner  as  shall  be  necessary  to  con- 
vert the  same  into  a  disposal  plant. 

Council  may  Sec.  7.    Provisions  may  be  made  in  the  contract  and  spe- 

disposai  cifications  by  which  the  Council  will  have  authority  to  pur- 
chase the  disposal  plant  at  the  termination  of  the  contract. 


Certificate 
of  surety 
company 
must  accom- 
pany bids. 


Definition  of 

"garbage 

disposal." 


Sec.  8.  Each  bid  or  estimate  shall  be  signed  by  the  bidder 
and  shall  be  accompanied  by  a  certificate  of  a  surety  company 
authorized  by  law  to  act  as  surety  in  the  State  of  Delaware, 
signifying  the  consent  of  said  surety  company  to  act  as  surety 
for  said  bidder  for  the  faithful  performance  of  the  contract. 
The  qualifications  of  such  surety  company  and  the  amount  of 
bond  required  shall  be  determined  by  Council. 

Sec.  9.  By  "garbage  disposal"  it  is  intonded  to  provide 
for  all  kitchen  and  table  waste  of  an  animal  or  vegetable  na- 
ture, swill,  offal,  vegetables,  fruits,  meats,  fish,  bones,  fat,  car- 
rion, market  refuse,  dead  animals,  such  as  cats  and  dogs,  all 
putrescible  matter  both  solid  and  liquid,  animal  and  vegetable, 
which  may  result  from  the  preparation  of  meat,  fish,  fowl  and 
vegetables  of  any  character,  or  which  may  be  caused  by  the 
decay  of  foodstuffs,  or  by  handling,  storing  or  dealing  in  the 


ORDINANCES.  803 

same,  as  clear  of  all  ashes  or  rubbish  as  it  is  possible  to  keep 
the  same. 

Sec.  10.     Each  bidder  shall  present,  separately  with  his  Certified 

1-1  -r-TTi  -,        ^  T.         I-     Check  to  ac- 

bid,  a  certmed  check  on  a  bank  or  trust  company  doing  busi-  company 
ness  in  the  City  of  Wilmington  for  the  sum  of  five  hundred 
dollars  as  a  guarantee  for  the  proper  execution  of  the  contract. 

Sec.  11.  It  shall  be  the  duty  of  the  Board  of  Health  to  Duty  of 
enforce  the  provisions  of  this  ordinance  in  the  manner  herein  Hea\th° 
provided. 

Sec.  12.  The  Council  shall  have  power  to  make  any  other 
provisions  in  the  contract  not  inconsistent  with  the  charter 
and  ordinances  of  the  City  of  Wilmington. 

Approved  April  26,  1906. 


AN  ORDINANCE  to  amend  an  ordinance,  entitled  "An  Ordi- 
nance in  Relation  to  the  City  Crematory."^ 

Strike  out  all  after  the  enacting  clause  in  said  ordinance 

...  p     T       f.   11        "  Amendment. 

and  insert  in  lieu  thereof  the  following : 

Be  it  ordained,  by  the  Council  of  AVilmington. 

Section  1.    That  when  accepted  by  the  Council,  the  Cre- 
matory near  the  intersection  of  West  Liberty  street  and  Madi- 
son street  extended,  shall  be  known  as  the  City  Crematory, 
and  shall  be  under  the  management  and  supervision  of  the  i^-j^^er  man- 
Council  of  the  City  of  Wilmington.  Council.'  "^ 

Sec.  2.     The  Council  at  its-  first  stated  meeting  in  the 
month  of  May,  1898,  and  bienniallv  thereafter,  shall  elect  a  To  elect 

.  '  ~  .  superinten- 

Superintendent  of  the  Crematory  and  three  assistants,  one  of  dent  and  as- 

sis  tflj  Tits 

whom  shall  act  as  watchman.    The  Superintendent  shall  have 
general  supervision  of  the  cremation  and  burning  of  the  offal 

*  ^  „  .  To  keep  ac- 

and  garbage,  he  shall  keep  an  accurate  account  of  the  weight  count  of 

.        .  ...  weig-ht  of 

of  each  load  of  garbage  and  the  district  from  ^vhich  it  is  gath-  garbage, 
ered,  and  report  the  same  to  the  Council  and  the  Board  of  Report. 


1.     See  Vol.  20,  p.  677,  Act  May  6,  1897. 


804 


ORDINANCES. 


Health  on  the  first  stated  meeting  in  each  month,  and  he  and 
his  assistants  shall  perform  such  other  duties  as  the  Council 
may  direct. 

Sec.  3.     The  Superintendent  of  the  Crematory  shall  re- 
saiary.  ceive  as  his  salary  seven  hundred  and  twenty  dollars  per  an- 

num; the  three  assistants  shall  receive  six  hundred  dollars 
each,  per  annum.  Said  salaries  to  be  paid  in  the  same  manner 
as  other  salaries  are  now  paid. 

Sec.  4.  The  said  Superintendent  and  assistants  shall  be 
under  and  subject  to  such  rules  and  regulations  asi  the  Council 
may  hereafter  adopt  for  the  management  of  the  City  Crema- 
tory. 


Unlawful  to 
place  waste 
on  streets. 


Committee 
to  advertise 
for  coal. 


To  dispose 
of  ashes. 


Sec.  5.  After  the  passage  of  this  ordinance  it  shall  be  un- 
lawful to  place  upon  any  street,  lane,  alley  or  vacant  lot  with- 
in the  city  limits  any  waste  from  market  houses,  commission 
merchants,  grocery  stores,  fruit  stands  or  other  places,  but 
the  same  shall  be  removed  to  the  City  Cremator}-  and  there 
destroyed  as  the  city  garbage. 

Sec.  6.  As  soon  as  the  City  Cremator j'  shall  have  been 
accepted  by  the  Council,  and  annually  in  the  month  of  July 
thereafter,  the  Crematory  Committee  of  Council  shall  adver- 
tise in  two  newspapers  for  proposals  to  furnish  coal  in  such 
quantities  as  may  be  required,  and  the  said  Council  shall 
award  the  contract  in  the  name  of  the  Mayor  and  Council  of 
Wilmington  to  the  lowest  and  best  bidder. 

Sec.  7.  The  Council  shall  dispose  of  the  ashes  to  the  best 
advantage,  and  any  money  arising  from  such  sale  shall  be  de- 
posited with  the  City  Treasurer. 


Sec.  8.     All  persons  offending  against  the  provisions  of 

this  ordinance,  shall,  upon  conviction  before  the  Municipal 

Court,  forfeit  a  fine  of  not  less  than  five  dollars  nor  more  than 

Penalty.         twcnty-five  dollars  to  be  paid  in  the  city  treasury  the  same  as 

other  fines  are  now  paid. 


ORDINANCES.  805 

Sec.  9.    All  ordinances  or  parts  of  ordinances  conflicting 
"vvith  this  ordinance  be  and  are  hereby  repealed.^ 

Passed  at  the  City  Hall  Jnne  24,  1897. 


Depth  of 


AN   ORDINANCE   concerning   the   burial   of   dead  persons 
within  the  City  of  Wilmington. 

Section  1.  If  any  person  or  persons  shall  hereafter  bury 
or  cause  to  be  buried,  any  person  within  the  limits  of  this  city 
of  and  under  six  years  of  age,  at  a  less  depth  than  four  feet, 
over  sis  and  not  exceeding  twelve  years,  at  a  less  depth  than  slaves 
five  feet,  and  over  twelve  years  at  a  less  depth  than  six  feet,  city  limits. 
he,  she  or  they  so  offending  shall  be  guilty  of  a  common  nui- 
sance, and  upon  con\dction  thereof  before  the  [Mimicipal 
Court]  shall  each  forfeit  and  pay  a  fine  of  not  less  than  two 
dollars  and  not  exceeding  ten  dollars,  and  shall  suffer  impris- 
onment until  the  fine  and  costs  are  paid. 

Passed  at  City  Hall,  February  17,  1845. 


AN  ORDINANCE  to  provide  for  the  inspection  of  meats. 

Section  1.    It  shall  be  unlawful  to  sell,  expose  or  offer  for  Saie  of  un- 

'        ^  sound  meat, 

sale  in  the  City  of  Wilmington   for   food    any   cattle,  sheep,  etc..  uniaw- 

swine  or  other  animal,  fish  or  fowl,  or  the  flesh  thereof,  which 

by  reason  of  any  injury,  defect,  disease,  taint,  adulteration  or 

other  cause  is  unfit  or  unwholesome  for  food  or  dangerous  to 

the  public  health,  and  the  exposure  of  the  same  at  any  market 

place,  store,  stall  or  place  where  articles  for  food  are  sold. 

shall  be  prima  facie  evidence  of  the  violation  of  the  provisions 

of  this  ordinance.    Veal  less  than  four  weeks  old  when  killed  '^'^^'• 

shall  be  deemed  unwholesome,  and  the  sale  or  oft'ering  for  sale 

of  the  same  shall  be  unlawful. 

Sec.  2.    No  person  shall  sell  or  offer  for  sale  anv  unwhole-  unwiioie- 

.  '  some  meat. 

some  meat  or  the  flesh  of  any  dead  annual  which  was  sick,  or 


1.     See   ordinance  approved  April  26,   1906.    entitled   "An   ordinance  to 
provide  for  the  Sanitary  Disposal  of  Garbage."  p.  801  this  volume. 


806 


ORDINANCES. 


which  died  a  natural  death,  or  was  killed  by  accident;  nor 
shall  any  person  sell,  expose  or  offer  for  sale  any  putrid, 
blown  or  unsound  meat. 


Unlawful  to 
bring  in  or 
sell  diseased 
meat. 


Evidence. 


Condemned 
meat. 


Pregnant 
animals. 


Violators 
how  pun- 
ished. 


Fine. 


Disposal  of 
condemned 
meat. 


Sec.  3.  No  person  shall  bring  into  this  citj',  or  sell,  or  of- 
fer for  sale,  any  cattle,  sheep,  hog  or  lamb,  nor  any  meat,  fish, 
game  or  poultry  that  is  diseased,  unsound,  unwholesome,  or 
that  for  any  reason  is  adjudged  to  be  unfit  for  human  food. 
The  fact  of  any  cattle,  sheep,  hog  or  lamb  being  in  any  stock 
yard  for  slaughter  shall  be  sufficient  evidence  that  the  same  is 
being  exposed  there  for  sale;  and  the  fact  that  the  carcass  of 
any  cattle,  hog,  sheep  or  lamb,  or  any  part  thereof,  is  found  in 
any  slaughter  house  or  any  public  or  private  market  place, 
dressed  and  prepared  as  such  meats  usually  are  for  market, 
shall  be  deemed  sufficient  evidence  that  the  same  is  on  sale; 
and  no  animal,  or  any  part  thereof,  or  any  fish,  game  or  poul- 
try that  has  been  examined  and  condemned  by  the  inspector 
shall  be  held,  sold  or  offered  for  sale  for  human  food  in  any 
market  or  place  in  this  city,  and  the  same  when  condemned 
shall  be  sprinkled  with  coal  oil  b}'  the  inspector. 

Sec.  4.  No  person  shall  kill  any  cow,  sheep  or  hog  that  is 
pregnant ;  nor  shall  any  animal  be  slaughtered  while  it  is  in  an 
overheated  or  feverish  condition;  and  the  meat  of  any  such 
animal  shall  not  be  held,  sold  or  offered  for  sale  for  human 
food  in  any  market  or  elsewhere  in  this  city. 

Sec.  5.  If  any  person  shall  violate  any  of  the  provisions 
of  the  preceding  sections  of  this  ordinance,  upon  conviction 
thereof  before  the  Municipal  Court  for  the  City  of  Wilming- 
ton he  shall  forfeit  and  pay  a  fine  of  not  less  than  twenty  dol- 
lars nor  more  than  one  hundred  dollars  for  every^  such  offence ; 
and  such  property  so  unlawfully  sold,  or  exposed  for  sale, 
shall  be  forfeited  to  the  City  of  Wilmington,  and  shall  be 
seized,  buried,  destroyed  or  otherwise  disposed  of  by  the  In- 
spector of  Meats,  the  expense  thereof  to  be  made  a  part  of  the 
costs,  and  paid  by  the  persons  so  oft'ending  in  addition  to  any 
fine  that  may  be  imposed  by  said  Court. 


ORDINANCES.  807 

Sec.  6.    It  shall  be  the  duty  of  the  Inspector  of  Meats  to  ^M^Pfs''\o''e°f. 
strictly  enforce  all  the  provisions  of  this  ordinance ;  to  make  fo'^e  ordi- 

^  '  nance. 

complaint  against  all  offenders  before  the  Judge  of  the  INIu- 
nicipal  Court ;  to  seize  all  meats  or  other  articles  sold,  exposed 
or  offered  for  sale  contrary  to  this  ordinance,  and  to  dispose 
of  the  same  in  accordance  with  the  provisions  of  this  ordi- 
nance. 

Sec.  7.    He  shall  from  time  to  time,  and  as  often  as  mav  inspection 

"^    of  animals. 

be  necessary,  inspect  and  examine  any  animal,  carcass,  meat, 
poultry,  game,  flesh  or  fowl  exposed  for  sale  or  deposited  for 
the  purposes  of  sale  in  the  City  of  Wilmington  to  the  end  that 
he  may  be  advised  whether  any  such  articles  are  diseased, 
or  unsound,  or  unwholesome,  or  unfit  for  the  food  of  man ;  and 
i'f  he  finds  that  any  such  animal  or  article  is  diseased,  un- 
sound, or  unwholesome,  or  unfit  for  the  food  of  man,  he  shall 
take  such  proceedings  as  are  requisite  and  necessary  for  caus- 
ing the  same  to  be  seized,  taken  and  carried  away  in  order  to 
be  dealt  with  according  to  the  laws  and  ordinances  applicable 
to  the  same. 

Sec.  8.    In  matters  not  specifically  provided  for  in  these  supervision 

T  T         1     11      1  1  1       •  •  ^1      by  Board  of 

ordinances  he  shall  observe  and  execute  the  instructions  oi  the  Health. 
Board  of  Health,  and  the  rules  and  regulations  of  the  said 
Board  of  Health  which  from  time  to  time  shall  be  made  ap- 
plicable to  his  oiSce.  He  shall  make  monthlj^  reports  of  his 
transactions  in  writing  to  the  Secretarj^  of  the  Board  of 
Health.  He  shall  make  an  annual  report  to  the  Board  of 
Health  on  the  first  Tuesday  in  January  of  each  year,  together 
with  such  suggestions  and  recommendations  as  he  may  deem 
proper. 

Sec.  9.    It  shall  be  the  duty  of  the  police,  under  the  direc-  foUce  to  aid 

•^  '  Inspector. 

tion  of  the  Chief  of  Police,  to  aid  the  Inspector  of  ]Meats  in 
the  enforcement  of  this  ordinance.  It  shall  be  the  duty  of  the 
Inspector  of  IMeats  to  enter  in  and  upon  the  premises  of  all 
persons,  and  into  any  and  all  markets  and  places  where  meat, 
fish  or  fowl  are  exposed  or  sold  for  food,  and  into  any  and  all  inspection 

^  '  •^  of  markets 

slaughter  houses  where  any  cattle,  sheep,  swine  or  other  ani-  and  siaugh- 

°  _  "^  )  1  1  jgj.  houses. 

mals  are  butchered,  killed,  dressed  and  prepared  for  sale  or 


808  ORDINANCES. 

market,  and  make  examination  and  inspection  of  such  articles. 
Resisting  j^^^]^  j^^y  person  wlio  sliall  impede,  interrnpt  or  resist  that  offi- 
cer in  the  performance  of  his  duties  shall  upon  conviction 
thereof  before  the  Judge  of  the  Municipal  Court  be  adjudged 
to  pay  a  fine  of  not  less  than  ten  dollars  and  not  exceeding 
thirt}'  dollars. 

Sec.  10.  ALL  ordinances  and  parts  of  ordinances  incon- 
•  sistent  with  this  ordinance,  particularly  the  ordinance  entitled 
''An  ordinance  for  the  inspection  of  meats,"  passed  April  6th 
1876,  and  the  thirteenth  section  of  an  ordinance  entitled  "An 
ordinance  establishing  and  regulating  the  public  markets  of 
the  City  of  Wilmington,"  passed  January  5th,  1883,  are  here- 
by repealed. 

Passed  at  City  Hall,  June  22,  1893.     " 


AN  ORDINANCE  to  prevent  the  sale  of  premature  or  dis- 
eased fruit  in  the  City  of  Wilmington. 

Unlawful  to  SECTION  1.     That  it  shall  be  unlawful  for  any  person  or 

ture^or  d^^-    pei'sons  to  Sell,  offer  or  expose  for  sale,  in  any  market,  store 
eased  fruit,     qj,  street  in  the  City  of  Wilmington  any  premature  or  dis- 
eased fruit. 

Penalty  for  Sec.  2.     That  any  person  or  persons  so  offending  shall 

violations.  ..  it,  r       ••!/-<  c     i       /~i- ±^        n 

upon  con\action  thereoi  m  the  Municipal  Court  oi  the  City  oi 
Wilmington  be  fined  not  less  than  ten  dollars  or  more  than 
twenty  dollars,  and  all  such  premature  or  diseased  fruit  shall 
be  confiscated  and  destroyed. 

Enforcement  Sec.  3.    That  it  shall  be  the  duty  of  the  Clerk  of  the  Mar- 

ket and  the  Executive  Officers  of  the  Board  of  Health  to 
strictly  enforce  this  ordinance. 

Passed  at  City  Hall,  August  31,  1893. 


ORDINANCES.  809 

AX  ORDIXAXCE  to  provide  againsi  the  adulteration  of  Milk 
and  Cream,  and  to  provide  for  the  inspection  thereof. 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.     That  the  Council  shall  on  the  first  stated  Election  of 

Milk  Inspec- 

meetmg-  m  Maj',  A.  D.  1895,  and  on  the  first  stated  meeting  in  tor. 
May  biennially'  thereafter,  elect  a  ^lilk  Inspector,  whose  duty 
it  shall  be  to  inspect  the  milk  and  cream  otferecl  for  sale  in  the 
City  of  "Wilmington,  and  to  perform  such  duties  in  connection  ^  ^. 

_  "         ,  o         7  X     ^  Duties. 

with  said  office  as  may  be  provided  hy  rules  of  the  Health  De- 
partment of  the  city  relating  to  the  sale  of  milk,  and  the 
Board  of  Health  is  hereby  empowered  to  adopt  such  rules  as 
the  health  of  the  city  may  require. 

Sec.  2.    Said  Inspector  shall  record  in  books  kept  for  the  Record 

books 

purpose,  -in  the  office  of  the  Health  Department,  the  names 
and  places. of  business  or  residence  of  all  persons  engaged  in 
the  sale  of  milk  or  cream. 

Sec.  3.  Whosoever,  by  himself,  or  by  his  servant,  or 
agent,  or  as  the  sei'vant  or  agent  of  any  person  or  persons, 
sells,  exchanges  or  delivers,  or  has  in  his  custody  or  posses- 
sion wth  the  intent  to  sell  or  exchange,  or  exposes  or  offers  for 
sale  or  exchange,  milk  without  first  registering  with  the  Clerk  Registration. 
of  City  Council  his,  her  or  their  name  or  names  together  with 
the  location  of  his,  her  or  their  route  or  place  of  business  and 
the  name  of  the  owner  or  owners  of  and  the  location  of  the 
dairy  from  which  he,  she  or  they  obtain  such  milk,  or  without 
obtaining  from  the  said  Clerk  of  Council,  a  permit  to  carry  cierk  9f 
on  such  business,  which  said  permit  shall  be  issued  without 
charge;  {^)  or  without  displaying  such  permit  in  every  store 
or  wagon  from  which  said  milk  is  sold,  shall,  upon  conviction 
before  the  Municipal  Court,  forfeit  and  pay  a  sum  not  less 
than  ten  ($10)  dollars  nor  more  than  fifty  ($50)  dollars.  The  Penalty, 
above  mentioned  permit  shall  be  obtained  within  sixty  days 
from  the  passage  of  this  ordinance  from  the  Clerk  of  Council, 

PGrmits 

and  yearly  thereafter  during  the  month  of  January.    Xo  per-  shaii  be 
mit  as  above  set  forth,  shall  be  granted  unless  the  application " 
therefor  is  accompanied  by  a  statement  of  a  licensed  veterin-  certificate 
arian  certifying  to  the  healthy  condition  of  the  cows,especially  oM-eterinar- 


810  ORDINANCES. 

Avith  reference  to  tuberculosis,  (the  tiiberculine  test  not  being 
required)  and  to  the  sanitary  condition  of  the  bams  of  each 
applicant.  Any  person  who  obtained  a  permit  for  the  sale  of 
milk  through  fraud  or  misrepresentation  of  any  kind;  and 
any  person  who  furnishes  or  sells  milk  from  diseased  cows 
which  he  has  purchased  or  obtained  after  inspection  thereof 
by  a  licensed  veterinarian,  as  mentioned  in  this  ordinance ; 
and  any  person  who  furnishes  or  sells  mills:  from  diseased  cows 
the  disease  having  developed  after  inspection  thereof  by  the 
said  licensed  veterinarian,  shall,  upon  a  hearing  and  convic- 
Penaity.  ^^^^  thereof  before  the  Judge  of  the  Municipal  Court,  forfeit 
said  permit. 

(a)  This  section  states  that  a  permit  to  carry  on  the  business  "shall 
be  issued  without  charge. ' ' 

In  1895  an  ordinance  was  passed  requiring  persons  engaged  in  the 
sale  of  milk  to  pay  a  yearly  license  of  $10,  provided  that  persons  selling 
less  than  20  quarts  a  day  should  not  have  to  pay  any  license.  The  Court 
held  the  ordinance  void. 

Lore,  C.  J.:  "  The  exception  relied  upon  is  that  there  was  no  au- 
thority vested  by  the  Charter  of  "Wilmington,  in  the 
City  Council  to  impose  or  require  a  license  from  persons  engaged  in  the 
sale  of  milk.  (269)  *  *  Then,  there  is  this  further  objection.  Here 
is  a  general  ordinance  for  an  entire  class  of  people,  which  licenses  those 
of  them  who  sell  more  than  twenty  quarts  and  exempts  them  who  sell  less 
than  twenty  Cjuarts.  Section  31  of  the  municipal  Charter  says:  "The 
Council  shall  not  have  power  to  pass  any  ordinance  exempting  any  person 
from  the  operation  of  any  ordinance  or  municipal  regulation."  They  can- 
not discriminate,"  &c. 

Gray  vs.  Wilmington,  2  Marv.  257  at  269  and  270.   (yr.  1896) 

„  ,     ,  Sec.  4.     AYhosoever.  bv  himself,    or   bv   his   servant,  or 

Sale  of  ...  5 

adulterated    ae'cnt.  or  as  the  servant  or  agent  of  anv  person  or  persons, 

milk  pro-  '-  o  .     i  x-  7 

hibited.  sells.  exchanges  or  delivers,  or  has  in  his  custody  or  possession 

with  intent  to  sell  or  exchange,  or  exposes  or  otiers  for  sale  or 
exchange  adulterated  milk  or  cream,  or  milk  or  cream  to  which 
water  or  any  foreign  substance  has  been  added,  or  milk  or 
cream  from  diseased  or  sick  cows,  or  milk  drawn  from  animals 
within  fifteen  days  before  and  five  days  after  calving,  or  milk 
kept  for  sale  or  stored  in  any  room  used  for  sleeping  or  domes- 
tic purposes,  or  kept  in  boxes  or  refrigerators  used  for  storing 
other  food  provisions,  or  milk  the  temperature  of  which,  ex- 
ceeds seventy  (70)  degrees  Fahrenheit,  shall  upon  conviction 
before  the  Municipal  Court  forfeit  and  pay  a  sum  not  less 
than  ten  (10)  dollars  "nor  more  than  fifty  (50)  dollars,  if  it 
shall  be  the  first  offence,  and  if  arrested  and  convicted  before 


ORDINANCES.  811 

said  Court  for  a  subsequent  offence,  a  sum  of  not  less  than 
twent^'-fiYe  (25)  dollars  nor  more  than  one  hundred  (100)  dol- 
lars. 

Sec.  5.     Whosoever,  bv  himself,    or    bv    his    servant  or  Miik  from 

*  .  '  which  cream 

affent,  or  as  the  servant  or  asrent  of  anv  person  or  persons,  has  been 

.   .         .     '  .        separated 

sells,  exchanges  or  delivers,  or  has  m  his  custody  or  possession  not  pure, 
with  intent  to  sell  or  exchange,  or  expose  or  offer  for  sale  as 
pure  milk,  anj'  milk  from  which  the  cream  or  any  part  thereof 
has  been  removed,  shall  be  subject  to  the  penalties  provided  in 
the  preceding  section. 

Sec.  6.     No  milk  dealer  or  other  person  or  persons,  shall  talnlnlski^ 
sell,  deliver,  offer  for  sale  or  expose  for  sale,  any  skimmed  ^e^so"^"^^ 
•milk,  unless  the  vessel,  can  or  package  containing  the  same  ™^^^®'^- 
shall  be  plainly  and  distinctly  marked  designating  the  same, 
in  uncondensed  Gothic  letters  not  less  than  one  inch  in  length. 
For  a  violation  of  this  section,  upon  conviction  before  the  LIu- 
nicipal  Court,  a  fine  of  ten  (10)  dollars  shall  be  imposed. 

Sec.  7.  In  all  prosecutions  under  the  three  preceding  sec-  Prosecu- 
tions, if  the  milk  is  shown  upon  analysis  to  contain  more  than 
eighty-eight  per  cent,  of  watery  fluid,  or  to  contain  less  than 
twelve  per  cent,  solids,  not  less  than  one-fourth  of  which  must 
be  fat,  or  if  the  cream  is  shown  upon  analysis  to  contain  less 
than  fifteen  per  cent,  of  butter  fat,  such  milk  or  cream  shall 
be  deemed,  for  the  purpose  of  such  prosecution  to  be  adulter- 
ated and  not  of  good  standard  quality. 

Sec.  8.     Whosoever,  bv  himself,    or   bv   his    servant,  or  Miik  in  un- 

-  "  '  clean  con- 

agent,  or  as  the  servant  or  agent  of  any  person  sells,  exchanges  tainer. 
or  delivers,  or  has  in  his  custody  or  possession  with  intent  to 
sell  or  exchange  or  offer  for  sale  any  unclean,  impure,  un- 
wholesome or  colored  milk  or  milk  placed  in  containers  which 
are  dirty  or  who  shall  keep  cows  for  the  production  of  milk  in  ^^^.^  j^^ 
a  crowded  or  unhealthy  condition  or  in  a  building  or  shed  "^  unhealthy 

•'  °  quarters. 

which  shall  have  less  than  350  cubic  feet  of  air  space  for  each 
cow,  and  stalls  less  than  three  feet  in  width,  or  which  shall  not 
be  well  lighted,  ventilated,  drained  and  provided  with  good 
and  sufficient  facilities    for    feeding   the    animals  in  cleanly 


812 


ORDINANCES. 


manner,  or  feed  the  same  on  food  that  produces  impure,  dis- 
eased or  unwholesome  milk,  or  shall  feed  cows  on  distillery 
waste,  or  upon  garbage  or  swill,  or  upon  any  substance  of  any 
unwholesome  nature,  shall  be  liable  to  the  penalties  provided 
in  Section  4  of  this  ordinance. 


Milk  wagons 
must  have 
name  of 
owner 
thereon. 


Authority  of 
Millc  In- 
spector. 


Penalty. 


Fines. 


Salary. 


Ordinance, 
June  24,  1905, 
Allowance 
for  horse 
and  car- 
riage. 


Sec.  9.  Every  person  offering  milk  for  sale  from  a  wagon 
shall  have  painted  on  both  sides  of  said  wagon,  in  a  conspicu- 
ous place,  the  name  in  full  of  the  owner  therefor.  For  a  viola- 
tion of  this  section,  upon  conviction  before  the  jNIunicipal 
Court,  a  fine  of  ten  (10)  dollars  shall  be  imposed. 

Sec.  10.  The  ]\lilk  Inspector  shall  have  the  authority  to 
enter  any  place  where  milk  is  sold  or  kept  for  sale,  or  to  stop 
and  enter  any  wagon  from  w^hich  milk  is  sold,  for  the  purpose 
of  inspecting  the  milk,  as  provided  in  this  ordinance.  He  shall 
prosecute  before  the  Municipal  Court  all  offenders  against 
this  ordinance,  and  any  person  who  shall  impede,  interrupt  or 
resist  the  Milk  Inspector  in  the  performance  of  his  duties,  as 
prescribed  by  this  ordinance  shall,  upon  conviction  thereof  in 
the  Municipal  Court,  be  adjudged  to  pay  a  fine  of  not  less  than 
ten  (10)  dollars  and  not  exceeding  twenty-five  (25)  dollars. 
Said  Inspector  shall  report  in  writing,  to  the  City  Council  once 
a  month,  giving  a  detailed  statement  of  his  work. 

Sec.  11.  All  fines  provided  by  tliis  ordinance  shall  be  for 
the  use  of  the  city,  and  shall  be  deposited  ^^^th  the  City  Treas- 
urer the  same  as  other  fines  and  fees  are  now  paid. 

Sec.  12.  The  salary  of  the  ]\Iilk  Inspector  shall  be  one 
thousand  dollars  (1000)  per  annum,  payable  monthly,  in  the 
same  manner  as  other  officers  of  said  city  are  paid. 

[The  said  JMilk  Inspector  shall  receive  annually  the  sum 
of  three  hundred  dollars  for  the  care  and  maintenance  of  a 
horse  and  carriage,  the  same  to  be  paid  in  equal  monthly  por- 
tions of  twentj^-five  dollars  ($25.00)  on  the  first  day  of  each 
month.  The  first  payment  to  be  made  upon  the  first  day  of 
August,  1905.] 


ORDINANCES,  813 

The  Inspector  himself,  at  his  own  expense,  shall  provide 
the  implements  for  inspecting  the  milk. 

Sec.  13.  All  ordinances,  or  parts  of  ordinances,  or 
amendments  hereto,  inconsistent  herewith,  are  hereby  re- 
pealed. 

Approved  November  16,  1904. 


814  ORDINANCES. 


CHAPTER  IX. 

ORDINANCES  RELATING  TO  PUBLIC  MARKETS 

Page  Page 

1.  Regulation   of  Weights   and                 4.     Front    and     Churcli     Street 
Measures    ..' 814  Market    831 

2.  Establishment  and   Regula-                 5.     Limits   of    King    and    Madi- 
tlon   of   Markets 817  son    Streets    Markets 832 

3.  Spaces     in     Farmers     Curb  6.     Establishing  a  Fruit,  Grain 
Market 830  and    Vegetable    Market    on 

Fourth    Street   833 

AN  ORDINANCE  to  regulate  the  iveights  and  measures  used 
in  the 'public  markets  and  market  houses  of  the  City  of 
Wilmington. 

of^wefghts  Section  1.    That  hereafter  there  shall  be  a  Regulator  of 

ures  crated.  Weights  and  Measures  used  in  the  public  markets  within  this 

cit}^,  and  the  standard  adopted  by  the  State  of  Delaware  shall 

be  the  test  by  which  they  shall  be  computed  and  determined/ 

sta^J^rds  of  Sec_  2.    The  City  Council  shall,  at  the  expense  of  the  city 

procure  correct  and  approved  standards,  Math  their  necessary 
sub-divisions,  together  with  the  proper  beams  and  scales,  for 
the  purpose  of  testing  and  proving  the  weights  and  measures 
of  said  standard  used  in  the  public  markets  and  market  houses 

kept"^""^  ■v^dthin  this  city,  and  the  same  shall  be  kept  in  the  custody  of 
the  Clerk  of  the  Market  of  this  city  during  his  term  of  office, 
and  shall  be  used  for  no  other  purpose  than  the  testing  of 
weights  and  measures  provided  by  this  ordinance. 

SSld*''  ^EC.  3.    It  shall  be  the  duty  of  the  Clerk  of  the  IMarket, 

annually.        ^^  least  once  in  every  year,  and  as  often  thereafter  as  he  may 

deem  necessary,   to   examine   and  test   the   accuracy   of   all 


1.     The   State   chemist   is   the   custodian  of  the   standard  weights   and 
measures,  &c.     See  25  D.  L.  p.  116. 


ORDINANCES.  815 

weights  and  measures,  scales  ,  or  other  instruments  or  things 
used  by  any  person  for  weighing  or  measuring  any  article  for 
sale  by  weight  or  measure  in  the  public  markets  and  market 
houses  within  this  city,  and  stamp  the  same  with  a  suitable  bl^s^mped. 
seal  or  stamp,  to  be  provided  by  the  city,  all  weights,  meas- 
ures, scales,  beams  or  other  apparatus  so  used  for  measuring 
or  weighing,  which  he  nia^^  find  to  be  correct ;  to  condemn  all  ^411^3  to 
weights,  measures,  scales,  beams,  or  other  apparatus  for  meas-  limned 
uring  or  weighing  which  he  may  find  incorrect  upon  such  in- 
spection, and  to  cause   the   owner   thereof  to  have  them  cor- 
rected and  made  conformable  to  the  said  standard  in  the  man- 
ner hereinafter  pro^dded.    Any  person  refusing  to  exhibit  anj' 
weights,  measures,  scales,  beams  or  apparatus  for  weighing  or  fg^fusinVto 
measuring  in  the  public  markets  or  market  houses  aforesaid,  ^^^g^ts. 
,to  the  Clerk  of  the  Market  for  the  purpose  of  his  examination 
or  inspection  as  aforesaid,  or  in  any  manner  obstructing  him 
in  the  performance  of  his  duty  under  this  ordinance,  shall  for- 
feit and  pay  a  fine  of  not  less  than  five  dollars  nor  more  than 
ten  dollars. 

[The  Clerk  of  the  Market  shall  take  possession  of  a^d  J^^mance^^^ 
confiscate  all  measures  which  he  may  find  upon  inspection  to  cierk  of 
be  incorrect  and  unlawful  under  the  provisions  of  this  ordi-  confiscate  aii 

-,  incorrect 

nance.  J  measures. 

Sec.  4.    It  shall  be  the  duty  of  the  Clerk  of  the  Market  to  g,"ei?k  of 
examine,  put  in  good  order,    and  seal   or   stamp  all  weights,  Market. 
measures,  beams,  scales  and  other  implements  and  apparatus 
used  for  weighing  and  measuring  within  the  public  markets 
and  market  houses  within  this  city,  at  the  several  places  where 
the  same  are  used,  but  if  they  be  found  not  conformable  to 
the  standard  of  this  State,  they  shall  be  repaired  and  properly 
adjusted  within  ten  da,ys  after  they  have  been  tested  and  con- 
demned; and  such  weights,  measures,  beams,   scales,  imple- 
ments or  other  apparatus,  shall  not  be  used  for  weighing  or  scales  con- 
measuring  until  such  adjustment  to  the  proper  standard,  pro-  to'be^use'd!* 
vided  by  this  ordinance,  shall  have  been  made; -and  any  per- 
son offending  against  the  provisions  of  this  section,  upon  con- 
viction thereof,  shall  forfeit  and  pay  a  fine  of  not  less  than  five  penalty, 
dollars  nor  more  than  ten  dollars. 


816 


ORDINANCES. 


Articles  of 
dry  meas- 
urement 
shall  not  be 
sold  from 
liquid  meas- 
ures. 


Penalty. 


Sec.  5.  It  shall  be  unlawful  for  any  person  to  sell  any 
article  of  dry  measure  in  flaring  wine  or  liquid  measures, 
whether  of  pint,  quart,  half-gallon,  or  gallon,  in  the  public 
markets  or  market  houses  of  this  city.  And  any  person  who 
shall  violate  this  provision  shall,  upon  conviction  thereof,  for- 
feit and  pay  a  fine  of  not  less  than  five  dollars  nor  more  than 
ten  dollars.  And  it  shall  be  the  duty  of  the  Clerk  of  the  Mar- 
ket to  make  complaint  to  the  []\Iunicipal  Court]  of  this  city, 
of  everv  violation  of  this  section  that  comes  within  his  notice. 


The  Clerk  of 
the  Market 
shall  be  Reg- 
ulator of 
Weights  and 
Measures. 


Fees. 


Fees  only  to 
be  charged 
one  time  in 
each  year. 


Sec.  6.  The  Clerk  of  the  Market  shall  be  the  Regulator  of 
Weights  and  Measures,  provided  for  by  this  ordinance,  and  he 
shall  be  allowed  to  receive  the  following  fees  for  services  ren- 
dered by  him  under  this  ordinance,  viz :  For  inspecting  and 
sealing  orstamping  beams,  platform  scales  and  steeh^ards,  the 
sum  of  ten  cents  each;  coimter  and  spring  scales,  ten  cents 
each ;  for  comparing  and  sealing  or  stamping  bushel  measures, 
fifteen  cents  each ;  half -bushel  measures,  fifteen  cents  each ; 
less  denominations,  each  five  cents.  For  comparing  and  seal- 
ing flaring  wine  or  liquid  measures,  each  the  sum  of  five  cents ; 
for  regulating  and  stamping  weights  used  on  scales  for  weigh- 
ing articles  sold  by  the  pound  or  less  quantity,  for  each  weight 
adjusted,  regulated  and  stamped,  the  sum  of  five  cents.  It 
shall  not  be  lawful,  however,  for  the  Clerk  of  the  ^Market  to 
charge  the  above  fees  more  than  once  within  the  period  of  one 
year,  unless,  upon  inspection,  the  said  instruments  and 
weights  for  weighing  or  measuring  be  found  not  conformable 
to  the  standard  of  this  State. 


Sec.  7.  The  Eegulator  of  Weights  and  Measures  used  in 
the  public  markets  and  market  houses  of  the  City  of  Wilming- 
ton, provided  for  in  this  ordinance,  shall  be  appointed  by  the 
Council  Avithin  two  weeks  after  the  passage  of  this  ordinance, 
and  shall  hold  his  office  until  the  present  term  of  the  Clerk  of 
the  Market  shall  expire.  At  all  elections,  hereafter,  for  Clerk 
of  the  ^Market  for  this  city,  the  person  elected  for  the  position 
of  Clerk  of  the  Market,  shall  also  be  the  Regulator  of  Weights 
of  wefghts°^  and  Measures,  provided  for  in  this  ordinance,  during  the  term 
of  said  Clerk  of  the  ]\Iarket  is  elected  by  the  Council  for  to 
serve  in  said  office  of  the  Clerk  of  the  Market. 


The  person 
elected  as 
Clerk  of  the 
Market  shall 


and  Meas 
ures. 


ORDINANCES.  817 

Sec.  8.     The  fees  paid  to  the  Eegailator  of  Weights  and  f^^^^^^^ 
Measures  used  in  the  public  markets  and  market  houses  of  this  ^^^^ill^^^t"*^ 
cit.y,   for  regulating,  sealing  or  stamping  of   beams,   scales, 
steelyards,  measures  and  weights  used  in  weighing  articles 
sold  by  the  pound,  or  by  less  quantity,  shall  be  paid  by  per- 
sons whose  beams,  scales,  steelyards,  measures  or  weights  are 
adjusted   and  sealed  or  stamped   bj^   the  Regulator   of   the 
Weights  and  ^Measures  aforesaid.   Under  the  provisions  of  this 
ordinance  said  fees  to  be  held  ])y  the  said  Regulator  of  the  ^^^ghaifre^-' 
Weights  and  IMeasures  used  in  the  public  markets  or  market  for^his  ser-^^ 
houses  of  the  City  of  Wilmington,  as  compensation  for  his  ser-  vices, 
vices  in  adjusting,  regulating,  stamping  or  sealing  such  scales, 
beams,  steelyards,  measures  or  weights  as  he  may  adjust,  regu- 
late, seal  or  stamp,  under  the  provisions  of  this  ordinance. 

Sec.  9.    All  ordinances  and  parts  of  ordinances  inconsist- 
ent herewith  are  hereby  repealed. 

Passed  at  City  Hall,  August  10,  1882. 


AX  ORDIXAXCE  estahlishing  and  reyulaling  the  public  mar- 
kets of  the  City  of  Wilmington.'^ 

Section  1.    From  and  after  the  first  day  of  April,  A.  D.  Markets, 
one  thousand  eight  hundred  and  eighty-three,  the  public  mar-  cated. 
kets  («)  of  the  City  of  Wilmington  shall  be  located  and  estab- 
lished on  King  street,  Madison  street  and  Fourth  street.    The 
market  on  King  street  and  the  market  on  Madison  street  shall 
be  used  exclusively  by  farmers  and  truckers  to  sell  fruits,  maiiiet.  by 
vegetables,  fowls  and  meats  raised  upon  the  lands  of  which 
they  are  the  owners  or  renters,  or  farmed  on  the  shares.    The 
King  street  market  for  farmers  and  truckers  shall  commence 
on  the  northerh^  side  of  Second  street  and  extend  northwardlv  Extent. 


1.  This  ordinance  must  be  taken  subject  to  the  provisions  of  an  Act 
of  the  General  Assembly  entitled  "A  Supplement  to  'An  Act  to  Revise  and 
Consolidate  the  Statutes  relating  to  the  City  of  Wilmington,  passed  at 
Dover.  April  13.  1S83.'  "  (with  amendments  thereto),  which  said  Act  re- 
lates exclusively  to  public  curbstone  markets  within  the  City  of  Wilming- 
ton, and  will  be  found  among  the  Acts  of  General  Assembly,  p.  149  of  this 
volume. 


818  ORDINANCES. 

stTe^it^and'  ^^^  *^^  Southerly  side  of  [Tenth]  ^  street.     [The  iMadison  street 

^"^rtm  nt"  market  shall  commence  at  the  northerly  side  of  Second  street 

March  2,  ^  ^nd  extend  northerly  to  the  southerly  side  of  Ninth  street.] - 

A  ruto*^^'  F'rom  the  first  day  of  May  till  the  first  day  of  November  the 

190"-.  curbstone  markets  on  said  streets,  on  Wednesdays  and  Satur- 

Madison  '  -       _  . 

street  mar-  clays  of  each  Week,  shall  be  held  on  the  easterly  side  of  said 
Extent.  streets ;  from  the  first  day  of  November  till  the  first  day  of 

V^^ednesdays        '  "^      .  '' 

and  satur-     ;Mav  the  curbstone  markets  on  said  streets,  on  Wednesdays  and 

days,  when  -  •  -t         n 

on'easteriy     Saturdavs  of  cacli  Week  shall  be  held  on  the  westerly  side  of 

side  of  " 

streets.  .said  strccts :  from  the  first  day  of  May  till  the  first  day  of  No- 

When  on  i  i  i         •  •  i  mi 

westerly  side  vembcr  the  curbstoue  markets  on  said  streets,  on  Tuesdays  and 

of  Stl*G6tS. 

Tuesdays'  Fridays  of  each  week,  shall  be  held  on  the  easterly  side  of  said 
when  on  \  '  streets ;  and  from  the  first  of  November  till  the  first  day  of 
of  streets.  May  the  curbstone  markets  on  said  streets,  on  Tuesdays  and 
we^ter^y  Fridays  of  each  week,  shall  be  held  on  the  westerly  side  of  said 
strlets.  streets.     At  the  public  markets  on  King  street  and  Madison 

street,  within  the  limits  above  mentioned,  farmers  and  truck- 
ers will  be  permitted  to  back  up  their  vehicles  to  the  curb- 
mai'ket  stoucs  tliereon,  on  Tuesdays  and  Fridays  at  12  o'clock  (noon), 
and  commence  the  sales  of  the  products  of  the  lands  which 
they  own  or  lease  on  the  sidewalks  of  said  streets;  and  when 
the  curbstone  markets  on  said  streets  are  held  on  one  side  of 
said  streets  in  afternoon  and  a  different  side  of  said  streets  on 
the  following  day,  the  farmers  and  truckers  attending  such 
markets  shall  have  the  right  to  remove  their  wagons  over  to 
the  opposite  side  of  the  street  to  secure  their  stands  on  Tues- 
day and  Friday  afternoons  at  4  o'clock  (P.  M.)  and  no  earlier, 
where  they  will  be  allowed  to  remain  backed  up  to  the  curb- 
stone on  Wednesdays  and  Saturdays  until  two  o'clock  P.  M., 
and  no  longer.  In  each  of  the  squares  on  King  street  and  on 
space^^  °  Madison  street,  where  the  farmers  and  truckers  are  by  this  or- 
dinance allowed  to  be  backed  up  to  the  curbstones  for  the  pur- 
pose of  selling  produce  therefrom,  there  shall  be  two  spaces  of 
three  feet  each  in  width  kept  open  between  the  hubs  of  the 
wheels  of  the  vehicles  backed  up  to  the  curbstones,  to  allow 
persons  free  ingress  and  egress  to  and  from  the  sidewalks  to 


Rule  as  to 
moving. 


1.  See  ordinance  of  April    30.     1885,    as    amended,     pp.   832-3   of  this 
volume. 

2.  See  p.   832  of  this  volume. 


ORDINANCES.  819 

the  streets  at  all  times.  Xo  person  backing  up  a  vehicle  for  the 
purpose  of  selling  their  produce  on  the  sidewalks  of  said  King 
street  and  said  Madison  street,  shall  be  allowed  to  use  more 
than  [eight]  feet  of  space  on  the  sidewalk  in  length  opposite  l^^/gss.^^'"'' 
his  vehicle  to  display  produce  thereon  or  to  sell  the  same  there-  Space  to  be 
from ;  and  no  person  who  backs  up  his  or  her  vehicle  for  mar- 
ket purposes  on  said  streets  shall  occupy  more  than  three  feet 
in  depth  on  the  sidewalks  of  said  streets,  from  the  outer  curb 
line  of  the  same,  wdth  their  benches  or  baskets  to  display  their 
produce  thereon  or  sell  the  same  therefrom.  No  vehicle  will  be 
allowed  to  back  up  to  the  curbstones  on  either  of  said  streets 
for  market  purposes  or  otherwise,  outside  of  the  building  line 
of  any  of  the  streets  intersecting  King  street  or  Madison  street. 
Any  person  violating  any  of  the  provisions  of  this  section  shall 
.upon  conviction  forfeit  and  pay  a  fine  of  five  dollars.  Penalty. 

(a)  The  "market"  extends  from  the  curb  to  the  biulcTing  line.  The 
farmer  can  come  out  but  three  feet  from  the  curb,  but  the  buyer  can  use 
the  entire  sidewalk. 

Paynter,  J.:  "The  latter"  (farmers)  "could  only  occupy  three  feet, 
while'  the  purchasers  could  use  any  part  of  the  side- 
walk, making  the  space  between  the  curbstone  and  the  building  line  the 
entire  market  for  both  sellers  and  purchasers. ' ' 

State  vs.  Wood   (yr.  1S88),  unreported. 

Sec.  2.     It  shall  be  lawful  for  any  farmer  or  trucker  to  j^J^oiJ^^^' 
sell  from  his  vehicle  on  the  sidewalks  of  King  street  and  ^ladi-  see  Act  of 

°  March  10, 

son  street,  on  the  public  market  days  within  the  market  hours  isst,  is  d.  l. 

^  "^  340. 

prescribed  by  this  ordinance,  slaughtered  cattle,  hogs,  sheep 
and  calves  which  were  raised  and  fed  on  the  lands  owned  or 
rented  by  such  sellers  thereof,  («)  either  by  the  whole  quantity 
or  in  cut  pieces,  which  shall  include  lard,  sausage  and  scrapple 
manufactured  bv  such  seller  on  his  own  or  rented  lands  from  See  Acts  of 

Ai)nl  13, 

animals  raised  and  fed  thereon  and  none  others,     *     *     *     *  i8S3,  and 

.    .  April  15, 

providing,  the  same  is  in  a  good  and  wholesome  condition  for  isss. 

IT  Proviso. 

public  use. 

(a)   See  Sec.  5,  "a,"  p.  152  of  this  volume. 

See  Acts  of 
*****>:;=***#  April  13, 

1883.  and 
April  15, 

1885 

Sec.  3.    All  of  that  portion  of  Fourth  street  on  the  north-  ^^^  Jersey 
erly  side  thereof,  commencing  at  the  northeast  corner  of  King  Market. 


820 


ORDINANCES. 


Who  to  use. 


Market  days. 


Hours. 

Aug.  2,  1883. 

Aug.  2.  1883. 
Proviso. 


Space 
allowed. 


Resolution, 
Street  and 
Sewer  De- 
partment, 
March  2, 
1899. 

New  Jersey 
Market. 


Penalty. 


street  and  extending  east  to  Walnut  street,  shall  be  known  as 
the  ' '  New  Jersey  Market, ' '  and  shall  be  used  exclusively  for 
the  sale  of  products  brought  from  the  State  of  New  Jersey,  by 
the  producers  of  such  products  only,  that  is  to  say,  any  pro- 
ducer of  fruits  or  vegetables  residing  in  the  State  of  New  Jer- 
sey, shall  have  the  right  to  sell  the  products  of  his  o^vn  or 
leased  lands  at  the  places  above  designated,  on  Tuesdays,  Wed- 
nesdays, Fridays  and  Saturdays  of  each  week,  aud  they  shall 
have  the  privilege  on  Tuesdays  and  Fridays  to  place  their  pro- 
ducts for  display  and  sale  at  the  places  above  designated  at 
[6]  o'clock  A.  M.,  and  to  keep  the  same  exposed  thereon  for 
sale  from  Tuesday  at  [6]  o'clock  A.  IM.  until  the  next  Wednes- 
day at  3  o'clock  P.  M.,  and  on  Fridays  at  [6]  o'clock  A.  M. 
until  the  next  Saturday  at  3  o'clock  P.  M.,  provided,  however, 
that  in  the  berry,  cantaloupe  and  watermelon  season  such  pro- 
ducers may  stand  and  sell  in  said  market  every  day  (Sundays 
excepted)  from  6  o'clock  A.  M.  until  9  o'clock  P.  M.  Each  of 
said  producers  will  be  allowed  to  use  a  space  of  ten  feet  in 
length  on  the  curb  line,  and  extend  on  the  sidewalk  a  distance 
of  not  more  than  three  feet  from  the  curb  line,  and  to  extend 
out  into  Fourth  street  at  a  distance  of  eight  feet,  and  no  more. 
[Each  and  every  person  or  persons  who  shall  avail  themselves 
of  the  privilege  of  standing  in  the  ' '  New  Jersey  Market ' '  shall 
pay  to  the  Clerk  of  the  IMarket,  for  the  use  of  the  city,  the  sum 
of  twenty-five  cents  per  space,  for  each  and  every  day  that 
they  sell  or  display  goods  for  sale  in  said  market.]  No  stand 
or  space  outside  of  the  building  line  of  the  streets  intersecting 
Fourth  street,  shall  be  used  for  1,he  purpose  of  displaying  or 
selling  produce  therefrom,  and  every  person  violating  any  of 
the  provisions  of  this  section  shall  upon  conviction  thereof, 
forfeit  and  pay  for  each  offence  a  fine  of  five  dollars. 


Hucksters' 
market. 


Location. 


Sec.  i.  All  that  portion  of  the  southerly  side  of  Fourth 
street,  between  the  building  line  of  the  southeast  corner  of 
Fourth  and  King  streets  to  Walnut  street,  and  all  that  portion 
of  the  southerly  side  of  Fourth  street,  from  Jefferson  street  to 
Monroe  street,  shall  be  set  apart,  exclusively,  for  a  hucksters' 
market,  and  all  that  portion  of  the  northerly  side  of  Fourth 
street,  between  Jeff'erson  and  ]\[onroe  streets,  shall  be  set  apart 


ORDINANCES.  821 

for  a  fruit  and  grain  market.^     Any  person  residing  in  this  ^^y^j^^  ^"•^ 
city  who  has  taken  out  a  retailer's  license  for  selling  goods,  market. 
wares  and  merchandise  from  the  Clerk  of  the  Peace  for  New  use  huck- 
Castle  County,  for  the  purpose  of  huckstering,  exclusively,  ket. 
and  none  others,  shall  be  permitted  to  stand  in  the  hucksters' 
market,  for  the  purpose  of  selling  vegetables  and  all  kinds  of 
domestic  fruits  daily  (except  on  Sundays),  but  in  no  case  shall 
any  such  huckster  be  allowed  to  let  any  of  their  produce  re- 
main in  said  huclvsters'  market  for  sale,  or  for  display,  on  any 
Saturday  after  10  o'clock  P.  M.    Each  of  said  hucksters  shall 
be  allowed  to  use  a  space  ten  feet  in  length,  on  the  cui'b  line, 
and  no  more ;  and  of  a  depth,  on  the  sidewalk  at  the  curb,  of 
three  feet,  and  no  more  from  the  outer  side  of  the  curb  line, 
and  he  or  she  shall  also  be  'permitted  to  place  his  or  her  baskets 
'of  vegetables  and  domestic  fruits,  or  piles  of  melons  out  on'" 
Fourth  street  for  display  and  for  sale,  for  the  space  of  eight 
feet  from  the  curb  line,  and  no  further.    Each  and  every  huck- 
ster who  shall  avail  himself  of  the  privilege  of  standing  in  the 
hucksters'  market  shall  pay  to  the  Clerk  of  the  INIarket,  for  the 
use  of  the  city,  the  sum  of  twenty-five  cents  for  each  and  every  ^^^j*^  *°  ^^ 
day  that  they  sell  or  display  goods  for  sale  in  said  hucksters' 
market.     Any  person  violating  any  of  the  provisions  of  this 
section  shall,  upon  conviction  thereof,  for  every  offence,  for- 
feit and  pay  a  fine  of  five  dollars.  Penalty. 

Sec.  5.-     All  that  portion  of  Fourth  street,  between  the  ^ 

'■  _         Location  of 

building  line  on  the  westerly  side  of  King  street,  and  the  build-  fruit  and 

.     '  grain  mar- 

ing  line  on  the  easterly  side  of  Market  street,  and  all  that  por-  ket. 
tion  of  Fourth  street,  from  the  westerly  building  line  of  ]Mar- 
ket  street  to  the  easterly  building  line  of  Orange  street,  shall 
be  knoAvn  as  the  fruit  and  grain  market,  and  shall  be  set  apart 
for  the  sale  of  domestic  fruits  and  grain,  exclusivelv.    In  this  „,,    ^ 

^  '  •  W^hat  may 

market,  peaches,  apples,  pears,  berries  of  all  kinds,  and  all  ^^^  sow. 
other  domestic  fruits  and  grain  of  m11  kinds,  mav  be  sold' either 


1.  See  Sec.  5.  p.  821  of  this  volume,  and  also  p.  833  of  this  volume. 
(Ordinance  of  Dec.   20.   1900.) 

2.  See  17  D.  L.  c.  600,  Sec.  1.  p.  893.  published  on  p.  149.  The  or- 
dinance of  Dec.  20.  1900,  p.  833  of  this  volume  practically  repeals  the  above 
section.  See  also  Sec,  4  of  this  ordinance  as  to  fruit  and  gain  market,  p. 
820  of  this  volume. 


822 


ORDINANCES. 


Space. 


Sale  of 
peaches. 


Fee. 

Resolution 
of  Street  and 
Sewer  De- 
partment, 
March  2, 
1899. 

Hours  dur- 
ing peach 
season. 


in  bulk  or  in  small  quantities,  from  Avagons  or  otherwise,  by 
the  producer  of  such  fruits  or  grains,  or  by  his  or  her  legall}^ 
authorized  agent  or  agents.  No  one  person  attending  this  mar- 
ket, either  with  or  without  a  wagon,  shall  be  allowed  to  use 
more  than  ten  feet  in  length  at  the  curb  line,  to  display  or  sell 
such  fruits  or  grains,  or  place  the  same  out  on  tlie  sidewalk  for 
display  or  sale  to  a  greater  depth  than  three  feet  from  the  out- 
side of  the  curb  line,  or  to  a  greater  distance  out  on  Fourth 
street  than  eight  feet  («)  from  the  curb  line,  either  baskets  or 
wagons ;  and  all  shafts  and  tongues  must  be  removed  from  all 
wagons  that  stand  in  the  spaces  allotted  for  fruit  and  grain 
markets  on  Fourth  street.  During  the  peach  season,  traders 
and  dealers  in  peaches  only,  who  buy  their  peaches,  and  ex- 
pose them  thereafter  for  sale,  shall' be  permitted  to  stand  in 
the  market  set  apart  for  a  fruit  and  grain  market,  for  the  pur- 
pose of  selling  their  peaches.  ****** 
During  the  peach  season,  only,  the  persons  attending  said  mar- 
ket shall  be  allowed  to  sell  their  peaches  daily  in  said  market 
(Sunday  excepted),  from  sunrise  in  the  morning  until  10 
o'clock  on  Saturday  evening,  at  which  hour  all  wagons,  bas- 
kets, crates,  etc.,  must  be  removed  from  the  spaces  allotted  for 
a  fruit  and  grain  market.  At  all  seasons  of  the  year,  except 
during  the  peach  season,  the  market  hours  in  the  market  for 
fruits  and  grains  on  Fourth  street  shall  be  the  same  hours  as 
those  named  in  this  ordinance  for  the  farmers'  and  truckers' 
markets  on  King  and  JMadison  streets. 

(a)  Persons  using  the  street  under  the  above  ordinance  may  erect 
awnings  in  the  street  to  protect  their  fruit  from  the  sun  and  rain,  but 
the  city  must  not  be  negligent  in  permitting  poorly  constructed,  or  un- 
safe awnings  to  be  used,  or  it  will  be  liable  in  damages  to  one  injured 
by  reason  thereof. 

Lore,  C.  J.:  "At  the  time  of  the  accident,  under  an  ordinance  of 
this  city  it  was  lawful  for  the  northerly  side  of  Fourth 
street,  between  King  and  Market  streets,  for  a  space  of  eight  feet  from 
the  curb  line,  to  be  used  for  the  sale  of  peaches  in  peach  season,  and  for 
the  sale  of  domestic  fruits  of  all  kinds  by  one  who  was  either  a  producer 
or  his  agent.     *     * 

On  the  other  hand "  *  *  if  "  the  awning,  either  in  its  material 
or  in  its  construction  or  maintenance  was  of  such  a  character  as  to 
be  a  menace,  and  dangerous  in  itself  to  persons  using  such  public  high- 
way ' '  and  it  was  ' '  suffered  to  remain  on  the  street  for  an  unreasonable 
time  after  notice  or  knowledge  thereof  had  come  to  the  defendant,  either 
express  or  implied,"  and  injury  resulted  to  one  by  reason  thereof,  the 
city  would  be  liable. 

Jarrell  vs.  Wilmington,  4  Penn.  454  at  456.  (yr.  1903) 


ORDINANCES.  823 

[Each  and  every  person  or  persons  who  shall  avail  theui-j^^^{^|®  ^°'" 
selves  of  the  privilege  of  standing  in  the  market  shall  pay  to  space. 
the  Clerk  of  the  IMarket,  for  the  use  of  the  citj^,  the  sum  of  street  and' 
twenty-five  cents  per  space  for  each  and  every  day  that  they  partment, 
sell  or  display  goods  for  sale  in  said  market.]     Any  person  vio- 1899. 
lating  any  of  the  provisions  of  this  section  shall,  upon  convic- 
tion thereof,  forfeit  and  pay  a  fine  of  five  dollars. 

Sec.  6.    All  that  portion  of  King  street  from  the  north-  Location. 
erly  building  line  of  Front  street  to  the  southerly  building 
line  of  Second  street,  and  all  that  portion  of  Madison  street 
from  the  northerly  building  line  on  Front  street  to  the  south- 
erly building  line  on  Second  street,  shall  be  set  apart  as  a  fish 
market,,  exclusively,  where  all  dealers  in  fresh  fish  may  sell  the 
same,  either  from  wagons,  tables  or-benches,  daily.    All  tables,  where^'  ^  ^'' 
benches  or  boxes  used  for  the  purpose  of  displaying  fish  f or  ^^'^'^®'^" 
sale  must  be  placed  in  the  street  outside  of  the  curb  line,  and 
no  vender  of  fish  in  the  fish  market  will  be  allowed  to  stand 
upon  the  sidewalk  whilst  engaged  in  selling  the  same.     All 
benches,  tables  and  boxes  used  for  displaying  fish  from,  or  sell-  Hour  of 
iug  fish  thereat  must  be  removed  from  the  streets,  where  such  ''®'^°^^  • 
fish  is  allowed  by  this  ordinance  to  be  sold,  [by  2  o'clock  P.  M.  Resolution. 
on  Monday  and  Thursday,  3  o  'clock  P.  ]\I.  on  Wednesday,  and  sewer  d"*^ 
9  o'clock  P.  M.  on  Tuesday,  Friday  and  Saturday  from  the  aphT^Is!  ' 
15th  day  of  IMarch  to  the  15th  day  of  June  in  the  same  year  ^^^^" 
and  from  and  after  the  said  15th  day  of  June  until  the  15th 
day  day  of  March,  next  ensiling,  the  hours  for  market  in  the 
fish  market  shall  terminate  at  2  o'clock  P.  M.]  at  which  time  Fish  market. 
all  benches,  tables  and  boxes  must  be  removed  from  said  mar- 
ket, and  be  kept  therefrom  on  Sundaj'.    No  person  selling  fish  and  benches 
on  the  public  streets  set  apart  for  fish  markets  will  be  allowed  moved  from 
to  throw  offal  or  filth  from  fish  into  any  of  the  gutters  or  upon  by^o'o'ciock 
any  of  the  public  streets  of  this  city.    Any  person  offending  ^'^^^ 
against  any  of  the  provisions  of  this  section,  shall  upon  convic- 
tion thereof,  forfeit  and  pay  a  fine  of  five  dollars.  Penalty  $5. 

Sec.  7.  («)     No  person  or  persons  shall  erect,  or  have  anv 

T  -.1  1  •  '       P     1        r.      '    Booths, 

booth,  tent,  stand,  stall  or  place,  m  or  upon  any  oi  the  foot-  stands,  tents 

3.nii  stfills 

ways,  sidewalks,  streets,  lanes  or  alleys  of  this  city,  for  expos-  forbidden, 
ing  or  offering  for  sale  any  goods,  wares  or  merchandise  what- 


824 


OEDINANCES. 


Proviso. 

Exception 
as  to  certain 
persons. 


Further 
proviso  as  to 
licensed 
dealers. 


Aug.  2,  1883. 


Owners  of 
stores  or 
dwelling's 
may  permit 
producers 
to  sell. 


Penalty. 


soever.  Provided,  however,  that  any  owner  or  renter  (^)  of 
any  building  for  a  store,  commission  house  or  other  legitimate 
place  of  business,  shall  have  the  right  to  expose  to  view  and 
sell  any  of  his  or  her  commodities  kept  inside  of  such  place  of 
business  for  sale,  within  the  space  of  four  feet  from  the  build- 
ing line  of  the  building  he  or  she  is  engaged  in  carrying  on  his 
or  her  business  therein.  Any  person  being  a  licensed  dealer, 
renting  a  cellar  only,  in  any  building,  for  the  purpose  of  sell- 
ing goods,  wares  and  merchandise  therein,  shall  have  the  right 
to  stand  inside  of  said  cellar  doorway  and  sell  his  or  her  goods 
therefrom;  providing,  that  not  more  than  four  feet  of  space 
out  from  the  building  in  which  such  cellar  is  located,  and  no 
greater  space  in  front  of  said  cellar  doors  opened  out  on  the 
sidewalk,  shall  be  allowed  by  such  dealer  to  display  or  sell  his 
or  her  goods  therefrom.  The  renting  of  a  cellar  shall  not  give 
him  any  right  to  display  or  sell  his  goods  on  any  other  portion 
of  the  sidewalk,  even  though  the  owner  or  occupier  of  the  first 
story  of  said  building  above  the  ground  floor  of  such  building 
should  give  his  consent  for  such  use  of  sidewalk  to  the  renter 
of  the  cellar.  [Provided,  however,  that  any  owner  or  renter 
of  any'  store  or  dwelling,  which  he  or  she  occupies  on  King  or 
Madison  streets,  within  the  limits  therein  prescribed  for  public 
markets,  may  suffer,  allow  and  permit  any  producer  of  fruit, 
vegetables  or  other  commodities,  raised  or  produced  on  his  or 
her  own  lands,  or  on  leased  lands,  which  he  or  she  may  occupy, 
and  none  other,  to  stand  on  the  sidewalk,  up  against  the  build- 
ing line  or  such  dwelling  or  store,  as  he  or  she  may  occupy  as 
a  residence  or  store  above  the  cellar  thereof ,  and  sell  such  pro- 
ducts therefrom,  provided,  that  not  more  than  four  feet  out 
from  such  building  line  is  used  for  such  purpose.]  Any  per- 
son violating  any  of  the  provisions  of  this  section,  upon  convic- 
tion thereof,  shall  forfeit  and  pay  a  fine  of  five  dollars. 

(a)  See  Sec.  1,  paragi-aph    ;  See.  2,  and  Sec.  12,  pp.  74.3  and  826  re- 
spectively, of  this  volume. 

(b)  Note   the   difference   in  phraseology   in   the   sections   above   re- 
ferred to — See.  7,  note  "a." 


Fruits,  etc.,  ggc.  8.    All  persous  selling  fruits,  vegetables  or  anv  other 

not  to  be  '■  .      "  •  j    j   £ 

thrown  in      products  whatever,  in  anv  of  the  public  markets  provided  tor 

Stl*G6t.  7  «.  A 

by  this  ordinance,  are  prohibited  from  throwing  into,  or  plac- 


ORDINANCES.  825 

ing  upon,  any  of  the  sidewalks,  gutters  or  pul)lic  streets  or  al- 
leys of  this  city,  any  decayed  fruits  or  vegetables,  or  the  husks, 
tops,  roots  or  other  refuse  matter  from  corn,  roots  or  vege- 
tables, or  any  other  refuse  animal  or  vegetable  matter  whatso- 
ever. All  of  such  refuse  matter  shall  be  placed  l)y  the  farmer, 
trucker,  huckster  or  other  dealer  who  brought  the  same  into 
market,  into  a  barl^el  or  box,  which  such  dealer  shall  provide 
at  all  times  for  such  purpose,  and  all  such  refuse  matter  shall, 
by  such  seller  as  produced  it,  be  conveyed  and  deposited  out- 
side of  the  city  limits.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall  upon  conviction  thereof,  forfeit 
and  pay  a  fine  of  five  dollars. 

Sec.  9.     If  any  person  shall  bring  into  any  of  the  public  pro^-jsions 
markets  of  this  city  for  sale,  any  butter,  lard,  sausage  or  other  Ind'^n^el?-^^^ 
provision  in  lumps  or  parcels,  as  for  a  greater  weight  or  meas-  "^'^s. 
ure  than  the  true  weight  and  measure  thereof  proves  to  be, 
when  tested  by  the  Clerk  of  the  ^Market  by  the  legal  standard 
of  weights,  or  the  legal  standard  of  measures  provided  by  the 
city  for  that  purpose,  or  shall  bring  into  any  of  the  markets  of 
this  city  for  sale  any  salted  or  potted  butter,  or  tub  butter 
made  up  into  printed  lumps  of  a  certain  weight  or  measure,  if  Duty  of 
it  be  fresh  butter,  sausage  or  lard,  short  of  the  weight  it  is  of-  ^S^et^ 
fered  to  be  sold  for,  the  Clerk  of  the  INIarket  shall  with  a  knife 
cut  every  such  lump  into  four  pieces  and  leave  the  same  with 
the  person  who  had  it  for  sale.    But  if  any  other  provision  is 
found  by  the  Clerk  of  the  Market  to  be  of  lesser  weight  than 
that  which  it  is  offered  to  be  sold  for,  or  if  any  salted,  potted 
or  tub  butter  is  printed  and  offered  for  sale  as  fresh  butter,  it 
shall  be  forfeited ;  and  the  Clerk  of  the  Market  shall  inunedi- 
ately  seize  it  and  sell  the  same  for  the  best  price  he  can  obtain 
therefor,  and  pay  over  the  proceeds  of  such  sale  or  sales  to  the 
City  Treasurer  for  the  use  of  the  city. 

Sec.  10.    If  anv  person  shall  sell  or  offer  for  sale  any  oleo-  saie  of  oieo- 

'  .  .  margarine 

margarine,  sueme  or  any  other  preparation  bearing  a  sem- for  butter, 
blance  to  butter,  under  the  name  of  butter,  thereby  deceiv- 
ing the  purchaser  thereof,  or  with  intent  to  deceive  the  pur- 
chaser thereof,  the  person  so  offending  shall  for  every  such  of- 
fence forfeit  and  pay  a  fine  of  twenty  dollars.  Penalty. 


826 


ORDINANCES. 


piactn*^  ^°^  ^^^*  ^^-    ^^  ^^^^  person  shall  cut  up  auj-  meat  or  place  any 

benches,  etc.,  block,  bench  or  stand  on  any  of  the  sidewalks  of  this  city  for 

on  sidewalk.  '  ''  '' 

the  purpose  of  cutting  up  any  meat  thereon,  he  shall  upon  con- 
viction thereof  forfeit  and  ipay  a  fine  of  five  dollars. 


Certain  per- 
sons pro- 
hibited from 
occupying 
streets. 


Proviso,  as 
to  licensed 
dealers. 


Penalty. 


Sec.  12.  No  bread  or  cake  vender,  no  seller  of  ice  cream, 
foreign  fruits,  confections,  prepared  food,  'brushes,  blacking, 
combs,  essences,  matches,  pictures,  writing  paper,  envelopes, 
ink,  jewelry,  medicines,  toys,  cutlery,  hosiery,  shoe  laces  or 
other  articles  composed  of  cotton,  silk  or  woolen,  in  whole  or  in 
part,  no  juggler,  mountebank  or  sleight-of-hand  performer 
shall  occupy  any  space  or  place  in  or  upon  any  of  the  public 
streets,  sidewalks,  lanes  or  alleys  of  this  city  for  the  purpose 
of  selling  any  of  the  articles  above  enumerated  in  this  section, ' 
or  to  display  acts  in  jugglery  or  sleight-of-hand  performance ; 
provided,  hoivever,  that  licensed  dealers  in  the  articles  above 
enumerated  shall  have  the  right  to  display  and  sell  such  goods 
in  front  of  any  store  they  may  occupy  as  renter  or  owner  with- 
in the  space  of  four  feet  of  the  building  which  he  or  she  occu- 
pies as  his  or  her  store  or  place  of  business,  but  none  others. 
Any  person  offending  against  any  of  the  provisions  of  this  sec- 
tion shall  upon  conviction  thereof  forfeit  and  pay  a  fine  of  five 
dollars. 


Repealed 
June  22,  1893. 
Repealed 
Ordinance, 

Sept.  22, 
1892. 

Superseded. 


Clerk  of 
Market  to 
give  bond. 


Sec.  13.      ^********^ 

Sec.  14.      ********        * 

Sec.  15.     [Election  of  Clerk  of  the  Market.]  ^ 

Sec.  16.  The  Clerk  of  the  Market,  before  entering  upon 
the  duties  of  his  office,  (<*)  shall,  with  good  and  sufficient 
surety,  become  bound  to  The  ]\Iayor  and  Council  of  Wilming- 
ton, by  a  joint  and  several  obligation,  to  be  with  the  surety 
therein  approved  by  the  Committee  on  Public  Buildings.  The 
penal  sum  of  such  obligation  shall  be  double  the  estimated 
amount  of  monev  that  will  come  into  the  hands  of  said  Clerk 


1.     See  Act  of  General  Assembly.  March  1,  1S87,  Chap.  178.  Vol.  18.  as 
amended  by  Act  of  May  3,  1S93,  p.  157  of  this  volume. 


ORDINANCES.  827 

of  the  Market  during  the  ensuing  year,  according  to  the  fol- 
lowing form,  to  wit : 

"T/ie  condition  of  this  ohligation  is  such  that  if  the  said  conditions, 
being  the  Clerk  of  the  Market,  shall  well  and  truly 


account  for  all  moneys  which  shall  come  into  his  hands  as  such 
Clerk,  or  ivith  ivhich  he  as  Clerk  shall  he  legally  chargeable, 
and  shall  and  do  well  and  diligently  execute  the  office  of  the 
Clerk  of  the  Market  as  aforesaid,  and  duly  and  faithfully  ful- 
fill -and  perform  all  the  duties  now  to  said  office  appertaining 
during  his  official  term,  then  the  said  obligation  shall  be  void, 
otherwise  the  same  shall  remain  in  fxdl  force  and  virtue." 

(a)   See  Sec.  11,  "a"  of  the  Charter,  and  the  ease  of 
Pickering  vs.  Day,  2  Del.  Ch.  333  at  334.  (yr.  1866) 

Sec.  17.    The  Clerk  of  the  jMarket  shall  attend  in  the  sev-  f^^^'^f^^l  of 
eral  markets  and  market  houses  of  this  city,  during  the  mar-  Market, 
ket  hours  thereof,  and  at  such  other  hours  as  he  may  deem  it 
necessary  to  enforce  obedience  to  the  rules  («)  and  regulations 
of  the  markets  provided  for  in  this  ordinance,  or  which  from 
time  to  time  hereafter  sliall  be  ordained  by  the  Council  in  ref- 
erence to  such  public  markets.     He  shall  weigh,  try  and  ex-  Examination 
amine  all  butter,  lard,  sausage,  oleomargarine,  sueine,  and  all  °^  t>utter. 
articles  sold  in  lumps  of  a  given  or  accustomed  weight.    To  see 
that  the  same  are  of  lawful  standard  weight  for  which  the 
same  are  offered,  or  ought  to  be.    To  also  see  the  provisions  of  Enforcement 
the  Revised  Statutes  of  the  State  of  Delaware,  Chapter  66,  andfilon  t?''^' 
the  ordinance  of  this  city  entitled,  "An  ordinance  to  regulate '*^'®'^^*^- 
the  weights  and  measures  used  in  the  public  markets  and  mar- 
ket houses  of  the  City  of  Wilmington,"  so  far  as  the  same  re- 
late to  selling  by  legal  weights,  measures,  scales,  balances  or 
other  weighing  or  measuring  apparatus,  are  enforced  in  the 
public  street  markets  and  market  houses  of  this  city.    To  seize 
all  forfeited  articles  and  dispose  of  the  same  for  the  use  of  the 
city ;  to  decide  all  disputes  which  may  arise  in  the  markets  be- 
tween buyer  and  seller  concerning  the  weights  or  measures  or  Resolution, 
things  bought  or  sold;  to  collect  rents  of  stands     *     *     *     *sewerDe- 
and  receive  forfeitures ;  to  take  duplicate  receipts  from  the  March^", ' 

1899 

City  Treasurer  for  all  moneys  paid  by  him  to  said  Treasurer. 

He  shall  keep  a  book  in  which  he  shall  enter  a  regular  and  just  ac°c*Sints. 


828 


ORDINANCES. 


account  of  all  money  by  him  collected,  together  with  the  ar- 
ticles seized  and  forfeited,  and  submit  his  accounts  to  the 
Council,  with  his  vouchers  for  payments  made  by  him  to  the 
City  Treasurer,  at  least  once  in  everj^  three  months. 


(a)   As  to  the  meaning  of  tlie  word  "rules,"  see  the  case  of 
Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.   136.    (yr.   1894).     Sec. 
'  of  the  Charter. 


16, 


Resolution, 
Street  and 
Sewer  De- 
partment, 
March  2, 
1899. 


Receipts  is- 
sued from 
stub  book. 


[The  Board  of  Directors  of  the  Street  and  Sewer  Depart- 
ment shall  furnish  the  Clerk  of  the  I\rarkets  with  a  combina- 
tion receipt  and  report  book  of  such  description  that  said  Di- 
rectors may  determine,  and  the  said  Clerk  of  the  JMarket  shall 
issue  a  receipt  from  said  book  to  each  and  every  person  or  per- 
sons from  whom  the  said  Clerk  shall  have  collected  any  money 
for  the  city  for  any  purpose  Avhatever,  which  receipt  shall  be 
the  only  proper  voucher  for  such  person  or  persons  to  use  the 
public  market  spaces  therein  mentioned  and  the  Clerk  of  the 
Market  shall  immediately  upon  i.ssuing  any  such  receipt,  file 
with  the  Secretary  of  the  Board  of  Directors  of  the  Streeet 
and  Sewer  Department,  the  reports  accompanying  each  and 
every  receipt,  and  when  all  the  receipts  in  such  book  or  books 
have  been  issued,  the  "stubs"  therein  remaining  shall  be  im- 
mediately returned  to  the  Board  of  Directors  of  the  Street  and 
Sewer  Department.  («)  The  aforesaid  Board  of  Directors 
shall  furnish  the  said  Clerk  of  the  ^larket  each  and  every  year 
with  a  plan  of  the  spaces  in  the  public  markets,  designated  to 
be  leased,  and  the  said  Clerk  of  the  Market  shall  keep  said  plan 
correctly  marked  as  a  register  of  all  spaces  leased.] 

(a)  The  Street  and  Sewer  Department,  having  exclusive  jurisdiction 
over  the  streets  "from  building  line  to  building  line,"  has  control  of  the 
markets,  and  general  supervision  over  the  Clerk  of  the  Market,  though 
' '  The  Council ' '  apj^oints  the  Clerk,  and  receives,  for  the  use  of  the  city, 
all  market  rents.  (See  Sec.  19  of  this  ordinance.) 

Power  of  Sec.  18.    The  Clerk  of  the  Market  shall  have  power  to  call 

Clerk  in  case  ...  .  . 

of  disorders,  to  his  aid  the  City  Constables  or  Police  to  suppress  any  riots  or 
disorders  that  may  happen  in  any  of  the  markets,  and  to  assist 
and  support  him  at  all  times  in  the  due  exercise  of  the  powers 
vested  in  him  bv  the  ordinances  of  this  citv. 


street  and 
Sewer  De- 
partment 
shall  furnish 
plan  of 
spaces  an- 
nually. 


Fees,  w-hen 
paid. 


Sec.  19.    The  Clerk  of  the  Market  shall  pay  to  City  Treas- 
urer, upon  the  second  and  fourth  Saturdays  of  every  month. 


ORDINANCES.  829 

all  the  money  he  may  have  collected  during  the  intervals  of  the 
same,  less  the  sum  of  fifteen  per  centum,  which  the  said  clerk 
shall  retain  as  his  compensation  for  his  services  for  collecting- 
and  paying  over  the  moneys  received  by  him  for  the  use  of  the 
city,  {^)  and  he  shall,  at  the  time  he  makes  each  payment  to 
the  City  Treasurer,  file  "vvith  said  Treasurer  a  written  or 
printed  affidavit  according  to  the  following  form,  to  wit : 

New  Castle  County,  ss. : 

Personally  appeared  before  me Mayor  of  the  City  q'^^}^^^\^  °^ 

of  Wilniingtou, who,  being  duly  according  to  Market. 

law,  did  depose  and  say,  that  the  sum  of dollars  by  him 

this  day  paid  to  the  City  Treasurer  is  the  total  sum  of  all 
moneys  received  by  him  since  liis  {appointment)  or  last  settle- 
ment, doth  include  all  moneys  received  by  him  from  all  sources 
for  the  use  of  the  city,  less  fifteen  per  centum  of  the  total 
amount  of  receipts  up  to  this  date. 

Sworn  and  subscribed  before  mc,  this day  of 

A.  D.,  one  thousand  nine  hundred  and ,  as  witness  my 

hand  and  the  corporate  seal  of  said  city. 

Mayor  of  the  City  of  Wilmi)igton. 

(a)  The  Street  and  Server  Department,  from  1887  until  1900  had 
been  receiving  the  fees  collected  from  farmers,  traders,  dealers  and  huck- 
sters using  the  streets  of  the  city.  In  1900  the  Court  decided  they  be- 
longed to  ' '  The  Mayor  and  Council ' '  for  the  use  of  the  city,  and  not  to 
the  Street  and  Sewer  Department. 

Lore,  C.  J.:  "  This  was  a  case  stated,  the  point  at  issue  being 
whether  the  Board  of  Directors  of  the  Street  and 
Sewer  Department  were  entitled  to  have,  receive  and  dispose  of  the  fees  and 
charges  collected  from  farmers,  traders,  dealers  and  hucksters  using  the 
street  markets  in  said  city,  or  whether  such  fees  and  charges  ought  to  be 
paid  over  to  the  Mayor  and  Council  of  Wilmington,  for  the  general  fund 
and  uses  of  said  city.  *  *  Judgment  was  rendered  in  favor  of  the 
defendant  in  each  case."  (The  fight  was  between  "The  Council"  and 
the  Street  and  Sewer  Department.) 

Street  and  Sewer  Dep't  vs.  Connell,  2  Penn.  571  at  571-2.   (yr.  1900) 

SrEC.  20.    All  penalties  incurred  for  the  violations  of  the 
provisions  of  this  ordinance  shall  be  recoverable  in  the  name  how^recfover- 
and  for  the  use  of  the  City  of  Wilmington.  '^'^'*^- 

Sec.  21.    That  an  ordinance  entitled,  "An  ordinance  con-  ^    ,  . 

Certain  or- 

eerning  the  markets, ' '  passed  at  the  City  Hall,  March  12th,  dinances  re- 

'       i-  ./  7  !  pealed. 

1860,  also  an  .ordinance  entitled,  "An  ordinance  to  prevent 


830 


ORDINANCES. 


Resolution, 
Street  and 
Sewer  De- 
partment, 
July  12,  189S. 


Clerk  of 
Market  may 
allot  spaces 
in  market  to 
two  persons 
to  be  used 
alternately. 


Charge. 


forestalling  in  the  markets  of  the  City  of  Wilmington, ' '  passed 
at  the  City  Hall,  March  16th,  1865,  and  all  other  ordinances  in 
the  printed  ordinance  books  of  the  city,  and  in  the  book  of 
written  ordinances  (not  yet  printed)  concerning  markets,  ex- 
cept "An  ordinance  for  inspection  of  meats,"  passed  April 
6th,  1875,  are  hereby  repealed. 

Passed  at  City  Hall,  January  5,  1883. 


^RESOLUTION  amending  ordinance  concerning  markets. 

Be  it  Resolved  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  Wilmington,  Delaware. 

Section  1.  That  from  and  after  the  passage  of  this  reso- 
lution the  Clerk  of  the  j\Iarket  shall  have  power  and  be  author- 
ized to  allot  a  space  or  spaces  in  the  farmers'  and  truckers' 
curbstone  market  in  the  City  of  Wilmington  to  two  (<^)  actual 
farmers  or  truckers,  such  space  to  be  used  by  one  of  them  on 
Wednesdays  and  by  the  other  on  Saturdays  upon  payment  by 
them  jointly  of  the  sum  now  hy  law  payable  for  the  use  of  the 
city  and  of  the  property  o^vner  or  owners  and  of  the  additional 
sum  of  twenty-five  cents  each  for  the  usual  permit  fee.  In 
such  cases  the  said  Clerk  shall  issue  proper  permits  to  each  of 
such  persons. 

{a)  The  Act  of  April  1.5,  1885,  (Sec.  3)  reads,— "said  clerk  shall  is- 
sue a  certificate  permitting  such  person  to  occupy  such  space  for  one 
year,"  &e.  (See  p.  150  of  this  volume.)  The  statute  contemplates  07ie 
person  for  the  entire  year. 


Farmer  hav- 
ing space 
may  permit 
others  to  use 
same. 


Permission 
must  be  in 
writing. 


Sec.  2.  That  any  bona  fide  farmer  or  trucker  now  or 
hereafter  having  space  allotted  to  him  or  her,  in  said  market, 
may,  in  writing  permit  one  other  farmer  or  trucker  to  use  his 
or  her  space  in  the  said  market  upon  such  market  days  as  he  or 
she  may  be  absent  from  the  said  market.  Such  permission 
must  be  in  writing,  must  designate  the  person  to  be  allowed  to 
use  the  space,  and  must  be  signed  by  the  holder  of  the  space  in 
the  presence  of  the  said  Clerk  of  the  Market,  and  the  person  so 
permitted  to  use  such  allotted  space  shall,  at  the  time  of  sign- 


1.     See  Sec.  3  of  the  Act  of  Assembly  authorizing 
curbstone  markets,  p.  150  of  this  volume. 


the  establishment  of 


ORDINANCES.  831 

ing  of  said  permission,  pay  to  the  said  Clerk  of  the  ^Market,  the  Charges. 
sum  of  fifty  cents. 

Sec.  3.  That  hereafter  the  said  Clerk  of  the  [Market  shall  unoccupied 
be  and  is  authorized  and  empowered  to  permit  any  actual  spaces. 
farmer  or  trucker  to  use  any  space  in  the  said  farmers'  and 
truckers '  curbstone  market  on  any  market  day  when  the  same 
shall  be  not  actually  and  legally  occupied  by  some  one  entitled 
thereto,  upon  payment  to  the  said  Clerk,  of  the  sum  of  fifteen 
cents  for  such  permission. 

Sec.  4.    All  fees  collected  by  the  Clerk  of  the  ^Market  un-  Fees. 
der  this  resolution  shall  be  for  the  use  of  the  city,  less  the  com- 
mission now  allowed  the  Clerk  of  the  Market  by  law  for  collec- 
tion. 

Adopted  July  12.  1898. 


AX  OBDINAXCE  establishing  a  fruit,  vegetable  and  produce 
market  shed  at  Front  and  Church  street  wharves,  in  the 
City  of  Wilmington. 

Section  1.     The  new  market  shed  erected  at  Front  and  Market  at 

_  ,     Front  and 

Church  street  wharves  shall  be  used  lor  market  purposes  only  church,  by 
by  such  persons  as  bring  their  produce  to  the  wharves  afore- 
said in  vessels  and  boats,  and  pay  wharfage  for  laying  along- 
side of  said  wharves  with  their  vessels  or  boats,  or  fasten  the 
same  thereto. 

Sec.  2.    Xo  producer  of  fruit,  vegetables  or  other  produce  who  shaii 
of  any  kind,  nor  any  dealer  or  huckster  in  fruit,  vegetables  or  shainiot 
other  produce  whatsoever,  will  be  allowed  to  use  any  portion  market  shed 
of  the  shed  aforesaid  for  storing  any  merchandise  therein,  or  purposes^* 
selling  any  merchandise  therefrom,  or  on  the  wharves  belong- 
ing to  the  city  adjoining  or  contiguous  to  said  market  shed, 
unless  such  person  did  bring  such  fruit,  vegetables  or  other 
merchandise  to  said  wharves  in  a  vessel  or  boat,  and  unload 


832 


ORDINANCES. 


the  same  in  front  of  said  market  from  such  vessel  or  boat  that 
has  carried  such  fruits,  vegetables  or  other  produce  to  this 
city,  for  sale  therein. 

shafi'how  S^^-  ^-    There  shall  not  be  an}-  particular  part  or  portion 

^'r^stan^n"'  ^^  ^^^^  market  shed  set  apart  for  the  use  of  any  particular  per- 
shed™^'^^^*   son  or  persons,  nor  shall  any  one  person  at  any  time  use  or  oc- 
cupy more  space  within  such  market  shed  for  his  or  her  pro- 
duce than  is  absolutely  necessary  for  him  or  her  to  display  his 
or  her  merchandise  therein. 


Penalty  for 
violation  of 
this  ordi- 
nance. 


Sec.  4.  If  any  other  persons,  other  than  those  hereinbe- 
fore mentioned,  shall  store  any  merchandise  therein,  or  shall 
sell  any  merchandise  therefrom,  such  person  shall,  for  every 
such  offence,  upon  conviction  thereof,  forfeit  and  pay  a  fine  of 
ten  dollars,  one-half  of  which  shall  be  paid  into  the  city  treas- 
ury, and  the  other  half  thereof  to  the  informer. 


Resolution, 
Street  and 
Sewer  De- 
partment, 
March  2, 
1899. 

Under  con- 
trol of 
Street  and 
Sewer  De- 
partment. 


Sec.  5.  [This  market  shall  be  under  the  direct  control  of 
the  Board  of  Directors  of  the  Street  and  Sewer  Department. 
Persons  who  may  be  entitled  to  use  this  market  will  be  allowed 
to  sell  therefrom  every  day  in  the  year  except  on  Sunday,  at 
such  hours  as  they  may  deem  proper.] 

Sec.  6.  All  ordinances  and  parts  of  ordinances  inconsist- 
ent herewith  are  hereby  repealed. 

Passed  at  Citv  Hall,  August  30.  1883. 


Boundary  of 

King-  and 

Madison 

streets. 

Ordinance. 

April  20. 

1907. 


AX  OBDIXAXCE  regulating  puhlic  curbstone  markets. 

Section  1.  That  the  public  curbstone  markets  now  estab- 
lished on  King  and  Madison  streets  in  the  City  of  Wilmington 
l)e  and  the  same  are  hereby  restricted  to  all  that  portion  of 
(Madison  street)    lying  and  being  south  of   [Ninth] ^  street 


1.     See  ordinance  of  January  5,  1S83.  with  the  amendment  of  April  20, 
1907,   incorporated  therein,   p.    818   of  this   volume. 


ORDINANCES.  833 

(and  all  that  portion  of  King  street  lying  and  being  south  of  jufJ"^ i8S5°^ 
Ninth^  street.) 

Passed  at  City  Hall,  April  30,  1885. 


AX  ORDIXAXCE  establishing  and  regulating  a  fruit,  t^e^e- Decide?  1900. 
tahle  and  grain  market."^ 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.    All  that  portion  of  Fourth  street,  between  the  Location  of. 
building  line  on  the  westerly  side  of  King  street  and  the  build- 
ing line  on  the  easterly  side  of  Orange  street  shall  be  set  apart  ^, 

^ _  .  .  Name  set 

and  known  as  the  fruit,  vegetable   and   grain   portion  of  the  apart, 
farmers'  and  truckers'  curbstone  market,  and  shall  be  set 
apart  for,  and  be  used  exclusively  by,  farmers  for  the  sale  of  used  ex- 
fruit,  vegetables  and  grain  of  all  kinds  raised  or  grown  on    „ 

"^    .  '^  ^  TVTiat  may 

land  occupied  b}'  such  farmers  or  owners,  lessees  or  farmers  be  sow. 
upon  the  share. 

Sec.  2.     The  market  hours  for  the  sale  of  the  farm  pro-  Market 
ducts  named  in  Section  1  of  this  ordinance,  shall  be  the  same 
hours  as  those  named  in  the  ordinance  for  the  farmers'  and 
truckers'  market  on  King  and  ]\Iadison  streets,  passed  at  the 
City  Hall,  January  5th,  1883. 

Sec.  3.     Every  farmer  or  person  standing  in  said  market  rp^  (jjgpiay. 
shall  be  allowed  to  display  and  sell  his  fruit,  vegetables  and 
grain  on  the  sidewalk  three  feet  from  the  curb  thereof ;  and  in  ^^  space, 
the  street  eight  feet  from  the  curb  thereof ;  and  every  farmer 
or  person,  upon  backing  his  wagon    up    to    the    curb  of  said 
street,  shall  at  once  remove   the   shafts    or   tongue  from  said^^t^^® 
wagon. 

Sec.  4.     The  Clerk  of  the  Market,  during  the  month  of  cierk  of  the 

^  Market. 

April  of  each  and  every  year,  shall  lay  off  and  allot  spaces  on  Lay  off  ana 

allot  spaces. 


1.  Tenth  street.  See  Resolution  of  Street  and  Sewer  Department, 
March  2,  18S9.  p.  818  of  this  volume. 

2.  See  Sec.  5  of  ordinance  of  January  5,  1883,  which  the  above  ordi- 
nance practically  repeals,  p.  821  of  this  volume.  See  also  Sec.  4.  p.  820  of 
this  volume. 


834 


ORDINANCES. 


either  or  both  sides  of  said  above  mentioned  streets  in  the  man- 
ner set  forth  in  Section  2  of  an  Act  entitled,  "A  supplement 
to  'An  Act  to  revise  and  consolidate  the  statute  of  the  City  of 
AVilmington, '  ' '  passed  at  Dover,  April  13th,  1883.  And  until 
the  said  month  of  April  the  said  Clerk  of  the  Market  may  allot 
spaces  at  pro  rata  rates  in  the  manner  above  mentioned.  And 
and^carr^^*^  ^^^®  ^^^^  Clerk  of  the  jMarket  shall  in  all  other  respects  comply 
°"*^-  with  and  carry  out  the  provisions  contained  in  all  the  sections 

of  said  Act,  and  the  amendments  thereto,  so  far  as  the  same 
shall  be  applicable  for  the  purposes  of  a  fruit,  veg^etable  and 
ffrain  market. 


Not  more 
than  one 
space  on 
same  side 
of  street. 

Allotment. 


Charges. 


Sec.  5.  The  Clerk  of  the  Market  shall  not  set  apart  or  al- 
lot to  any  one  farmer  more  than  one  space  on  the  same  side  of 
the  street  of  said  market ;  but  he  may  set  apart  and  allot  to  one 
and  the  same  farmer  at  one  and  the  same  time,  for  the  period 
of  one  year,  one  space  on  one  side  of  the  market  and  one  space 
on  the  other  side  of  the  market;  and  may  charge  therefor 
double  the  sum  named  in  Section  3  of  the  above  mentioned 
Act. 


May  sell 
after  com- 
plying with 
provisions. 


Sec.  6.  Any  farmer  who  has  complied  with  all  of  the  pro- 
visions of  this  ordinance,  may  sell  fiiiit,  vegetables  and  grain 
of  all  kinds  as  set  forth  in  Section  1  of  this  ordinance,  either 
in  person  or  bj^  agent. 


To  first  ^^^-  ^-    -^"^  farmer  or  person  shall  expose  for  sale  in  said 

^rov^sTons**^  market,  any  fruit,  vegetable,  grain  or  other  thing  whatsoever, 
until  he  has  first  complied  with  all  the  provisions  of  this  ordi- 
nance. 


Not  to  as-  Sec.  8.    No  farmer  entitled  to  a  space  in  said  market  shall 

let  space.  give,  sell,  assign  or  let  his  said  space,  in  whole  or  in  part,  for 
any  period  of  time,  to  any  person  or  persons,  whomsoever,  ex- 
cept as  mentioned  in  Section  6  of  this  ordinance. 

Restrictions  Sec.  9.    No  farmer  or  person  shall  expose  for  sale  in  said 

as  to  sale  of.  jjj^rket,  anything  whatsoever,  except  fruit,  vegetables  or  grain 
as  set  forth  in  Section  1  of  this  ordinance. 


ORDINANCES.  835 

Sec.  10.     The  Clerk  of  the  Market  shall  enforce  all  the  cierk  of 

Market  shall 

pro\dsions  of  this  ordinance,  and  in  so  doing,  shall  possess  and  enforce. 
be  vested  with  all  the  authority''  and  powers  now  possessed  by  Author- tv 
and  vested  in  him ;  by  virtue  of  any  and  all  laws,  charter  pro-  ^^^  powers, 
visions,  ordinances,  resolutions,  regulations  or  rules  whatso- 
ever. 

Sec.  11.    Any  farmer  or  person  violating  any  of  the  pro-  Penalty. 
visions  of  this  ordinance,  shall  be  fined  five  dollars  for  each 
and  every  offence,  to  be  recovered  before  the  Judge  of  the  Mu- 
nicipal Court  of  the  City  of  Wilmington. 

Passed  at  the  City  Hall,  December  20,  1900. 


836 


ORDINANCES. 


CHAPTER  X 

ORDINANCE  RELATING  TO  BUILDING  REGULA- 
TIONS. 


Time  of 
election  of 
Building  In- 
spector. 

Duties. 


Qualifica- 
tions. 


Bond. 


AN  ORDINANCE  providing  for  building  regulations,  for  a 
Building  Inspector,  and  prescrihing  the  duties  of  the 
Building  Inspector  for  the  City  of  Wilmington,  Delaware. 

Be  it  ordained,  by  the  Council  of  Wilmin^on  (two- 
thirds  («)  of  all  the  members  elected  to  the  Council  concurring 
herein)  : 

(o)   It  requires  a  majority  vote  to  pass  or  re^^eal  an  ordinance. 
See  Sec.  30,  paragraph  2,  the  Charter. 

Section  1.  The  Council  of  Wilmington  shall,  at  its  first 
stated  meeting  in  the  month  of  May,  A.  D.  1910,  and  at  the 
first  stated  meeting  in  the  month  of  May  in  every  third  year 
thereafter,  elect  a  Building  Inspector  whose  duty  it  shall  be  to 
carefully  inspect  all  buildings  or  structures  that  are  being 
erected,  enlarged,  altered  or  repaired,  as  well  as  all  buildings 
or  structures  or  parts  of  all  buildings  or  structures  that  are  re- 
ported to  him  to  be  in  an  unsafe  or  dangerous  condition  for  the 
purpose  for  which  they  are  used  or  are  intended  to  be  used. 

Sec.  2;  No  person  shall  be  eligible  to  the  office  of  Build- 
ing Inspector  unless  he  shall  have  been  at  the  time  of  his  elec- 
tion, either  a  practical  builder,  civil  engineer,  house  carpenter 
or  brick  layer,  and  shall  have  been  actively  engaged  as  such  for 
at  least  seven  years.  The  Building  Inspector  shall,  before  en- 
tering upon  the  duties  of  said  office,  enter  into  bond  (")  with 
The  Mayor  and  Council  of  Wilmington  in  the  sum  of  four 
thousand  dollars,  with  one  or  more  sureties  approved  by  the 
Finance  Committee  of  The  Council,  which  said  bond  shall  be 
conditioned  for  the  faithful  performance  of  the  duties  of  his 


ORDINANCES.  837 

office.  Before  entering  upon  the  duties  of  his  said  office  he 
shall  be  required  to  make  and  subscribe  before  some  person 
authorized  by  law  to  administer  the  same,  the  following  oath 
or  affirmation : 

"I  do  solemnly  and  sincerely  swear  (or  affirm)  that  I  am  Oath. 
dul}^  qualified  by  law  to  act  as  Building  Inspector,  and  that  I 
will  faithfully,  impartially  and  truly  execute  and  perform  the 
duties  of  Building  Inspector  according  to  the  best  of  my  judg- 
ment and  ability."  (^) 

(a)  For  the  legal  meaning  of  the  phrase  "before  entering  upon  the 
duties  of  said  office ' '  see  the  case  of 

Pickering  vs.  Day,  2  Del.  Ch.  333  at  334.   (jr.  1866) 
See  Sec.   11  "a"  of  the  Charter. 

(b)  The  above  oath  is  not  sufficient.  The  jiroper  oath  for  "every 
officer  of  said  city"  to  take,  is  prescribed  by  the  Charter,  and  it  must  be 
taken. 

See  Sec.  5  of  the  Charter. 

Said  Building  Inspector  shall  receive  for  his  services  a  salary, 
salary  of  fifteen  hundred  dollars  ($1,500.00)  per  annum,  pay- 
able monthly,  and  an  additional  rate  of  twenty-five  dollars  per 
month  for  the  keeping  of  a  horse  and  equipments,  but  said  sum 
for  the  keeping  of  a  horse  and  equipments  shall  be  paid  only  Horse  for 
for  the  time  that  said  horse  and  equipments  are  in  the  actual  inspector 
service  of  the  Building  Inspector  while  said  Building  Inspec- 
tor is  engaged  in  the  performance  of  the  duties  of  his  office. 
He  shall  be  charged  with  the  inspection  of  buildings,  with  the 
enforcement  of  these  regulations,  and  with  such  other  duties 
in  respect  thereto  as  The  Council  may  from  time  to  time  assign 
to  him.    It  shall  be  his  duty  to  sign  and  issue  all  permits,  re-  i^^^ies. 
ports  and  notices  under  these  regulations,  to  keep  on  file  all  fn^  keep"on 
applications  and  notices  received,  to  keep  a  record  of  all  viola-  p|fc|[io,^s' 
tions  of  this  ordinance,  together  with  the  name  of  the  owner 
or  builder,  the  street  and  number  where  such  violations  are 
found,  as  well  as  all  matters  relating  thereto ;  keep  forms  or 
blanks  for  permits,  reports  or  notices.    He  shall,  at  the  end  of  fJl^ee's^coi-" 
each  month,  make  return  to  the  City  Treasurer  of  all  fees  col-  cft>^'Treas- 
lected  bv  him.    He  shall  make  a  daily  as  well  as  a  monthly  re-  "'■'^'*- 

.  .      Shall  make 

port  of  all  fees  collected  by  him,   to  the   Citv  Auditor,  said  daily  and 

.  .  ■  monthly  re- 

monthly  report  to  be  itemized  and  sworn  to,  and  he  shall  make  port  to  city 

Auditor. 

a  monthly  as  well  as  an  annual  report  of  all  business  trans- 


838 


ORDINANCES. 


Shall  not  be 
engaged  as 
contractor, 
&c.,  while 
Inspector. 


Shall  hold 
ofRce  until 
May,  1910. 


acted  by  his  office,  to  The  Council.  While  holding  the  office  of 
Building  Inspector  he  shall  not  be  engaged  as  a  contractor, 
architect  or  builder,  or  be  interested  in  the  sale  or  manufac- 
ture of  materials  used  in  the  construction  of  buildings.  The 
present  Building  Inspector  shall  continue  to  hold  office,  at  his 
present  salary,  until  the  first  stated  meeting  in  May,  A.  D. 
1910,  or  until  his  successor  is  duly  elected  and  installed,  and 
he  shall  perform  all  the  duties  prescribed  by  this  ordinance. 


Unlawful  to 
erect,  alter 
or  repair 
buildings  or 
parts  thereof 
without  a 
permit. 


Application 
shall  be 
made  in 
writing. 


Plans  and 
drawings 
shall  be  pre- 
sented with 
application. 


No  permit 
shall  be 
granted  un- 
less plans  are 
approved. 


FILING  PLxiNS. 

Sec.  3.  It  shall  be  unlawful  to  proceed  with  the  erection, 
enlargement,  alteration,  repair  or  removal  of  any  building  or 
part  thereof,  or  am^  platform  or  staging  to  be  used  for  stand- 
ing or  seating  purposes,  or  of  an}'  structure  within  the  mean- 
ing of  any  of  the  provisions  of  this  ordinance  unless  a  permit 
shall  first  be  obtained  from  the  office  of  Building  Inspector. 
Applications  for  permits  shall  be  made  in  writing  by  the 
OMTier  or  lessee,  or  the  contractor  employed  by  the  owner  or 
lessee,  and  shall  be  made  upon  forms  or  blanks  to  be  furnished 
for  that  purpose  by  the  office  of  the  Building  Inspector.  In  all 
cases  plans  and  drawings,  drawn  to  a  scale  of  not  less  than 
one-eighth  of  an  inch  to  the  foot,  on  paper  or  cloth,  in  ink  or 
by  some  process  that  will  not  fade  or  obliterate,  shall  be  pre- 
sented with  the  application  to  build,  alter  or  enlarge.  All  dis- 
tances and  dimensions  shall  be  accurately  figured  and  all 
drawings  made  plain  and  explicit.  No  permit  shall  be  granted 
or  plans  approved  unless  the  plans  and  the  application  accom- 
panying same  shall  be  stamped  and  approved  by  the  Building 
Inspector  with  his  signature,  and  no  permit  shall  be  granted 
unless  it  complies  Avith  the  provisions  of  this  ordinance. 


Applicant 
may  be  com- 
pelled to 
give  notice. 

Plans  shall 
remain  on 
file  until 
buildings 
are  com- 
pleted. 


The  Building  Inspector  may  require  any  applicant  for  a 
permit  to  give  notice  of  the  application  to  any  person  whose  in- 
terest may  be  affected  by  the  proposed  work.  Plans  and  speci- 
fications of  all  buildings  except  private  dwellings,  shall  remain 
on  file  at  the  office  of  the  Building  Inspector  until  after  the 
completion  and  occupation  of  the  building. 


change^"^  *°  Sec.  4.    It  shall  be  unlawful  to  erase,  alter  or  modify  any 

plans.  lines,  figures  or  colorings  contained  upon  any  such  clra'svings 


ORDINANCES.  839 

or  specifications  stamped  and  approved  by  the  Building  In- 
spector or  filed  with  him  for  reference.    If  during  the  progress  ^re'to  after " 
of  the  work,  it  is  desired  to  deviate  in  any  manner  from  the  |j|fgfv^fn 
application  and  plans  stamped  and  signed  by  the  Building  In-  writing, 
spector,  notice,  in  writing,  of  such  intention  must  be  given  and 
the  consent  of  the  Building  Inspector  must  be  obtained  "in 
writing,"  before  any  such  changes  are  made.    Provided,  that 
no  such  change  shall  be  made  except  it  conform  to  the  provi- 
sions of  this  ordinance. 

Sec.  5.    Permits  shall  be  granted  or  refused  within  fifteen  „ 

"  Permits 

davs  after  the  application  and  the  submission  of  the  plans  and  acted  upon 

^^  .  ^  .     within  flf- 

specifications.     Every  permit  shall  be  considered  cancelled  if  teen  daj's. 
active  work  is  not  commenced  within  the  period  of  six  months 

.  Work  to 

from  the  date  of  its  issue.     Ordinary  repairs  mav  be  made  commence 

.  "  within  SIX 

without  taking  out  a  permit,  but  such  repairs  shall  not  be  con-  months, 
strued  to  include  the  cutting  away  of  any  brick  or  stone  wall, 
or  any  portion  thereof,  the  removal  or  cutting  of  any  beam  or 
support ;  or  the  removal,  change  or  closing  of  any  stairway. 

Sec.  6.  The  fees  to  be  charged  by  the  Building  Inspector 
shall  be  as  follows :  For  every  new  building  to  be  erected  or 
old  building  enlarged,  altered  or  repaired,  if  the  cost  to  the 
owner  at  the  completion  thereof  amounts  to  five  hundred  dol- 
lars or  less,  the  fee  shall  be  one  dollar.  If  the  cost  at  the  com- 
pletion amounts  to  more  than  five  hundred  dollars  and  not 
more  than  one  thousand  dollars,  the  fee  shall  be  two  dollars, 
and  one  dollar  for  each  additional  thousand  dollars  or  fraction 
thereof,  of  cost  to  the  owner.  For  the  inspection  of  heating- 
apparatus  in  all  buildings  in  which  the  same  has  not  hereto- 
fore been  introduced  the  fee  for  inspection  shall  be  one  dollar. 
For  the  inspection  of  temporary  or  permanent  shelter  sheds 
the  fee  shall  be  two  dollars.  No  fee  shall  be  charged  for  a  per-  No  fee  for 
mit  for  any  National,  State,  County,  or  ^Municipal  Buildings,  buildings. 
or  any  of  the  departments  of  the  municipality  of  the  City  of 
Wilmington,  but  they  and  each  of  them  shall  be  subject  to  all 
the  other  provisions  of  the  ordinance. 


840 


ORDINANCES. 


Appeal. 


Taken  with- 
in fifteen 
days. 


If  from  or- 
der to  talte 
down  dan- 
gerous 
structure — 
within  two 
days. 


APPEALS. 

• 

Sec.  7.  Any  applicant  for  a  permit  from  the  Building 
Inspector  required  by  this  ordinance,  whose  application  has 
been  refused,  or  any  person  who  has  been  ordered  b}^  the  In- 
spector to  incur  any  expense,  may  appeal,  by  giving  notice  in 
writing  of  such  appeal.  If  the  appeal  shall  be  from  an  order 
refusing  a  permit,  it  shall  be  taken  within  fifteen  days  from 
the  refusal  of  such  permit  and  not  thereafter.  If  the  appeal 
is  from  an  order  to  take  down  or  remove  a  dangerous  wall  or 
walls  or  a  dangerous  building  or  structure  or  part  of  a  danger- 
ous building  or  structure  it  shall  be  taken  within  two  days 
from  the  issuing  of  such  order  and  not  thereafter.  In  comput- 
ing the  time  within  which  an  appeal  may  be  taken,  if  the  last 
day  shall  fall  on  a  Simday  or  on  a  legal  holiday,  the  appeal 
shall  be  taken  on  the  preceding  day. 


Notice.  Notice  of  appeal  may  be  given  by  leaving  the  same  at  the 

office  of  the  Building  Inspector. 


Person 
whose  prop- 
erty is  af- 
fected may 
appeal. 


Public 
Building 
Committee 
shall  hear 
appeals. 


Further  ap- 
peal to 
Mayor  by 
depositing 
thirty  dol-    . 
lars. 


Three  ex- 
perts ex- 
amine ap- 
peal and  de- 
cide. 


Sec.  8.  Any  person,  the  value  of  whose  property  may  be 
affected  by  work  done  or  to  be  done  under  any  permit  granted 
by  the  Building  Inspector  may  within  three  days  after  the 
commencement  of  the  work,  appeal  by  giving  notice  in  writing 
that  he  does  so  appeal.  All  cases  in  which  appeals  have  been 
taken  as  above  provided  shall  be  referred  to  the  Public  Build- 
ing Committee  of  City  Council  as  a  Board  of  Appeal.  The  said 
Board  of  Appeal  shall,  after  hearing,  direct  the  Building  In- 
spector to  issue  his  permit  under  such  conditions,  if  any,  as 
they  may  require,  or  to  withhold  the  same, 'or  to  make  such 
other  or  further  order  in  the  premises  as  the  board  may  see 
proper.  Provided,  that  should  any  party  aggrieved  object  to 
the  decision  of  the  Board  of  Appeals,  he,  she  or  they  may  fur- 
ther appeal  in  writing  to  the  Mayor  of  the  city  within  three 
days  of  the  decision  of  the  Board  of  Appeals,  specifying  in 
such  appeal  the  reasons  and  grounds  therefor,  and  accompany- 
ing the  same  by  the  sum  of  thirty  dollars.  The  JMayor  of  the 
city  shall  thereupon  appoint  three  disinterested  experts  who 
shall  be  either  master  builders,  engineers,  or  architects,  who 


ORDINANCES.  841 

^liall  within  such  time  as  the  Mayor  shall  specify,  carefully 
consider  such  appeal  and  make  decision  thereon. 

The  decision  of  any  two  shall  be  the  decision  of  the  com-  Ten  dollars 
mission.    They  shall  be  paid  for  their  services  ten  dollars  each.  pert. 

Sec.  9.     The  decision   of   the    Building  Inspector  unap-  Finality  of 

clGcisions. 

pealed  from  shall  be  final  and  conclusive.  The  decision  of  the 
Public  Building  Committee  of  City  Council  as  a  Board  of  Ap- 
peal, in  case  such  decision  is  not  appealed  from  as  above  pro- 
vided, shall  be  final  and  conclusive.  The  decision  of  the  exam- 
ining commission,  in  case  of  appeal  to  such  commission,  shall 
be  final  and  conclusive  when  certified  to  the  Building  Inspec- 
tor. Provided,  Jtowever,  that  no  commission  named  in  accord- 
ance with  this  ordinance  shall  have  power  or  authority  to  set 
aside  or  nullify  or  alter  any  of  the  provisions  herein,  or  order 
or  require  any  .permit  to  be  issued  for  a  building  to  be  con- 
structed otherwise  than  is  herein  required.  («) 

(a)  No  commission  or  person,  of  course,  could  change  the  above  or- 
dinance. Sec.  31  of  the  Charter  prohibts  even  the  Council  from  passing 
a  special  ordinance.     See  the  case  of 

Gray  vs.  Baynard,  5  Del.  Ch.  499  at  502.   (yr.  1883) 

Sec.  10.    All  buildings  hereafter  erected  or  altered  in  the  Division 
City  of  Wilmington,  except  such  as  are  hereinafter  provided  be  hard  non- 

^      '      1     11    1  -1  T    •    ■  n  T       „  combustible 

tor,  shall  have  all  outside  or  division  walls  constructed  of  material, 
stone,  brick,  iron  or  other  hard  non-combustible  material, 
properly  bonded  and  solidly  put  together,  all  the  said  walls 
shall  be  built  to  a  line  and  carried  up  plumb  and  straight,  and 
the  several  component  parts  of  such  buildings  shall  be  con- 
structed in  such  .manner  as  herein  provided. 

FOUNDATIONS. 

Sec.  11.    The  foundation  walls  of  all  buildings,  excepting  Foundation 
those  that  are  erected  on  wharves  or  wharf  piers  on  a  water  ^h^n^three*^^^ 
front,  shall  be  laid  not  less  than  three  feet  below  the  exposed  surface"^ 
surface  of  the  earth  on  solid  ground  or  level  surface  of  rock. 
Where  solid  earth  or  rock  is  not  obtainable,  the  said  walls  may 
be  supported  by  a  foundation  of  wooden  piles  or  caissons  filled 
Avith  concrete  or  such  other  foundations  as  the  Building  In-  foncfete. 
spector  shall  direct.    Piles  intended  to  support  a  wall,  pier  or 


842 


ORDINANCES. 


Size  of  pil- 
ing. 


Piling  shall 
be  cut  off 
below  water 
line. 


Size  of  rang- 
ing and  cap- 
ping timbers. 


post  shall  be  spaced  not  more  than  thirty-six  or  less  than 
twenty  inches  on  centres,  and  they  shall  be  driven  to  a  solid 
bearing,  if  practicable  to  do  so.  No  pile  shall  be  used  of  less 
dimensions  than  five  inches  at  the  small  end  and  ten  inches  at 
the  butt  for  short  piles,  or  piles  twenty  feet  or  less  in  length, 
and  twelve  inches  at  the  butt  for  long  piles  or  piles  more  than 
twenty  feet  in  length.  No  pile  shall  be  weighted  with  a  load 
exceeding  forty  thousand  pounds,  and  the  tops  of  all  piles 
shall  be  cut  off  below  the  lowest  water  line.  When  required, 
concrete  shall  be  rammed  down  in  inter-spaces  between  the 
heads  of  the  piles  to  a  depth  and  thickness  of  not  less  than 
twelve  inches  and  for  one  foot  in  width  outside  of  the  piles. 
When  ranging  and  capping  timbers  are  laid  on  piles  for  foun- 
dations they  shall  be  of  hard  wood  not  less  than  six  inches 
thick  and  properly  joined  together,  and  their  tops  laid  below 
the  lowest  water  line. 


Limit  of  load 
on  certain 
soils. 


No  founda- 
tion on  soil 
containing 
organic 
matter. 


Base  course 
of  concrete. 


Size. 


Sec.  12.  Foundations  of  other  materials  than  piles  shall 
be  so  proportioned  that  the  loads  upon  the  soil  shall  not  ex- 
ceed the  limits  for  the  different  kinds  of  soil  than  herein  given, 
to  wit :  sand  and  loose  gravel,  three  and  one-half  tons  per 
square  foot ;  dry,  hard  clay,  three  and  one-half  tons  per  square 
foot ;  cemented  gravel,  six  tons  per  square  foot ;  for  soils  other 
than  those  above  specified,  the  loads  to  be  determined  by  the 
Building  Inspector.  No  foundation  shall  be  laid  on  any  soil 
containing  organic  matter.  The  footing  or  base  course  shall  be 
of  stone  or  concrete,  or  both,  or  steel  beams  bedded  in  concrete, 
or  concrete  and  stepped-up  brickwork;  all  of  the  said  footing 
or  base  courses  to  be  of  sufficient  thickness,  breadth  and 
strength  to  safely  bear  the  weight  to  be  imposed  thereon.  If 
the  footing  or  base  coarse  be  of  concrete,  the  concrete  shall  not 
be  less  than  twelve  inches  thick ;  if  of  stone,  the  stones  shall  be 
laid  edge  to  edge,  and  shall  not  be  less  than  two  by  three  feet, 
and  at  least  eight  inches  in'  thickness  for  walls,  and  ten  inches 
in  thickness  for  piers  or  columns.  If  stepped-up  footings  of 
brick  are  used  in  place  of  stone  above  the  concrete,  the  offsets 
shall  be  laid  in  single  courses,  and  shall  not  exceed  one  and 
one-half  inch,  starting  with  the  brickwork,  covering  the  entire 
width  of  the  concrete. 


ORDINANCES.  843 

If  steel  beams  or  rails   are   used   for    a    footiim-  or  base  ^^'i^^  beams 

^  and  rails 

course,  thev  must  be  thoroughly  embedded  in  concrete,  the  in- J""st  be  em- 

'  "  =>      ^  y  .    bedded  in 

gredients  of  which  must  be  such  that  after  proper  ramming  concrete, 
the  interior  of  the  mass  will  be  free  from  cavities ;  the  beams 
or  rails  must  be  entirely  enveloped  in  concrete,  and  around  the 
exposed  external  surfaces  of  such  concrete  there  must  be  a 
coating  of  cement,  of  standard  quality,  at  least  one  inch  thick ; 
this  concrete,  and  all  concrete  in  contact  with  metal  work,  shall 
be  made  of  Portland  cement,  and  the  broken  stone  used  shall  Limestone 
not  be  limestone  of  anv  character.  shall  not  be 

used. 
FOUNDATION  WALLS. 

All  foundation   walls   and  cellar  walls   shall  be  built  of  waus!^^"°"- 
stone,  brick  or  Portland  cement  concrete,    if   constructed   of 
stone  or  concrete,  they  shall  be  at  least  six  inches  thicker  than  ^'^®' 
the  wall  next  above  them  to  a  depth  of  twelve  feet  below  said 
wall,  and  shall  be  increased  six  inches  in  thickness  for  every 
additional  ten  feet  in  depth  below  the  said  twelve  feet ;  and  if 
of  brick,  they  shall  be  at  least  four  inches  thicker  than  the  wall 
next  above  them  to  a  depth  of  twelve  feet  below  the  said  w^all, 
and  shall  be  increased  four  inches  in  thickness  for  every  ten 
feet  below  the  said  twelve  feet.    If  there  be  cellars  or  excava-  ceiiar  walls, 
tions,  foundation  walls,  except  in  dwelling  houses,  shall  start 
at  least  twelve  inches  below  the  cellar  bottom.     Foundation 
walls  for  dwellings,  private  stables  and  carriage  houses,  and 
buildings  of  a  similar  light  character,  if  of  stone,  shall  not  be 
less  than  eighteen  inches  thick. 

STONE  W^VLLS. 

Require- 
All  stone  walls  twenty-four  inches  or  less  in  thickness  ^on?wlifs° 
shall  have  at  least  one  header  extending  through  the  wall  in 
every  three  feet  in  height  from  the  bottom  of  the  wall,  and  in 
every  three  feet  in  length,  and  if  over  twentj'-four  inches  in 
thickness  shall  have  one  header  for  every  six  suprficial  feet  on 
both  sides  of  the  wall,  laid  on  top  of  each  other  to  bond  to- 
gether, all  headers  shall  consist  of  good  flat  stones.     Stones 

^  '  ^  .    .  stones  must 

shall  be  firmlv  bedded  in  mortar  and  all  spaces  and  joints  thor-  be  in  mor- 
tar. 
oughh'  filled. 


844 


ORDINANCES. 


Certain 
foundations 
may  be  laid 
in  lime 
mortar. 


Exception. 


Foundation  M'alLs  of  dwellings,  private  stables  and  car- 
riage houses,  and  buildings  of  a  similar  light  construction  may 
be  laid  in  lime  mortar.  The  foundation  walls  of  all  other 
buildings  shall  be  laid  in  cement  mortar;  provided,  that  this 
section  shall  not  be  construed  to  prohibit  the  use  of  cement  and 
lime  mortar,  when  in  the  judgment  of  the  Building  Inspector 
the  nature  of  the  construction  may  permit  of  its  use. 


Concrete  or 
mortar. 


CONCRETE  AND  MORTAR. 

It  shall  be  unlawful  to  use  concrete,  or  mortar 
the  ingredients   of  which   are  not  thoroughly 


Proportions 
of  cement 
mortar. 


Sec.  13. 
of   any  kind, 

mixed,  and  which  are  not  free  from  lumps  or  other  unmixed 
portions  of  any  of  the  ingredients.  Cement  mortar  shall  be 
made  of  sand  and  cement  in  the  proportions  of  not  more  than 
three  parts  of  sand  to  one  part  of  cement,  and  shall  be  used  im- 
mediately after  mixing.  Cement  and  lime  mortar  shall  be 
made  of  one  part  lime,  one  part  cement,  and  three  parts  sand 
Lime  mortar,  to  cacli.  Jjime  mortar  shall  be  made  of  not  more  than  four 
parts  of  sand  to  one  part  of  fresh-burnt  lime,  and  shall  not  be 
used  before  being  thoroughly  slaked.  Concrete  for  footings 
and  foundations  shall  be  made  of  one  part  cement,  two  parts 
of  sand  and  five  parts  of  small,  clean,  broken  stones.  Cement 
used  in  all  the  said  mortars  and  concrete  shall  be  Portland,  or 
other  equally  good  quality ;  the  sand  shall  be  clean  and  sharp 
and  free  from  earthy  matter. 


Portland  ce- 
ment must 
be  used. 


Minimum 
thickness  of 
brick  walls 
for  business 
manufactur- 
ing and  pub- 
lic build- 
ings. 


MINIMUM  THICKNESS  OF  BRICK   WALLS  FOR  BUSINESS^  MANUFAC- 
TURING  AND   PUBLIC    BUILDINGS. 

Sec.  14.  The  thickness  of  brick  walls  for  business,  manu- 
facturing and  public  buildings,  seventy-five  to  one  hundred 
and  twenty-five  feet  long  by  twenty-six  feet  or  less,  clear  span, 
shall  not  be  less  than  the  number  of  inches  in  the  following 
table : 


ORDINANCES. 


845 


One -story  . 
Two-story.. 
Three-story 
Four-story . 
Five -story  ., 
Six-story.... 
Seven-story 
Eight-story. 


■*r> 

TS 

13 

JS 

A 

iJS 

J3 

c 

•«rH 

c^ 

^ 

^ 

tri 

vo 

t^ 

13 

13 

13 

18 

13 

13 

18 

18 

13 

13 

22 

18  i  18 

13 

13 

i  22 

22     18 

18 

13 

13 

26 

22  1  22 

18 

18 

13 

13 

26 

26 

22 

22 

18 

18 

13 

00 


13 


For  buildings  of  the  same  character,  less  than  seveuty-tive 
feet  long;  also,  hotels,  apartment  and  tenement  houses,  the 
thickness  of  the  walls  may  be  reduced  by  making  the  three  up- 
per stories  thirteen  inches  thick,  and  following  from  that 
down  to  tlte  lowest  story  in  the  same  sequence  as  in  the  above 
table.  Xon-bearing  walls  of  buildings,  hereinbefore  in  this 
section  specified,  ma^'  be  four  inches  less  in  thickness.  Pro- 
vided, however,  that  none  are  less  than  thirteen  inches  thick 
except  as  hereinafter  specified.  If  there  is  to  be  a  clear  span 
of  over  twenty-six  feet  between  walls,  the  bearing  walls  shall 
be  four  inches  more  in  thickness  than  is  in  this  section  specified, 
for  every  thirteen  feet  or  fraction  thereof,  the  said  walls  are 
more  than  twenty-six  feet  apart;  all  buildings  over  one  hun- 
dred and  twenty-five  feet  in  length  of  depth,  without  a  cross 
wall  or  proper  piers  or  buttresses,  shall  have  the  side  or  bear- 
ing walls  increased  in  thickness  four  inches  more  than  is  speci- 
fied, for  every  seventy-five  feet  or  fraction  thereof  that  said 
walls  are  over  one  hundred  and  twenty-five  feet  in  length. 
The  amount  of  materials  elsewhere  herein  specified  may  be 
used  in  either  piers  or  buttresses,  but  no  curtain  wall  between 
such  pier  or  buttresses  shall  be  less  than  thirteen  inches  thick. 
Walls  surrounding  stairs,  elevator  shafts,  fire  escapes  and  rounding^ ' 
light  walls,  if  of  brick  shall  not  be  less  than  eight  inches  thick ;  sha?ts°  fire 
but  they  shall  be  increased  in  thickness,  with  the  increase  in  ^^'^^p*^^-  '^'^• 
height,  to  a  sufficient  extent  to  keep  the  load  on  the  brick  work 
within  the  maximum  load  elsewhere  herein  specified.  Nothing 
in  this  section  shall  be  construed  to  prevent  the  erection  of 


846 


ORDINANCES. 


of l^framl^-    ^^S^^^  wells,  Constructed  of  a  framework  of  iron  or  steel,  filled 

work  of  iron    {^  ^yjth  glaSS. 
or  steel.  = 


Require- 
ments as  to 
height  of 
stories. 


HEIGHT  OF  STORIES. 

Sec.  15.  The  height  of  stories  for  all  given  thicknesses  of 
walls  must  not  exceed  eleven  feet  in  the  clear  for  basement, 
eighteen  feet  in  the  clear  for  the  first  story,  fifteen  feet  in  the 
clear  for  the  second  story,  fourteen  feet  in  the  clear,  average 
height,-  for  any  upper  story ;  and  if  any  story  exceeds  these 
heights,  respectively,  the  walls  of  such  story  and  all  the  walls 
below  the  same  shall  be  increased  four  inches  in  thickness,  ad- 
ditional to  the  thickness  alreadv  mentioned. 


stores,  ware- 
houses or 
factories 
having  over 
26  feet  clear 
span. 

Iron  or  steel 
girders  may 
be  used. 


PUBLIC    BUILDINGS,     STORES,     WAREHOUSES    OR    FACTORIES     OVER 
TWENTY-SIX   FEET    CLEAR   SPAN. 

Sec.  16.  Stores,  warehouses  and  factories  over  twenty-six 
feet,  clear  span,  shall  have  the  floors  carried  on  brick  partition 
walls,  or  girders  supported  by  columns  of  wood  or  iron,  or 
piers  of  masonry.  Iron  or  steel  trusses  or  girders  may  be  used : 
Provided  the  supporting  walls  are  increased  in  thickness  by 
the  addition  of  piers  or  buttresses  to  a  sufficient  extent  to  keep 
the  load  on  the  brickwork  within  the  maximum  load  elsewhere 
herein  specified. 


Walls  shall  ^^^-  1^-    ^^  ^^  ^ase  shall  any  wall  or  walls  of  any  build- 

ried'ifp^more  ^^o  ^^  Carried  up  more  than  one  story  in  advance  of  any  other 
ston''in\d-  ^^'^11  without  the  permission  of  the  Building  Inspector.  The 
other  waHs^  front,  rear,  side  and  party  walls  should  be  properly  bonded 
together,  or  anchored  to  each  other,  every  six  feet  in  their 
height,  by  wrought  iron  tie  anchors  not  less  than  one  and  one- 
half  inches  by  three-eights  of  an  inch  in  size.  The  said  anchors 
shall  be  built  into  the  side  or  party  walls  not  less  than  sixteen 
inches,  and  into  the  front  and  rear  walls  so  as  to  secure  the 
front  and  rear  walls  to  the  side  or  party  walls  when  not  built, 
and  bonded  together. 


Bonding 


Brick  walls. 


BRICK  WALLS. 


Sec.  18.  In  brick  walls,  at  least  every  seventh  course  of 
brick  shall  be  a  heading  course,  except  where  walls  are  faced 
with  face  brick,  in  which  case  at  least  every  seventh  course 


ORDINANCES.  847 

shall  be  bonded  with  Flemish  headers,  or  by  cutting  the  cor- 
ners of  the  face  brick  and  putting  diagonal  headers  behind  the 
same,  or  iron  ties.    In  all  buildings  where  the  walls  are  built 
hollow  the  same  amount  of  brick  or  stone  wall  shall  be  used  in  ^°|}s'^' 
their  construction  as  if  they  were  solid,  as  heretofore  set  forth, 
and  no  hollow  bearing  walls  shall  be  built  unless  the  two  walls 
forming  the  same  shall  be  connected  by  proper  ties  of  the  same 
material  as  the  walls,  or  stone  or  iron,  placed  not  over  two  feet 
apart.    The  inside  four  inches  of  all  walls  may  be  built  of  hard 
burnt  hollow  clay,  or  porous  terra-cotta,  blocks  properly  tied  and  ?^.i^Jf^' 
and  bonded  into  the  walls  and  of  the  dimensions  of  ordinary  "^^"^  blocks, 
brick. 

All  walls  of  brick  shall  be  thorouo-hly  bonded  and  solidly  Brick  waiis 

■-      ''  •'  must  be 

.put  together,  and  shall  be  built  to  a  line,  plumb,  level  and  bonded, 
straight ;  all  bricks  to  be  laid  and  bedded  with  well  filled  joints. 
Ever}'  course  when  laid  shall  have  the  joints  well  Hushed  up ; 
all  bed  joints  not  covered  are  to  be  struck.    The  brick  walls  be-  -ggj^^  ^^^.^ 
low  the  curb  level  of  all  buildings,  other  than  dwellings  and  Jevei  must 

^   '  _  ° .        .      be  laid  m 

buildings   of   a   similar  light   construction,   shall   be   laid   in  cement, 
cement  mortar.     Piers  built  for  the  support  of  any  column, 
post  or  wall  shall  be  laid  in  cement  mortar:     Provided,  that  „ 

^  '  Exception. 

this  section  shall  not  be  construed  to  prohibit  the  use  of  cement 
and  lime  mortar,  when  in  the  judgment  of  the  Building  In- 
spector the  nature  of  the  construction  may  permit  its  use.  The 
brick  used  in  all  buildings  of  this  character  shall  be  good,  hard, 
well  burned  and  well  shaped  brick. 

THE  BUILDING  INSPECTOR. 

Sec.  19.    The  Building  Inspector  shall  upon  the  applica-  sp^cto"^ 
tion  of  any  owner  or  owners  of  any  buildings  or  their  author-  IxfEthig'^*^^ 
izecl  agents,  or  upon  the  application  of  any  person  or  persons  ^^^p^' add|! 
about  to  erect  any  new  building  or  buildings,  examine  any  or  be  erected." 
all  existing  party  or  division  walls,  and  if  they  are  deemed  by 
the  Inspector  to  be  defective,  out  of  repair,  or  insufficient  and 
unfit  for  the  purpose  of  the  old  building  existing  upon  the  ad- 
joining premises,  or  of  the  new  buildings  about  to  be  erected, 
such  party  or  division  wall  or  walls  shall  be  repaired  or  made 
good  or  taken  down  by  the  parties  building,  as  the  Inspector's 


848  ORDINANCES. 

decision  ma-y  be.  In  every  case  where  such  wall  or  walls  are 
waHs^*^'^^  defective,  out  of  repair,  or  insufficient  for  the  purpose  of  the 
buildings  there  existing  upon  the  ad.joining  premises  and 
using  the  same,  the  cost  or  expense  of  such  repair  or  removal, 
together  with  the  expense  of  the  new  wall  or  walls  to  be  erected 
in  lieu  thereof,  shall  be  borne  and  paid  by  the  owner  of  said 
buildings  upon  the  adjoining  premises  and  the  party  erecting 
ExpeiiVe.'^  the  new  buildings  in  proportion  to  the  amount  of  such  wall  or 
walls  which  is  or  shall  be  respectively  used  by  their  said  build- 
ings ;  and  in  every  case  where  such  wall  or  walls  are  defective, 
out  of  repair,  or  insufficient  only  for  the  purpose  of  the  new 
buildings,  the  cost  and  the  expense  of  such  repair  or  removal, 
together  with  the  expense  of  the  new  wall  or  walls  to  be  erected 
in  lieu  thereof,  shall  then  be  borne  and  paid  exclusively  by  the 
parties  erecting  the  new  buildings,  and  they  shall  also  in  such 
case  make  good  all  damages  occasioned  thereby  to  the  adjoin- 
ing premises. 

OliD  PARTY  WALLS. 

Old  party  Sec.  20.    Walls  heretofore  built  for  or  used  as  partv  walls 

walls  may  be  .  .  ^     ,     • 

used  if  whose  thickness  at  the  time  of  their  erection  was  m  accordance 

height  is  not        -i,  •  pti  --i  i  t  •   ^ 

increased.  With  the  requirements  of  the  then  existing  laws,  but  which  are 
not  in  accordance  with  the  requirements  of  this  ordinance, 
may  be  used,  if  in  good  condition,  for  the  ordinary  use  of 
party  walls :  Provided,  the  height  of  the  same  be  not  in- 
creased. In  case  it  is  desired  to  increase  the  height  of  the  ex- 
Manner  in  .  .  .  1  •  ,  1  "  •  1  •  1 
which  height  istiug  party  or  independent  wails,  which  are  less  m  thickness 

may  be  in-  --iti-t  it 

creased.  than  required  under  this  ordinance,  the  same  may  be  done  with 
a  lining  of  brickwork  to  form  a  combined  thickness  with  the 
old  walls  of  not  less  than  four  inches  more  than  the  thickness 
required  for  a  new  wall,  corresponding  with  the  total  height 
of  the  wall  when  so  increased  in  height. 

The  said  lining  shall  be  supported  on  proper  foundations 
lining."^^^  °  aud  Carried  up  to  such  a  height  as  the  Building  Inspector  may 
require.  No  lining  shall  be  less  than  nine  inches  in  thickness 
and  all  lining  shall  be  laid  up  in  cement  mortar,  and  thor- 
oughly anchored  to  the  old  brick  walls  with  suitable  wrought 
iron  anchors,  placed  two  feet  apart,  and  properly  fastened  or 
driven  into  the  old  walls  in  rows,  alternating  vertically  and 


ORDINANCES.  849 

horizontally  with  each  other;  the  old  walls  being  first  cleaned 
of  plaster  and  other  coatings  where  any  lining  is  to  be  built 
against  the  same.    In  all  cases  where  there  is  such  increase  of  qm  walls °^ 
walls  a  new  foundation  shall  be  built,  in  such  manner  as  to  J'^^J^^^^^j^^j^"^ 
carry  jointly  both  the  new  and  old  walls,  and  the  soil  under 
such  foundation  shall  not  be  loaded  beyond  the  limits  else- 
where herein  specified.    This  section  shall  not  be  construed  to 
prohibit  the  raising  of  the  party  walls  in  dwellings  an  addi-  ^ans  maybe 
tional  story,  if  upon  inspection  the  walls  are  found  good,  and  raised, 
the  load  on  the  brickwork  is  within  the  maximum  elsewhere 
herein  specified. 

RECESSES    IN   WALLS. 

Sec.  21.  No  recess  shall  be  made  in  any  wall  more  than  Recesses  in 
one-third  of  its  thickness.  Recesses  for  alcoves  shall  not  ex- 
ceed eight  feet  in  width,  and  shall  b^  arched  over  and  not  car- 
ried up  higher  than  eighteen  inches  below  the  floor  next  above. 
The  aggregate  area  of  recesses  in  any  wall  shall  not  exceed 
one-fourth  of  the  whole  area  of  the  face  of  the  wall  on  any 
storj^,  nor  shall  any  such  recesses  be  made  within  a  distance  of 
six  feet  of  any  other  one  in  the  same  wall.  If  there  be  stone 
ashlar  used  for  the  facing  of  any  building,  the  said  stone  ash- 
lar, if  three  inches  thick  or  less,  shall  not  be  reckoned  in  the 
thickness  of  the  wall.  All  stone  used  for  the  facing  of  any 
building  except  where  alternate  headers  and  stretchers,  shall 
be  strongly  anchored  with  iron  anchors  set  in  each  stone  at 
least  one  inch.  This  section  shall  not  be  construed  as  to  pre- 
vent chases  for  water,  soil  or  heat  pipes  in  nine  inch  brick 
walls,  when  said  brick  walls  do  not  exceed  twenty  feet  in 
height. 

MINIMUM  THICKNESS  OF  BRICK  WALLS  FOR  PRIVATE  DWELL- 
INGS,   ETC. 

Sec.  22.     The  minimum  thickness  for  all  brick  walls  of  Minimum 

thickness  of 

private  dwellings,  private  stables  and  carriage  hoiises,  shall  be  l^'J^i^  ^aiis 

^  .  o  ?  foj.  piivate 

as  follows :    All  such  buildings  with  a  floor  area  on  any  floor  dwellings, 

"  •  etc. 

of  eight  hundred  square  feet  or  less,  provided  the  height  of 
said  building  does  not  exceed  36  feet,  shall  be  constructed  with 
external  and  party  or  division  walls  at  least  9  inches  in  thick- 


850  ORDINANCES. 

ness.  If  the  floor  area  on  any  floor  is  more  than  eight  hnn- 
dred  square  feet  and  less  than  fourteen  hundred  square  feet, 
and  the  height  of  the  building  does  not  exceed  38  feet,  all  the 
walls  shall  be  13  inches  in  thickness  to  the  second  floor  joists. 
If  the  floor  area  on  anj^  floor  is  fourteen  hundred  square  f<3et 
and  less  than  eighteen  hundred  square  feet,  and  the  height  of 
the  building  does  not  exceed  38  feet,  all  the  walls  shall  be  at 
least  thirteen  inches  in  thickness  to  the  third  floor  joists.  If  the 
floor  area  on  any  floor  exceeds  eight  hundred  square  feet,  all 
the  walls  shall  be  at  least  13  inches  in  thickness  the  entire 
height.  The  Building  Inspector  shall  have  authority  to  in- 
crease the  thickness  of  any  of  the  walls  herein  specified,  if  in 
his  judgment  the  nature  of  the  construction  requires  it  to  be 
done. 

All  walls  shall  be  squared  up  thirteen  inches  thick,  with 
hard  burned  brick,  to  the  top  of  the  first  floor  joists.  No  soft 
or  salmon  brick  shall  be  used  in  the  exposed  walls  of  any  build- 
ing described  in  this  section.  Party  walls,  if  built  of  stone, 
shall  be  at  least  eighteen  inches  thick.  The  party  walls  of  all 
ston^party^  buildiugs  shall  be  built  up  and  extended  at  least  ten  inches 
'^'^^^^-  above  the  roof,  and  be  corbelled  out  at  least  two  inches  beyond 

all  projections  and  cornices  with  solid  masonry.  Where  the 
Mansard  ^'00^  i^  mansard  (unless  the  same  is  constructed  of  fireproof 
roofs.  material  throughout),  the  lower  slope  of  said  wall  shall  extend 

at  least  six  inches  distant  and  parallel  with  the  roof  covering, 
and  be  corbelled  out  at  least  two  inches  beyond  the  outer  edge 
of  all  projections  with  solid  jnasonry.  All  party  walls  shall  be 
coped  with  stone  or  metal  or  other  hard  incombustible  material. 

„  ,.  Sec.  23.     In  all  dwellings  hereafter   erected   the   cellars 

Cellars  un-  ° 

der  whole       shall  extend  underneath  the  whole  house  and  be  ventilated 

house. 

from  both  ends.  The  bottom  of  all  cellars  shall  be  covered 
Bottom  of      ^^rith  concrete  at  least  two  inches  thick,  or  such  material  as 

cellars  shall  ' 

be  concreted,  shall  be  approved  by  the  Building  Inspector. 


Open  space  Every  such  new  dwelling  house  shall  have  an  open  space 

attached  to  it  m  the  rear  or  at  the  side  equal  to  two  hundred 
square  feet  of  clear  space,  unobstructed  by  any  overhanging 
structure. 


ORDINANCES.  851 

CHIMNEYS  AND  FLUES. 

Chimneys 

Sec.  24.     In  buildings  hereafter  erected,  altered  or  re-  ^^^  fl"^^- 
paired,  all  chimneys  shall  be  built  of  brick,  stone  or  other  in- 
combustible material.    Brick  chimneys  shall  have  walls  at  least 
nine  inches  thick,  unless  terra  cotta  flue  linings  are  used,  in 
which  case  four  and  one-half  inches  of  brickwork  may  be  omit- 
ted.   All  chimneys  or  smoke  flues  shall  have  a  wall  nine  inches  Thickness 
thick  at  the  back,  and  when  corbelled  out  shall  be  supported  °^  waiis. 
by  at  least  five  courses  of  brick,  and  if  supported  by  piers,  the 
same  shall  start  from  the  foundation  on  the  same  face  with  the 
breast  above. 

All  chimneys  shall  be  bonded  to  the  walls  at  every  course  s^au  be^^ 
from  the  bottom  to  the  top.    The  inside  of  all  brick  flues  shall  I^?j^'][|f*^  *° 
be  built  of  hard  burnt  brick  and  have  struck  joints,  except 
when  lined  with  terra  cotta.    All  chimnej-s  shall  be  topped  out 
at  least  three  feet  from  the  top  of  the  roof  at  point  of  contact 
if  a  flat  roof,  and  at  least  two  feet  above  the  ridge  of  a  pitched 
roof.    No  chimney  in  any  building  already  erected  or  hereafter 
to  be  built  shall  be  cut  off  below,  in  whole  or  in  part,  and  sup- 
ported by  wood,  but  shall  be  wholly  s.upported  by  stone,  brick 
or  iron,  and  all  chimneys  in  any  building  already  erected  or 
hereafter  to  be  erected,  which  shall  be  dangerous  in  any  man- 
ner whatever,  shall  be  repaired  and  made  safe  or  taken  down. 
No  wood  furring  shall  be  used  against  or  around  any  chimney, 
but  the  plastering  shall  bo  directly  on  the  masonry  or  on  the  ^hau  be  used 
metal  lathing.    Flues  of  ranges  and  boilers,  and  other  similar  afound^  °^ 
flues  shall  have  the  outside  exposed  to  the  height  of  the  ceiling,  chimneys, 
or  be  plastered  to  the  bricks. 

FIREPLACES  AND  HEARTHS  HOW  CONSTRUCTED. 

Sec.  25.  All  hearths  shall  be  supported  bv  trimmer  arches  construction 

^^  _     •  of  fireplaces, 

of  brick,  stone,  iron  or  concrete,  or  be  of  single  stone  at  least 

six  inches  thick,  built  into  the  chimney  and  supported  by  iron 
beams,  one  end  of  which  shall  be  securely  built  into  the  ma- 
sonry of  the  chimney  or  an  adjoining  Avail,  or  which  shall 
otherwise  rest  upon  incombustible  support.  The  brick  jambs 
of  every  fireplace  or  grate  opening  shall  be  at  least  nine  inches  width. 
wid&  each,  and  the  backs  of  such  openings  shall  be  at  least  nine 


852 


ORDINANCES. 


Portable 
ranges  shall 
be  on  brick, 
&c. 


inches  thick.  All  hearths  and  trimmer  arches  shall  be  at  least 
twelve  inches  longer  on  either  side  than  the  width  of  such 
opening,  and  at  least  eighteen  inches  wide  in  front  of  the  chim- 
ney breast.  Brickwork  over  fireplaces  and  grate  openings  shall 
be  supported  by  iron  bars  or  brick  or  stone  arches.  All  brick- 
set  or  portable  ranges  shall  be  set  on  hearths  of  brick,  slate  or 
cement,  the  said  heartlis  to  extend  at  least  twelve  inches  be- 
yond the  face  of  the  range.  No  brick-set  or  portable  range,  or 
heating  apparatus  of  any  kind,  shall  be  set  against  a  wood  or 
lath  and  plaster  partition. 


How  stove 
pipes  may 
enter  flues. 


Furnaces, 
boilers  and 
smoke  pipes. 


HOW   STOVE    PIPES    MAY    ENTER   FLUES. 

Sec.  26.  No  stove  pipe  in  any  building  with  combustible 
floors  and  ceilings  shall  hereafter  enter  any  flue  nearer  than 
twelve  inches  from  the  floor  or  ceiling,  and  in  all  cases  when 
smoke  pipes  pass  through  the  stud  or  wooden  partitions,  floors 
or  roof,  whether  plastered  or  not,  they  shall  be  guarded  by 
either  a  double  collar  or  metal,  with  at  least  two  inches  of  air 
space  all  around  and  holes  for  circulation  of  air,  or  by  a  soap- 
stone  ring  or  solid  casting  of  plaster  of  paris,  not  less  than 
three  inches  in  thickness,  and  extending  through  the  partition, 
or  by  an  earthenware  ring  one  inch  from  the  pipe  at  every 
joint. 

FURNACES,   BOILERS   AND   SMOKE    PIPES. 

Sec.  27.  In  all  cases  where  hot  water,  steam,  hot  air  or 
other  furnaces  are  used  the  top  of  the  furnace  and  smoke  pipe 
shall  be  at  least  eighteen  inches  below  the  joists  or  ceiling 
above  the  same  unless  said  joists  or  ceiling  shall  be  properly 
protected  by  a  shield  of  metal  plate  suspended  above  the  said 
pipe  with,  at  least  three  inches  of  space  for  the  free  circulation 
of  air  above  and  beloAv  the  said  shield,  in  which  case  the  smoke 
pipes  shall  be  kept  at  least  ten  inches  from  the  aforesaid  joists 
or  ceiling;  no  boiler  to  be  used  for  steam  or  motive  power,  and 
no  furnace  shall  be  placed  on  any  floor  above  the  cellar  floor 
unless  the  same  is  set  on  non-combustible  beams  and  arches,  or 
an  incombustible  platform,  and  in  no  case  without  a  permit 
from  the  Building  Inspector. 


ORDINANCES.  853 

HOT  AIR  REGISTER  AND  FLUES. 

Sec.  28.    All  hot  air  registers  set  in  the  floor  of  any  build-  isters  must 

b©  set  in. 

ing'  shall  be  set  in  a  border  of  soapstone  or  other  fireproof  ma-  soapstone, 

terial,  and  all  floor  or  register  boxes  to  be  made  of  sheet  metal 

with  flange  on  top  to  fit  the  groove  in  the  border,  the  regnster 

to  rest  upon  the  same,  and  there  shall  also  be  an  open  space  of 

two  inches  on  all  sides  of  the  register  box,  extending  from  the 

under  side  of  the  ceiling  to  the  border  of  the  floor,  the  outside 

of  the  space  to  be  covered  with  a  casing  of  metal  made  tight 

on  all  sides,  and  to  extend  from  the  under  side  of  the  aforesaid 

ceiling  up  to  and  turn  under  the  said  border.    No  tin  or  metal  Tin  or  metal 

n  i<  •  •  •  1  f  •       1     flues  of  a 

flue  or  flues,  pipe  or  pipes,  or  register  box  or  boxes  oi  a  single  thickness 
thickness  of  metal,  used  and  intended  to  convey  .heated  air  inmittedun- 
any  building  hereafter  to  be  built,  altered  or  repaired,  shall  be  the  waii. 
allowed,  unless  the  same  be  built  in  a  Avail  of  brick  or  stone. 
In  all  other  cases,  the  said  flue  or  flues,  pipe  or  pipes,  register 
box  or  boxes,  shall  be  made  double ;  that  is,  two  pipes,  one  in- 
side the  other,  at  least  one-half  inch  apart,  or  covered  with 
wire  lathing,  and  the  studding  covered  with  tin  or  other  fire- 
proof material,  so  as  to  be  thoroughly  fireproof.     Provided, 
that  it  shall  not  apply  to  pipes  leading  from  a  heater  to  the  hot 
air  flue.    No  wood  furring  or  lath  shall  be  placed  against  any 
flue,  metal  pipe,  or  pipes,  used  to  convey  heated  air  or  steam 
in  any  buildins-.     No  permanent  or  stationarv  heating  appa-  ^,     ,  ,. 

•^  "-  ^  •  '^      '^  /^        No  station- 

ratus  of  anv  kind  whatever  shall  be  introduced  in  anv  build-  an'  heating 

apparatus 

iiig  now  erected  without  a  permit  from  the  Building  Inspector,  without 

WOOD   GIRDERS.   JOISTS,  ETC. 

Sec.  29.    In  no  building  shall  any  wooden  girders,  joists  ^rs'm)t^^^' 
or  timbers  be  placed  nearer  than  two  inches  of  the  outside  of  "^•oTncill^'^ 
any  smoke,  hot  air  or  other  flue ;  and  all  joists  or  other  timbers  ^^  ^^^'  ^"^• 
in  the. party  walls  of  any  buildings  hereafter  erected  whether 
built  of  stone,  brick  or  iron,  shall  be  separated  from  the  joists 
or  timbers  entering  into  the  opposite  side  of  the  wall  by  at 
least  two  inches  of  solid  mason  work.     Every  trimmer  over 
four  feet  long,  except  in  a  dwelling,  shall  be  huiig  in  wrought 
or  malleable  iron  stirrups  of  suitable  dimensions,  and  no  tim- 
ber shall  be  iLsed  in  any  wall   of    any   building  where  stone, 
brick  or  iron  is  commonh'  used,  except  bond  timbers  and  liu- 


854 


ORDINANCES. 


Stud 
partitions. 


Joists — end 
to  end  shall 
be  strapped. 


Floor  joists 
— not  more 
than  16 
inches  from 
centre  to 
centre. 


tels  as  hereinbefore  provided  for,  or  as  may  be  approved  by 
the  Inspector,  and  no  exposed  bond  timber  in  am-  wall  shall  in 
width  and  thickness  exceed  that  of  a  course  of  brick.  Where 
stud  partitions  are  parallel  with  the  joists,  the  joists  support- 
ing them  are  to  be  doubled  in  all  cases.  Each  tier  of  joists 
shall  be  anchored  to  the  bearing  walls  at  intervals  of  not 
more  than  ten  feet  with  good,  strong  wrought  iron  anchors. 
Where  the  joists  are  supported  by  girders,  the  girders  shall  be 
anchored  to  the  walls,  all  the  said  joists  or  girders  shall  be  so 
anchored  that  in  falling  they  will  free  their  owti  anchorage 
without  injury  to  the  wall.  The  ends  of  joists  resting  upon 
girders,  if  butted  together  end  to  end,  shall  be  strapped  with 
wrought  iron  straps  at  the  same  joists  that  is  anchored  to  the 
M'all,  or  the}"  may  lap  each  other  and  be  thoroughly  spiked  or 
bolted  together.  Where  joists  are  hung  in  iron  stirrups  from 
the  girders  they  must  be  strapped  as  before  described.  Floor 
joists  shall  be  placed  not  more  than  sixteen  inches  from  centre 
to  centre  and  must  be  properlj^^  bridged  with  one  row  of  bridg- 
ing for  each  eight  feet  of  span.  All  joists  that  are  used  must 
be  sound  and  well  seasoned.  No  floor  joists  shall  be  blocked 
up  or  levelled  on  more  than  one  dry  course  of  brick.  The  ends 
of  cill  wood  floor  and  roof  beams,  where  they  rest  on  brick  or 
stone  walls  shall  be  cut  to  a  bevel  of  at  least  two  inches  on 
their  depth. 


Gas  or  water 
pipes  not 
within  24  ~ 
inches  of 
ends. 


Roof 
covering. 


Materials. 


All  gas,  water  or  other  pipes  introduced  into  au}^  building 
shall  not  be  let  into  the  joists  unless  the  same  be  placed  within 
twent3^-four  inches  of  the  ends  of  said  joists,  and  in  no  build- 
ing shall  the  pipes  be  let  into  the  joists  more  than  two  inches 
in  depth. 

EOOF   COVERING. 

Sec.  30.  The  planking  and  sheathing  of  the  roof  of  every 
building  hereafter  to  be  erected  or  altered  shall  in  no  case  be 
extended  across  the  party  wall  thereof,  and  ever}^  such  build- 
ing and  the  tops  and  sides  of  every  dormer  window  thereon^ 
except  such  as  are  hereinafter  provided  for,  shall  be  covered 
with  slate,  zinc,  tin,  iron,  copper,  or  such  other  equally  good 
fireproof  material  as  the  Building  Inspector  may  authorize. 
Nothing  in  this  section  shall  be  construed  to  prohibit  the  re- 


ORDINANCES.  855 

pairing  of  a  shingle  roof,  provided  the  repairs  do  not  amount 
to  over  one-half  of  the  value  of  said  roof,  in  which  case  the 
whole  must  be  replaced  by  some  fireproof  material.  All  build- 
ings shall  be  kept  provided  with  proper  metallic  leaders  for  ^|^|}}|fQ,^. 
conducting  water  from  the  roof  to  the  ground  or  sewer,  in  such  doctors. 
manner  as  shall  protect  the  walls  and  foundations  from  dam- 
age. 

MEANS  OF  EXIT  THROUGH  THE  ROOF. 

Sec.  31.  All  buildings  hereafter  to  be  built  with  flat  roofs  f^^'l  t^i-ough 
shall  have  scuttle  frames  and  covers,  or  bulkheads  and  doors, 
to  be  open  outAvard,  and  be  covered  with  some  fireproof  ma- 
terial, and  scuttles  shall  have  stationarj^  ladders  leading  to  the 
same,  and  all  such  scuttles  and  ladders  shall  be  kept  so  as  to  be 
ready  for  use  at  all  times ;  all  scuttles  shall  be  in  size  of  open- 
ing at  least  two  feet  by  three  feet,  and  if  a  bulkhead  is  used  in  opening. 
any  building  in  place  of  a  scuttle  it  shall  have  stairs  with  a 
sufficient  guard  or  hand-rail  leading  to  the  roof,  and  in  case 
the  building  be  a  tenement  house,  the  doors  or  covers  to  scut- 
tles or  bulkheads  shall  at  no  time  be  locked,  but  may  be  secured 
bj'^  bolts  or  hooks  on  the  inside. 

EXTERIOR  CORNICES  AND  GUTTERS. 

Sec.  32.  All  exterior  cornices  and  gutters  hereafter 
erected  shall  be  of  some  fireproof  material,  and  in  everv  case,  cornices  and 
except  when  carried  on  a  framework  of  iron  or  steel,  the  great- 
est weight  of  the  material  of  which  the  cornice  shall  be  con- 
structed shall  be  on  the  inside  of  the  outer  line  of  the  wall,  al- 
lowance being  made  for  the  leverage  produced  by  the  projec- 
tion of  the  cornice  beyond  the  face  of  the  wall ;  and  in  all  cases 
the  walls  shall  be  carried  up  to  the  under  side  of  the  roof 
planking  and  where  the  cornice  projects  above  the  roof,  the 
wall  shall  be  carried  up  to  the  top  of  the  cornice.  All  exterior 
wooden  cornices  that  may  be  or  shall  hereafter  become  unsafe  of  fireproof 

"^  materials. 

shall  be  taken  down,  and  if  replaced,  shall  be  constructed  of 
some  fireproof  material.  All  exterior  wood  cornices  or  gutters  Repairs. 
that  may  hereafter  be  damaged  by  fire  or  by  decay  to  the  ex- 
tent of  one-half  the  value  thereof,  shall  be  taken  down,  and  if 
replaced  shall  be  constructed  of  some  fireproof  material,  but  if 
not  damaged  to  this  extent,  may  be  repaired  with  the  same 


856 


ORDINANCES. 


Exception. 


kind  of  material  of  which  originally  constructed.  This  section 
shall  not  he  construed  to  prohibit  the  construction  or  repair 
of  wooden  cornices  on  private  dwellings  built  in  sections  of  the 
city  where  the  majority  of  the  buildings  of  the  block  or  street 
are  iLsed  only  for  dwelling  purposes. 


Public 
buildings 
shall  have 
certain 
means  of 
egress. 


Tower  stair- 
way in  fac- 
tories and 
stores. 


PUBLIC  BUILDINGS,  ETC.,  MEANS  OF  EXIT. 

Sec.  33.  All  buildings  hereafter  erected  or  altered  to  be 
used  as  a  school-house,  hospital,  asylum,  hotel,  apartment  or 
tenement  house,  office  building,  store,  manufactory,  (")  or 
workshop,  or  place  of  assembly  or  resort,  shall  have  such  num- 
ber of  good  and  sufficient  stairways,  or  other  means  of  egress, 
as  shall  be  determined  by  the  Building  Inspector.  (^)  Stores 
in  which  any  of  the  stories  above  the  second  have  a  clear  floor 
space  of  four  thousand  square  feet,  and  manufactories  three  or 
more  stories  in  height,  of  the  floor  area  per  story  of  three  thou- 
sand square  feet,  shall  have  a  tower  stairway,  completely  in- 
closed, on  the  interior  of  the  building,  with  brick  walLs  of  such 
other  fireproof  materials  as  shall  be  accepted  by  the  Building 
Inspector.  Should  the  floor  area  of  any  store  above  the  second, 
in  said  stores  or  manufactories,  exceed  ten  thousand  square 
feet,  the  Building  Inspector  may  require  one  or  more  addi- 
tional tower  stairways. 

(a)  For  a  construction  of  words  used  in  the  prior  building  ordi- 
nance, in  force  when  the  above  ordinance  was  passed,  see  the  case  of 

Giles  vs.  Diamond  State  Iron  Co.,  7  Houst.  453  at  46-5.   (jr.  1887) 

(b)  As  to  fire  escapes,  see  Eevised  Code  of  1893,  p.  929. 


Arches  in 
doors  and 
windows. 


ARCHES   AND    LINTELS. 

Sec  34.  Openings  for  doors  and  windows  in  all  build- 
ings, except  as  otherwise  provided,  shall  have  good  and  suffi- 
cient arches  of  stone,  brick  or  terra  cotta.  well  built  and  keyed, 
with  good  and  sufficient  abutments  or  lintels  of  stone,  as  fol- 
lows : 


For  an  opening  not  more  than  four  feet  in  width  the  lin- 

sizes.  tel  shall  not  be  less  than  seven  and  one-half  inches  in  height 

and  three  inches  in  thickness;  for  an  opening  not  more  than 

six  feet  in  width,   the  said   lintel  shall   not    be   less  than  ten 

inches  in  height  and  four  inches  in  thickness ;  for  an  opening 


ORDINANCES.  857 

more  than  six  feet  and  less  than  eight  feet  in  width  the  said 
lintel  shall  not  be  less  than  twelve  inches  in  height  and  four 
inches  in  thickness ;  all  lintels  eight  feet  and  over  in  width, 
shall  be  iron  or  steel  beams  or  girders.  No  lintels  shall  have  a 
bearing  of  less  than  four  and  one-half  inches  on  the  walls,  and 
on  the  inside  of  all  openings  six  feet  or  less  in  width,  in  which 
the  lintels  shall  be  less  than  the  thickness  of  the  wall  to  be  sup- 
ported, there  shall  be  a  good  and  proper  size  timber  lintel, 
which  shall  rest  at  each  end  not  less  than  four  and  one-half 
inches  on  the  wall,  and  shall  be  bevelled  on  each  end,  and  shall  , 
have  a  double  counter  or  dead  arch  turned  over  the  same  when 
practicable.  Openings  over  six  feet  and  less  than  eight  feet  in 
width  shall  have  the  inside  lintel  of  iron  or  steel. 


Iron  or  steel 


IRON  OR  STEEL  BEAMS  SPANNING  OPENINGS. 

Sec.  35.    All  iron  ,or  steel  beams  or  girders  used  as  lintels  nfng^oplnf-"' 
to  span  openings  eight  feet  or  over  in  width  and  not  exceed-  *"^^- 
ing  twelve  feet,  upon  which  a  wall  rests,  when  not  supported 
by  iron  or  steel  jamb  boxes,  shall  have  a  bearing  of  at  least 
eight  inches  at  each  end  by  the  thickness  of  the  wall  supported. 
For  openings  over  twelve  feet,  the  bearing  shall  be  at  least 
twelve  inches.     When  the  lintels  or  girders  are  supported  at  Girders  shall 
the  ends  by  brick  walls  or  piers,  they  shall  rest  upon  cut  gran-  gr|^n?te  or 
ite  or  other  stone  blocks  of  equal  strength,  or  cast  iron  plates  ^^one. 
of  equal  strength  may  be  used.    If  the  opening  is  twelve  feet 
or  less,  the  stone  block  shall  not  be  less  than  eight  inches  thick, 
and  shall  be  proportionately^  increased  when  the  opening  is 
more  than  twelve  feet.    All  blocks  or  plates  used  shall  be  the 
full  size  of  the  bearings.    In  all  cases  the  bearing  shall  be  suf- 
ficient to  support  the  w^eight  placed  upon  it  with  safety.    All  ii-on  or  steel 
iron  or  steel  beams  or  girders  used  in  any  building  shall  be  fjss  fn^Mck- 
throughout  not  less  in  width  than  the  thickness  of  the  wall  to  "hit  of^he 
be  supported.  '*^''^^'- 

TEMPORARY  WOODEN  SHEDS  FOR  MECHANICS. 

Sec.  36.    Whenever  the  owner  of  any  lot  of  ground  is  de-  Temporary 

•^  °  wooden 

sirous  of  improving  the  same  by  the  erection  of  a  new  building  sheds. 
or  buildings  thereon,  the  Building  Inspector  may  permit  the 
owner  of  such  lot  to  put  up  a  wooden  shed  on  the  same  or  the 


858 


ORDINANCES. 


Frame 
kitchens. 


Size. 


Restrictions. 


neighboring  lot  for  the  nse  of  the  mechanics  employed  on  said 
building  while  preparing  their  Avork;  provided,  however,  that 
such  permission  shall  not  extend  to  a  longer  time  than  until 
the  building  proposed  to  be  erected  shall  be  entirely  finished, 
at  which  time  the  owner  or  owners  of  the  lot  on  which  such 
shed  has  been  put  up  shall  cause  it  to  be  taken  down  and  re- 
moved. 

FRAME   KITCHENS. 

Sec.  37.  It  shall  only  be  lawful  to  erect  frame  kitchens  to 
be  attached  to  a  brick  or  stone  dwelling  as  follows :  The  said 
kitchen  shall  not  exceed  twelve  feet  in  height  and  must  not 
connect  with  any  frame  bay  projecting  from  an  upper  stor^'-, 
said  kitchen  shall  not  be  erected  within  five  feet  of  any  similar 
construction  composed  wholly  or  in  part  of  wood,  unless  the 
sides  of  said  kitchen  facing  such  structure  shall  be  covered 
with  fireproof  material,  and  in  no  case  shall  the  distance  divid- 
ing such  structures  be  less  than  three  feet  unless  the  ends  shall 
have  division  walls  of  masonry  not  less  than  nine  inches  thick 
built  from  the  foundation  of  the  building  and  carried  up 
above  the  roof  as  hereinbefore  provided  for  party  walls.  No 
such  kitchen  shall  exceed  in  dimensions  twelve  by  sixteen  feet 
or  cover  more  than  one  hundred  ninety-two  square  feet  of 
ground.  The  brick  or  stone  wall  from  which  the  said  frame 
kitchen  extends  must  continue  up  above  the  roof  of  same,  and 
have  no  communication  with  the  main  building  except  the 
doorway  leading  thereto. 


FRAME  SHELTER  SHEDS. 
Permit  for 

shelter  sheds  Sec.  38.    Permits  to  build  frame  shelter  sheds  for  the  stor- 

upon  con-  „.  iii  Tii-r-»-TT 

sent  of  ad-  age  01  gram,  coal,  lumber,  etc.,  may  be  granted  by  the  Buud- 
erty  owners,  ing  Inspector  provided  the  consent  of  the  property  owners 
"on  both  sides  of  street  where  the  proposed  shed  is  to  be  lo- 
cated" is  obtained  in  writing.  All  permits  for  the  erection  of 
frame  sheds  may  be  revoked,  and  the  shed  shall  be  removed 
within  thirty  days  after  notice  from  the  Building  Inspector. 


No  bay  and  BAY  AND  ORIEL  WINDOWS, 

oriei  win- 

dows  on  first  g^^_  gg_    j^  ^j^.^^^  ^^^^  ^^^  lawful  to  crcct  or  construct  upon 


ORDINANCES.  859 

the  first  story  of  any  building  any  bay,  oriel,  store  or  bulk  win- 
dow, projecting-  beyond  the  street  line.  («) 

(a)  If  the  ordinance  be  \aolated  by  one  building  a  bay  window  be- 
yond the  building  line,  the  Court  of  Chancery  will  not  interfere  and  grant 
an  injunction,  unless  the  "encroachment  *  *  be  of  such  a  character 
as  to  materially  and  substantially  interrupt  or  impede  the  public  use  of 
the  same  as  a  street  or  highway."   (500) 

The  ChanceUor:  "In  a  clear  case  of  substantial  and  material  en- 
croachment upon  a  public  street  or  highway,  of 
such  a  character  as  to  seriously  interfere  with  its  use,  I  would  consider  it 
my  duty  to  act  without  the  aid  of  a  jury,  but  where  the  encroachment,  al- 
though illegal,  is  not  of  that  character,  the  proper  tribunal  is  a  court  of 
law,  which  has  full  power,  not  only  to  punish  the  offender,  but  to  abate 
the  nuisance. ' '     The  * '  remedy  is  hj  indictment. ' ' 

Gray  vs.  Baynard,  5  Del.  Ch.  499  at  505.  (yr.  1883) 

It  shall  not  be  lawful  to  erect  or  construct  any  bay  or  oriel 
window  on  the  second  or  any  upper  stories  of  any  building, 
projecting  more  than  three  feet  beyond  the  building  line. 

No  two  bay  or  oriel  windows,  upon  the  same  story  shall  be  Distances, 
built  nearer  to  each  other  than  five  feet. 

Bay  or  oriel  windows  may  be  built  of  combustible  material 
in  private  dwellings  of  three  stories  or  less  in  height ;  provided, 
such  bay  or  oriel  \\dndows  shall  not  have  a  greater  width  than 
fourteen  feet  at  wall  line  of  building,  and  provided,  that  the 
outside  walls  and  roofs  of  such  bay  or  oriel  windows  except 
such  as  are  hereinafter  provided  for,  are  covered  with  slate, 
tile  or  metal,  or  other  hard  incombustible  material.  In  all 
other  cases,  bay  or  oriel  windows  and  their  supports  shall  be 
constructed  entirely  of  incombustible  material. 

BALCONIES  AND  PORCHES. 

Sec.  40.  Porches  built  of  combustible  material,  resting  on  ^nd^porches. 
masonry  foundations  not  less  than  one  foot  above  finished  grade 
may  be  two  stories  in  height  if  attached  to  non-fireproof  dwell- 
ings, but  no  outside  wooden  stairs  shall  be  constructed  more 
than  one  story  high.  No  wooden  balcony  or  porch  shall  pro- 
ject from  any  building  above  the  third  floor  joist. 

WOODEN   FENCES. 

Sec.  41.    It  shall  not  be  lawful  to  build  any  fence  of  wood  f^nces^."^ 
dividing  or  enclosing  any  property,  of  a  greater  height  than  Height. 


860 


ORDINANCES. 


ten  feet  from  the  ground,  nor  any  fence  beyond  the  building 
line.  Provided,  however,  that  railings  may  be  constructed 
around  excavated  areas  now  existing.  This  section  shall  not 
prohibit  the  erection  of  a  temporary  fence  during  building 
operations,  but  no  such  fence  shall  be  erected  more  than  five 
feet  from  the  building  line. 


Mansard 
roofs. 


MANSARD  ROOFS. 

Sec.  42.  Mansard  roofs.  If  a  mansard  or  other  roof  of 
like  character  having  a  pitch  of  over  sixty  degrees  be  placed 
on  any  building,  except  a  dwelling  house  not  exceeding  three 
stories  nor  more  than  forty  feet  in  height,  it  shall  be  con- 
structed of  iron  rafters  and  lathed  with  iron  or  steel  on  the  in- 
side and  plastered,  or  filled  in  with  fireproof  material  not  less 
than  three  inches  thick  and  covered  with  metal,  slate  or  tile. 


Frame 
buildings 
damaged 
not  more 
than  half  in 
value  to  be 
repaired. 


FRAME  BUILDINGS  DAMAGED   BY  FIRE. 

Sec.  43.  Everv'  wood  or  frame  building  with  a  brick  or 
other  front,  which  may  be  damaged  by  fire,  or  the  effects  of  the 
elements  to  an  amount  not  greater  than  one-half  of  the  value 
thereof,  exclusive  of  the  valuation  of  the  foundation  thereof, 
at  the  time  of  such  damage,  may  be  repaired  or  rebuilt,  but  if 
such  damage  shall  amount  to  more  than  one-half  of  such  value 
thereof,  exclusive  of  the  value  of  the  foundations,  then  such 
building  shall  not  be  repaired  or  rebuilt,  but  shall  be  taken 
down. 


strength  of 
floors  and 
roofs. 


The  Building  Inspector  shall  determine  the  extent  of  such 
damage. 

STRENGTH  OF  FLOORS  AND  ROOFS. 

Sec.  44.  All  floors  shall  be  constructed  to  bear  a  safe 
weight  per  superficial  foot  exclusive  of  the  weight  of  the  mate- 
rial of  which  they  are  composed,  as  follows :  Private  dwell- 
ings, fifty  pounds ;  hotels,  tenements  and  school  rooms,  sixty 
pounds.  Office  buildings,  one  hundred  pounds  for  the  first 
floor;  seventy  pounds  for  the  upper  stories. 


ORDINANCES.  861 

Public  assembly  rooms,  ninety  pounds.  For  dance  halls 
and  corridors  of  all  public  buildings,  including  hotels,  one 
hundred  and  twenty  pounds. 

Stores,  warehouses  and  manufactories,  one  hundred  and 
fifty  pounds,  and  upwards  in  proportion  to  the  load  they  have 
to  carry.  All  roofs  shall  be  constructed  to  carry  thirty  pounds 
per  superficial  foot. 

FACTORS  OP   SAFETY. 

Sec.  45.  Where  the  working  stresses  for  any  material  is  fafe\T-^  °^ 
not  prescribed  in  this  ordinance,  the  relation  of  allowable  unit 
stress  to  ultimate  strength  shall  be  as  one  to  four  for  all  tim- 
bers and  metals,  subjected  to  tension  or  a  transverse  stress;  as 
one  to  four  for  all  columns,  posts  and  other  vertical  supports 
when  of  metal  as  one  to  six  for  timber,  and  as  one  to  ten  for 
natural  or  artificial  stone,  other  materials  subjected  to  a  com- 
pressive strain.  But  wherever  working  stresses  are  prescribed  ^r°ess!"^ 
in  this  ordinance,  varying  the  factors  of  safety'  hereinabove 
given,  the  same  working  stresses  shall  be  used. 

CALCULATIONS.      STRENGTH  OF  MATERIALS. 

Calculations. 

Sec.  46.  Safe  load  for  masonry  work.  The  safe  bearing 
load  to  apply  to  brickwork  shall  be  taken  at  eight  tons  per 
superficial  foot,  when  lime  mortar  is  used ;  eleven  and  one-half 
tons  per  superficial  foot  when  lime  and  cement  mortar  mixed 
is  used ;  fifteen  tons  per  superficial  foot  when  cement  mortar  is 
used.     The  safe  bearing  load  to  applv  to  rubble  stone  work  strength  of 

'^  ±  X    .  materials. 

shall  be  taken  at  ten  tons  per  superficial  foot  when  Portland 
cement  is  used ;  when  cement  other  than  Portland  is  used, 
eight  tons  per  superficial  foot ;  when  lime  and  cement  mortar 
is  used,  seven  tons -per  superficial  foot,  and  when  lime  mortar 
is  used,  five  tons  per  superficial  foot.  The  safe  bearing  to  ap- 
ply to  concrete  when  Portland  cement  is  used  shall  be  taken  at 
fifteen  tons  per  superficial  foot,  and  when  cement  other  than 
Portland  is  used,  eight  tons  per  superficial  foot. 


862  ORDINANCES. 

STRENGTH  OF  COLUMNS. 
Strength  of  ai-t       -r 

columns.  JSec.  47.     Ill  columiis  or  compression  members  with  fiat 

ends  of  east  iron,  steel,  wrought  iron  or  wood,  the  stress  per 
square  inch  shall  not  exceed  that  given  in  the  following  tables : 

Working  stresses  per  sq.  inc^li 
When  length  divided  by  least                                of  section, 
radius  of  gyration  equals  Wrought 

Cast  Iron.  Steel.  Iron. 

120 ■      8,240  4,400 

110... .....  8,820  5,200 

100 9,400  6,000 

90 9,980  6,800 

80 10,560  7,600 

70 9,200  11,104  8,400 

60 9,500  11,720  9,200 

50 9,800  12,300  10,000 

40.... 10,100  12,880  10,800 

30 10,400  13.460  11,600 

20 10,700  14,040  12,400 

10 11,000  14,620  13,200 

And  in  like  proportion  for  intermediate  ratios. 

Working  stress  per  sq.  in. 
of  section. 
When  the  leng-th  divided  by  '  Long  Leaf     "\Miitc  Pine 

least  diameter  equals  Yellow    Norway  Pine        Oak 

Pine  Spruce 

30 ■. 460  350  390 

25 550  425  475 

20 640  500  560 

15 730  575  645 

12 784  620  696 

10 820  650  730 

And  in  like  proportions  for  intermediate  ratios.  Five- 
eighths  the  value  of  white  pine  shall  also  apply  to  hemlock  and 
chestnut  posts. 

Columns  and  compression  members  shall  not  be  used  hav- 
ing an  unsupported  leng-th  of  greater  ratios  than  given  in  the 
tables. 


ORDINANCES.  863 

COLUMNS  ECCENTRICALLY   LOADED. 

re  the  stresses 

loaded. 


Columns  ec 

Anv  eolumu  eccentrically  loaded  shall  have  the  stresses  centricaiiy 


caused  by  such  eccentricity  computed,  and  the  combined 
stresses  resulting  from  such  eccentricity  at  any  part  of  the  col- 
umn, added  to  all  other  stresses  at  that  part,  shall  in  no  case 
exceed  the  working  stresses  stated  in  this  code. 

The  eccentric  load  of  a  column  shall  be  considered  to  be 
distributed  equally  over  the  entire  area  of  that  column  at  the 
next  point  below  at  which  the  column  is  securely  braced  later- 
ally in  the  direction  of  the  eccentricity. 

WORKING  STRESSES. 

The  safe  carrying  capacity  of  the  various  materials  o^  ^^^g^ss^s^ 
construction  (except  in  the  case  of  columns)  shall  be  deter- 
mined by  the  following  working  stresses  in  pounds  per  square 
inch  of  sectional  area  : 

CAST   IRON. 

Cast  iron 

Extreme  fibre  strain  tension 2.500  lbs.  tension. 

Wrought 

Iron  Steel 

Extreme  fibre  stresses,  " I "  beams  and  shapes.  12,000  16,000 

Extreme  fibre  stresses,  built  beams 10,000  15,000 

Tension 12,000  15,000 

Shearing ' 7,500  10,000 

Direct  bearing  pins  and  rivets 15,000  20,000 

Bending  on  pins   18,000  22,500 

TIMBER — (stresses  IN  POUNDS  PER  SQUARE  INCH.) 

Com2>ression 
On  Extreme   Shearin«j  Perpendienlar 
Fibre        Along  Grain     to  Grain 

Hemlock 990  60  250 

Spruce 1260  80  300 

Long-leaf  Yellow  Pine 1600  100  500 

The  working  stresses  above  given  for  timber,  are  based  on 
straight  grained,  well  seasoned  lumber.  The  allowable  deflec- 
tion for  beams  or  girders  shall  not  exceed  one-thirtieth  of  an 


864  ORDINANCES. 

inch  per  foot  of  span,  where  the  ceiling  is  to  be  plastered,  or 
one-twenty-fifth  of  an  inch  per  foot  of  span  where  the  ceiling 
is  not  to  be  plastered. 

Every  temporary  support  iLsed  during  the  erection  or  al- 
teration of  any  building  shall  be  of  sufficient  strength  to  carry 
safely  the  load  to  be  placed  thereon. 

IRON  AND  STEEL  CONSTRUCTIONS. 

fuppmtVon  Sec.   48.      Skeleton   Construction. — Where   columns    are 

er/shaifbe^'  ^^^^d  to  support  iron  or  steel  girders  carrying  inclosure  walls, 
offcast  iron,  ^^^  g^j^  columns  shall  be  of  cast  iron,  wrought  iron  or  rolled 
steel,  and  on  their  outer  and  inner  surfaces  be  constructed  to 
resist  fire  by  having  a  easing  of  brickwork  or  approved  fire- 
proof material  not  less  than  nine  inches  in  thickness  on  the 
outer  surfaces,  nor  less  than  four  inches  in  thickness  on  the 
inner  surface,  and  all  bonded  into  the  inclosure  walls.  The 
girders  shall  sidcs  of  the  iron  or  steel  girders  shall  be  similarly  covered  in 
^^ith  fire-*^  ^y^t^  brickwork  or  fireproof  material  not  less  than  four  inches 
?ngs.^  °°^^'  i^  thickness  on  the  outer  surfaces,  and  tied  and  bonded ;  but 
the  extreme  outer  edge  of  the  flanges  or  beams,  or  plates  or 
angles  connected  to  the  beam  may  project  to  within  two  inches 
of  the  outside  surface  of  the  casing.  The  inside  surfaces  of 
girders  shall  be  similarly  covered,  or,  if  projecting  inside  of 
the  wall,  they  may  be  protected  by  terra  cotta,  concrete  or 
other  fireproof  material.  Girders  for  the  support  of  the  in- 
closure wall  shall  be  placed  at  the  floor  line  of  each  story.  No 
part  of  a  steel  or  wrought  iron  column  shall  be  less  than  one- 
quarter  of  an  inch  thick.  No  wrought  iron  or  rolled  steel  col- 
umns shall  have  an  unsupported  length  of  more  than  forty 
times  the  least  lateral  dimension  or  diameter  except  as  modi- 
fied by  this  ordinance,  and  also  except  in  such  cases  as  the 
Building  Inspector  may  especially  allow  a  great  unsupported 
length.  The  ends  of  all  columns  shall  be  faced  to  a  plane  sur- 
face at  right  angles  to  the  axis  of  the  cohimns.  and  the  connec- 
tion between  them  shall  be  made  with  spliced  plates.  The  joint 
may  be  effected  by  rivets  of  sufficient  size  and  number  to  trans- 
mit the  entire  stress,  and  then  the  spliced  plates  shall  be  equal 
in  sectional  area  to  the  area  of  the  column  applied.    When  the 


ORDINANCES.  865 

section  of  the  columns  to  be  spliced  is  such  that  spliced  plates 
cannot  be  used,  a  connection  of  plates  and  angles  maj'  be  used 
designed  to  properly  distribute  the  stress.     No  material  shall  ^laferfai 
be  used  in  any  wrought  iron  or  steel  column  of  less  thickness 
than  one  thirty -second  of  its  unsupported  width,  measured  be- 
tween centers  of  rivets  transversely,  or  one-sixteenth  the  dis- 
tance between  centers  of  rivets  in  the  direction  of  the  stress. 
Stay-plates  are  not  to  have  less  than  four  rivets,  and  are  to  be  stay-piates. 
spaced  so  that  that  the  ratio  of  length  by  the  least  radius  of 
gyration  of  the  parts  connected  does  not  exceed  forty.     The 
distance  between  nearest  rivets  of  two  stay-plates  shall  in  this 
case  be  considered  its  length.    Steel  and  wrought  iron  columns 
shall  be  made  in  one,  or  three-story  length,  and  the  material 
shall  be  rolled  in  one  length  wherever  practicable  to  avoid  in- 
termediate splices.    Where  any  part  of  the  section  of  a  column 
projects  beyond  that  of  the  column  below,  the  difference  shall 
be  made  up  by  filling  plates  secured  to  column  by  the  proper 
number  of  rivets.    Shoes  of  iron  or  steel,  as  described  for  cast  shoes  of  iron 
iron  columns,  or  built  shoes  of  plates  and  shapes  may  be  used,  °^  ^*®®^' 
complying  with  same  requirements. 

Sec.  49.  Cast  Iron  Columns. — Cast  iron  columns  shall  not  dimensions 
have  less  diameter  than  five  inches  or  less  thickness  than  three-  of  cast  iron 

columns. 

quarters  of  an  inch.     Nor  shall   they  have   an   unsupported 

length  of  more  than  twenty  times  their  le^st  diameter.     All 

cast  iron  columns  shall  be  of  good  workmanship  and  material. 

The  top  and  bottom  flanges,  seats  and  lugs  shall  l^e  of  ample 

strength,  reinforced  by  fillets  and  brackets;  thej"  shall  not  be 

less  than  one  inch  in  thickness  when  finished.     All  columns 

must  be  faced  at  the  ends  to  a  true  surface  perpendicular  to 

the  axis  of  the  column.    Column  joints  shall  be  secured  by  not 

less  than  four  bolts  each,  not  less  than  three-quarters  of  an 

inch  in  diameter.    The  holes  of  these  bolts  shall  be  drilled  to  a 

template.    The  core  of  a  column  below   a  joint  shall  be  not 

larger  than  the  core  of  the  column  above  and  the  metal  shall  be 

tapered  down  for  a  distance  of  not  less  than  six  inches,  or  a 

joint  plate  may  be  inserted  of  sufficient  strength  to  distribute 

the  load.     The  thickness  of  metal  shall  be  not  less  than  one-  dimensions. 

twelfth  the  diameter  of  the  greatest  lateral  dimension  of  cross 


866 


ORDINANCES. 


Imperfec- 
tions. 


section,  but  never  less  than  three-quarters  of  an  inch.  Wher- 
ever the  core  of  a  cast  iron  column  has  shifted  more  than  one- 
fourth  the  thickness  of  the  shell,  the  strength  shall  be  com- 
puted assuming-  the  thickness  of  metal  all  around  equal  to  the 
thinnest  part,  and  the  column  shall  be  condemned  if  this  com- 
putation shows  the  strength  to  be  less  than  required  by  this  or- 
dinance. Where  blowholes  or  imperfections  are  found  in  a 
cast  iron  column  which  reduces  the  area  of  the  cross  section  at 
that  point  more  than  ten  per  cent.,  such  column  shall  be  con- 
demned. Cast  iron  posts  or  columns  not  cast  with  one  side  or 
back  before  being  set  up  in  place,  shall  have  a  three-eighths  of 
an  inch  hole  drilled  in  the  shaft  of  each  post  or  column  by  the 
manufacturer  or  contractor  furnishing  the  same,  to  exhibit  the 
thickness  of  the  castings ;  and  any  other  similar  sized  hole  or 
holes  which  the  Building  Inspector  may  require,  shall  be 
drilled  in  the  said  posts  or  columns  by  the  said  manufacturer 
or  contractor  at  his  own  expense. 


Iron  or  steel 
shoes  under 
columns. 


Iron  or  steel  shoes  or  plates  shall  be  used  under  the  bot- 
tom tier  of  columns  to  properly  distribute  the  load  on  founda- 
tion.   Shoes  shall  be  planed  on  top. 


Size  of 
columns. 


Sec.  50.  Double  Columns. — In  all  buildings  hereafter 
erected  or  altered,  where  any  iron  or  steel  column  or  columns 
are  used  to  support  a  wall  or  part  thereof,  whether  the  same 
be  an  exterior  or  an  interior  wall,  and  columns  located  below 
the  level  of  the  sidewalk  which  are  used  to  support  exterior 
walls  or  arches  over  vaults,  the  said  column  or  columns  shall 
be  either  constructed  double,  that  is,  an  outer  and  an  inner 
column,  the  inner  column  alone  to  be  of  sufficient  strength  to 
sustain  safely  the  weight  to  be  imposed  thereon,  and  the  other 
columns  shall  be  one  inch  shorter  than  the  inner  columns,  or 
such  other  iron  or  steel  column  of  suflicient  strength  and  pro- 
tected with  not  less  than  two  inches  of  fireproof  material  se- 
curely applied,  except  that  double  or  protected  columns  shall 
not  be  required  for  walls  fronting  on  streets  or  courts. 


?f  ?;'-n!!^nr  Sec.  51.    Party  ^yall  Posts.— li  iron  or  steel  posts  are  to 

01  n  on  or  ^  ^ 

to^taeusedf      ^®  ^^^®^  ^^  ^  party  wall,  and  intended  for  two  buildings,  then 

as  a  party 
wall. 


the  said  posts  shall  be  not  less  in  width  than  the  thickness  of 


ORDINANCES.  867 

the  party  wall,  nor  less  in  depth  than  the  thickness  of  the  wall 
to  be  snpported  above.  Iron  or  steel  posts  in  front  or  side,  di- 
vision or  part}'  walls,  shall  be  filled  np  solid  with  masonry  and 
made  perfectly  tight  between  the  posts  and  walls.  Intermedi- 
ate posts  may  be  nsed,  which  shall  be  sufficiently  strong,  and 
the  lintels  thereon  shall  have  sufficient  bearings  to  carry  the 
weight  above  with  safet3\ 

Iron  or  steel  posts  or  columns  with  one  or  more  open  sides 
and  backs  shall  have  solid  iron  plates  on  top  of  each,  excepting 
when  pierced  for  the  passage  of  pipes. 

Sec.  52.    Steel  and  Iron  Girders. — Rivets  in  flanges  shall  Rivet 
be  spaced  so  that  the  least  value  of  a  rivet  for  either  shear  or 
bearing  is  equal  or  greater  than  the  increment  of  strain  due  to 
the  distance  between  adjoining  rivets.     All  other  rules  given 
under  riveting  shall  be  followed.    The  length  of  rivets  between  Length  of 

rivets. 

heads  shall  be  limited  to  four  times  the  diameter.  The  com- 
pression flange  of  plate  girders  shall  be  secured  against  buck- 
ling, if  its  length  exceeds  thirty  times  its  width.  If  splices  are 
used,  they  shall  fully  make  good  the  members  spliced  in  either 
tension  or  compression.  Stiffeners  shall  be  provided  over  sup- 
ports and  under  concentrated  loads ;  they  shall  be  of  sufficient 
strength,  as  a  column,  to  carry  the  loads,  and  shall  be  con- 
nected with  a  sufficient  number  of  rivets  to  transmit  the 
stresses  into  the  web  plate.  Stiffeners  shall  fit  so  as  to  support 
the  flanges  of  the  girders.  If  the  unsupported  depth  of  the 
web  plate  exceeds  sixty  times  its  thickness,  stiffeners  shall  be 
used  at  intervals  not  exceeding  one  hundred  and  twenty  times 
the  thickness  of  the  web. 

Sec.  53.    Boiled  Steel  and  Wrought  Iron  Beams  Used  as  stiffeners. 
Girders. — When  rolled  steel  or  wrought  iron  beams  are  used  in  Beams  used 

*~  cis  S'lrciers. 

pairs  to  form  a  girder,  they  shall  be  connected  together  by 
bolts  and  iron  separators  at  intervals  of  not  more  than  five  g.^^ 
feet.    All  beams  twelve  inches  and  over  in  depth  shall  have  at 
least  two  bolts  to  each  separator. 

Sec.  54.    Cast  Iron  Lintels. — Cast  iron  lintels  shall  not  be  ?'^®  ^nteis* 
used  for  spans  exceeding  sixteen  feet.     Cast  iron  lintels  or 


868  ORDINANCES. 

beams  shall  not  be  less  than  three-quarters  of  an  inch  in  thick- 
ness in  any  of  their  parts. 

Granite  or  Sec.  55.     Flatcs  Under  Ends  of  Lintels  and  Girders. — 

bluestone 

blocks  sup-  When  the  lintels  or  girders  are  supported  at  the  ends  by  brick 
walls  or  piers  they  shall  rest  upon  cut  granite  or  bluestone 
blocks  at  least  ten  inches  thick,  or  upon  cast  iron  plates  of 
equal  strength  by  the  full  size  of  the  bearings.  In  case  the 
opening  is  less  than  twelve  feet,  the  stone  blocks  may  be  five 
inches  in  thickness,  or  cast  iron  pfetes  of  equal  strength  by  the 
full  size  of  the  bearings,  may.be  used,  provided  that  in  all 
cases  the  safe  loads  do  not  exceed  those  fixed  by  Section  46  of 
this  ordinance. 

Beams  must  Sec.  56.    Rolled  Steel  and  Wrought  Iron  Floor  and  Roof 

fective.  '  Beams. — All  rolled  steel  and  wrought  iron  floor  and  roof 
beams  used  in  buildings  shall  be  of  full  weight,  straight  and 
free  from  injurious  defects.  Holes  for  tie  rods  shall  be  placed 
as  near  the  thrust  of  the  arch  as  practicable.  The  distance  be- 
tween tie  rods  in  floors  shall  not  exceed  eight  feet,  and  shall 
not  exceed  eight  times  the  depth  of  floor  beams  twelve  inches 
and  under.  Channels  or  other  shapes,  where  used  as  skew- 
backs,  shall  have  a  sufficient  resisting  moment  to  take  up  the 
thrust  of  the  arch.  Bearing  plates  of  stone  or  metal  shall  be 
used  to  reduce  the  pressure  on  the  wall  to  the  working  stress. 
Beams  rest-  Beams  resting  on  girders  shall  be  securely  riveted  or  bolted  to 

ing  on  gird-  o  □ 

ers  shall  be     the  same ;  where  joined  on  a  girder,  tie  straps  of  one-half  inch 

rivited.  .  '  ''  &  '  f 

net  sectional  area  shall  be  used,  with  rivets  or  bolts  to  corre- 
spond. Anchors  shall  be  provided  at  the  ends  of  all  such 
beams  bearing  on  the  walls. 

steelwork  Sec.  57.    Framinci   and   Connecting. — Structural   Work. 

shall  be  con-  .  "^  ^ 

nected  with    All  iron  or  stccl  trimmer  beams,  headers,  and  tail  beams,  shall 

the  walls.  .  '  '  .  ' 

be  suitably  framed  and  connected  together,  and  the  iron  or 
steel  girders,  columns,  beams,  trusses  and  all  other  iron  work 
of  all  floors  and  roofs  shall  be  strapped,  bolted,  anchored  and 
connected  together  and  to  the  walls. 

neetTlby^'  ^^^  beams  framed  into  and  supported  by  other  beams  or 

angles.  girders  shall  be  connected   thereto   by   angles    or   knees  of  a 


Tie  rods. 


ORDINANCES.  869 

proper  size  and  thickness,  and  have  snfficient  bolts  or  rivets  in 
"both  legs  of  each  connecting  angle  to  transmit  the  entire  load 
coming  on  the  beam  to  the  supporting  beam  or  girder.  In  no 
case  shall  the  shearing  value  of  the  bolts  or  rivets  or  the  bear- 
ing value  of  the  connection  angles  be  less  than  provided  for  in 
this  ordinance. 

Sec.  58.  Riveting  of  Structural  Steel  and  Wrought  Iron 
Work. — The  distance  from  centre  of  a  rivet  hole  to  the  edge 
of  the  material  shall  not  be  less  than 

f  of  an  inch  for  ^  inch  rivets, 

^  of  an  inch  for  f  inch  rivets, 
1|  of  an  inch  for  f  inch  rivets, 
If  of  an  inch  for  |-  inch  rivets, 
1^  of  an  inch  for  1  inch  rivets. 


Wherever  possible,  however,  the  distance  shall  be  ecpial  to 
two  diameters.    All  rivets,  wherever  practicable,  shall  be  ma-  Machine 

,.,.  rm-  •  •  1111  •!  driven 

chme  driven.     The  rivets  m  connections  shall  be  proportioned  rivets. 
and  placed  to  suit  the  stresses.    The  pitch  of  rivets  shall  never 

iiiiT  f»i-  1-      Pitch  of 

be  less  than  three  diameters  or  the  rivet,  nor  more  than  six  rivets. 
inches.    In  the  direction  of  the  stress  it  shall  not  exceed  six- 
teen times  the  least'  thickness  of  the  outside  member.    At  right 
angles  to  the  stress  it  shall  not  exceed  thirty-two  times'  the 
least  thickness  of  the   outside  member.    All  holes  shall  be 

IT  11-  -11  Assembling. 

punched  accurately,  so  that  upon  assembling  a  cold  rivet  will 
enter  the  hole  without  straining  the  material  by  drifting.  Oc- 
casional slight  errors  shall  be  corrected  by  reaming.  The  rivets 
shall  fill  the  holes  completeh^ ;  the  heads  shall  be  hemispherical 
and  concentric  with  the  axis  of  the  rivet.  Gussets  shall  be  pro-  Gussets. 
vided  wherever  reciuired,  of  sufficient  thickness  and  size  to  ac- 
commodate the  number  of  rivets  necessary  to  make  connection. 

Sec.  59.     Bolting  of  Structural  Steel  and  Wrought  Iron 
Worh. — Where  riveting  is  not  made  mandatory  connections 
may  be  effected  by  bolts.    These  bolts  shall  be  of  wrought  iron  „.     ,    ^ 
or  mild  steel,  and  they  shall  have  U.  S.  standard  thread.    The  threads  on 

bolts. 

threads  shall  be  full  and  clean,  the  nut  shall  be  truly  concen- 
tric with  the  bolt,  and  the  thread  shall  be  of  sufficient  length  to 


870 


OKDINANCES. 


allow  the  nut  to  be  screwed  up  tightly.  When  bolts  go  through 
bevel  flanges,  bevel  washers  to  match  shall  be  used  so  that  the 
head  and  nut  of  bolt  are  parallel.  When  bolts  are  used  for 
suspenders,  the  working  stresses  shall  be  reduced  for  wrought 
iron  to  ten  thousand  pounds  and  for  steel  to  fourteeen  thou- 
sand pounds  per  square  inch  of  nut  area,  and  the  load  shall  be 
transmitted  into  the  head  or  nut  by  strong  washers  distribut- 
ing the  pressure  evenly  over  the  entire  surface  of  the  same. 
Turned  bolts  in  reamed  holes  shall  be  deemed  a  substitute  for 
field  rivets. 


Transverse 
stress. 


Sec.  60.  Steel  and  Wrought  Iron  Trusses. — Trusses 
shall  be  of  such  design  that  the  stresses  in  each  member  can  be 
calculated.  All  triisses  shall  be  held  rigidly  in  position  by  ef- 
ficient systems  of  lateral  and  sway  bracing,  struts  being  spaced 
so  that  the  maximum  limit  of  length  to  least  radius  of  gyration 
as  established  in  Section  47  of  this  ordinance  is  not  exceeded. 
Any  member  of  a  triLss  sub.jected  to  transverse  stress,  in  addi- 
tion to  direct  tension  or  compression  shall  have  the  stresses 
causing  such  strain  added  to  the  direct  stresses  coming  on  the 
member,  and  the  total  stresses  thus  formed  shall  in  no  case  ex- 
ceed the  working  stresses  stated  in  this  ordinance. 


Tension. 


Sec.  61.  Riveted  Steel  and  Wrought  Iron  Trusses. — For 
tension  members,  the  actual  net  area  only,  after  deducting 
rivet  holes,  one-eighth  inch  larger  than  the  rivets,  shall  be  con- 
sidered as  resisting  the  stress.  If  tension  members  are  made 
of  angle  irons  riveted  through  one  flange  only,  only  that  flange 
shall  be  considered  in  proportioning  areas. 


Bolts. 


Kivets  to  be  proportioned  as  prescribed  in  this  ordinance. 
If  the  axis  of  two  adjoining  web  members  do  not  intersect 
within  the  line  of  the  chords,  sufficient  area  shall  be  added  to 
the  chord  to  take  up  the  bending  strain.  No  bolts  shall  be  used 
in  the  connections  of  riveted  trusses,  excepting  when  riveting 
is  impracticable,  and  then  the  holes  shall  be  drilled  or  reamed. 


Sec,  62.  Steel  and  Iron  Pin-connected  Trusses.— The 
bending  stresses  on  pins  shall  be  limited  to  twenty  thousand 
pounds  for  steel  and  fifteen  thousand  pounds  for  iron.     All 


ORDINANCES.  871 

compression  members  in  pin-connected  trusses  shall  be  propor-  compression, 
tioned.  using  seventj'-five  per  cent,  of  the  permissible  working 
stress  for  columns.     The  heads  of  all  eye-bars  shall  be  made 
by  upsetting  or  forging.    No  weld  will  be  allowed  in  the  body  Annealed 
of  the  bar.     Steel  ej^e-bars  shall  be  annealed.     Bars  shall  be  ^^^^■ 
straight  before  boring.    All  pin-holes  shall  be  bored  true,  and 
at  right  angles  to  the  axis  of  the  members,  and  must  fit  the  pin 
within  one-thirty-second  of  an  inch.     The  distances  of  pin- 
holes from  centre  to  centre  for  corresponding  members  shall  be 
alike,  so  that,  when  piled  upon  one  another,  pins  will  pass 
through  both  ends  without  forcing.    Ej^es  and  screw  ends  shall  -^y^^  ^^d 
be  so  proportioned  that  upon  test  to  destruction — fracture  ^'^^'^"^  ^""i^- 
will  take  place  in  the  body  of  the  member.     All  pins  shall  be 
accurately  turned.    Pin-plates  shall  be  provided  wherever  nec- 
essary to  reduce  the  stresses  on  pins  to  the  working  stresses 
prescribed  in  Section  47  of  this  ordinance.     These  pin-plates 
shall  be   connected   to   the   members    by   rivets    of  sufficient 
size  and  number  to  transmit  the  stresses  without  exceeding 
working  stresses.    All  rivets  in  members  of  pin   connected 
trusses  shall  be  machine  driven.    All  rivets  in  pin-plates  which 
are  necessary  to  transmit  stress  shall  be  also  machine  driven. 
The  main  connection  of  members  shall  be  made  by  pins'.  Other  Main  con- 
connection  may  be  made  by  bolts.    If  there  is  a  combination  ol  shall  be 
riveted  and  pin  connected  members  in  one  truss,  these  mem-  ^ins.^   ^ 
bers  shall  comply  with  the  requirements  of  pin   connected 
trusses,  but  the  riveting  shall  comply  with  the  requirements  of 
Section  58  of  this  ordinance. 

Sec.  63.  Iron  or  Other  Metal  Fronts. — All  cast  iron  or 
metal  fronts  shall  be  backed  up  or  filled  in  with  masonry  of  the 
thickness  provided  for  in  Sections  14  and  22  of  this  ordinance. 

Sec.  64.  Painting  of  Structural  Metal  ^York. — All  struc- Painting  of 
tural  metal  work  shall  be  cleaned  of  all  scale,  dirt  and  rust,  metai  work, 
and  be  thoroughly  coated  with  one  coat  of  paint.  Cast  iron 
columns  shall  not  be  painted  until  after  inspection  by  the 
Building  Inspector.  Where  surfaces  of  rivet  work  come  in 
contact  they  shall  be  painted  before  assembling.  After  erec- 
tion all  work  shall  be  painted  at  least  one  additional  coat.  All 
iron  or  steel  used  under  water  shall  be  inclosed  with  concrete. 


872  ORDINANCES. 

CLASSIFICATION  OP  BUILDINGS. 
Classifica-  *  i  •      • 

tion  of  Sec.  65.    All  building's  hereafter  erected  or  altered  in  the 

City  of  Wilmington,  shall  be  classified  as  follows : 

First  class.  Buildings  of  the  first  class  shall  include  all  buildings  in 

which  all  the  walls,  floors,  columns,  girders,  beams,  stairways, 
elevator  enclosures,  partitions  and  roofs  are  of  brick,  terra 
cotta,  stone,  concrete,  steel  or  iron. 

Second  class.  Buildings  of  the  second  class  shall  include  all  buildings 

the  walls  of  which  are  as  hereinbefore  specified  for  buildings 
of  the  first  class,  but  in  which  the  floors,  columns,  beams  and 
girders  are  of  construction  knoA\ni  as  "slow  burning  construc- 
tion," in  which  all  columns  and  girders  shall  be  of  wood,  and 
in  which  no  column  shall  be  of  less  dimensions  than  sixty-four 
square  inches,  and  no  girder  or  floor  beam  less  than  six  inches 
in  its  least  dimension.  The  flooring  to  be  of  plank  not  less 
than  two  and  three-quarters  inches  thick,  when  dressed,  and 
the  roof  of  plank  not  less  than  one  and  three-quarters  inch 
thick,  when  dressed ;  'provided,  that  in  such  buildings,  iron  or 
steel  may  be  used  for  beams,  colimms  or  girders,  if  the  same  be 
protected  with  fireproof  materials,  as  hereinafter  set  forth  for 
buildings  of  the  first  class. 

Third  class.  Buildings  of  the  third  class  shall  include  all  buildings  of 

the  Avails  of  which  are  as  hereinbefore  specified  for  buildings 
of  the  first  class,  but  which  in  their  interior  construction  are 
not  in  accordance  with  the  requirements  as  hereinbefore  set 
forth  buildings  of  the  first  and  second  classes,  or  the  floors  of 
which  may  be  ordinary  house  or  joist  construction. 

Fourth  class.  Buildings  of  the  fourth  class  shall  include  all  buildings 

other  than  those  of  character  specified  for  first,  second  and 
third  class  construction. 

What  build-  Sec.  66.    Buildings  WJiiclt  Shall  Be  of  the  First  Class. — 

be  of  first  Any  building  he*reafter  erected  or  altered,  to  be  used  as  a  hos- 
pital, asylum,  or  institution  for  the  care  or  treatment  of  per- 
sons, the  height  of  which  exceeds  two  stories,  and  every  build- 
ing hereafter  erected  or  altered  to  be  used  as  an  apartment 


class. 


ORDINANCES.  873 

house,  tenement  house,  flat  house,  lodging  house,  hotel,  or  po- 
lice station,  the  height  of  which  exceeds  four  stories,  shall  be  a 
building  of  the  first  class ;  and  no  building  of  any  kind,  except 
as  hereafter  provided,  shall  be  erected  or  raised  to  a  height  ex- 
ceeding sixty-five  feet,  .except  the  same  be  a  building  of  the 
first  or  second  class ;  and  no  building  shall  be  erected  or  raised 
to  a  height  exceeding  eighty-five  feet  except  the  same  be  a 
building  of  the  first  class ;  and  all  buildings  of  a  height  of  six 
stories  shall  be  a  building  of  the  first  class. 

All  buildings  of  the  first  class  hereafter  erected  or  altered.  Fireproof 

°  walls  and 

to  be  used  for  warehouse,  store  or  factory  purposes,  shall  be  so  partitions. 
divided  by  fireproof  walls  or  partitions  on  every  floor,  except 
as  hereinafter  provided,  that  no  space  on  any  floor,  not  so  di- 
vided, shall  exceed  twenty-five  thousand  square  feet;  and  no 
existing  wall  or  partition  in  any  such  buildings,  shall  be  re- 
moved so  as  to  leave  a  space,  not  so  divided,  of  more  than 
twenty-five  thousand  square  feet.  Such  walls  or  partitions 
shall  extend  from  the  fireproof  construction  of  the  floors  to  the 
fireproof  beam  filling  of  ceilings.  The  openings  or  doorways  openings  or 
in  any  such  walls  or  partitions  shall  not  exceed  three  in  doorways, 
number  for  each  floor,  for  each  such  wall  or  partition,  and 
no  such  opening  shall  exceed  ten  feet  in  wddth.  Each  open- 
ing must  be  provided  with  two  sets  of  standard  fire  doors, 
separated  by  the  thickness  of  the  wall  or  partition,  said 
doors  to  be  constructed  and  himg  as  provided  elsewhere  in 
this  ordinance.  All  of  the  said  openings  through  partitions 
of  fireproof  material  shall  have  metal  frames  or  studs, 
securely  fastened  to  floor  and  ceiling,  and  such  metal  .studs 
shall  be  covered  with  such  fire-resisting  materials  as  shall  be 
approved  by  the  Building  Inspector.  No  wood  for  framing  or  wood  not 
fastening  shall  be  used  for  such  openings.  Provided,  liowever,  ^^®*^- 
that  the  space  or  spaces  of  the  first  or  grade  floor  of  any  such 
buildings  may  exceed  twenty-five  thousand  square  feet,  when 
the  entire  building  is  under  the  protection  of  an  approved  sys- 
tem of  automatic  sprinklers,  so  long  as  such  sj'stem  shall  be 
kept  and  maintained  in  complete  working  order.  If  such  sj'S- 
tem  shall  not  be  maintained  and  kept  in  such  order,  it  shall  be 
the  duty  of  the  Building  Inspector  to  give  written  notice  to 


874 


ORDINANCES. 


the  tenants  or  owners,  served  upon  the  premises,  of  said  fact, 
and  within  sixty  days  thereafter  the  division  by  fireproof 
walls  or  partitions,  as  above  provided,  shall  be  made,  and  there^ 
after  maintained. 


Further  re- 
quirements 
of  buildings 
of  first  class 


Brick  or 
hollow  tile. 


No  building  shall  be  deemed  a  building  of  the  first  class 
unless  the  enclosing  or  division  walls  are  wholly  or  in  part 
supported  on  iron  or  steel  beams,  girders  and  columns;  such 
beams,  girders  and  columns  shall  be  protected  against  the  ex- 
ternal changes  of  the  atmosphere  and  against  fire  by  a  cover- 
ing of  brick,  terra  cotta,  fire  clay,  tile  or  other  approved  fire- 
proofing,  completely  enveloping  said  structural  members  of 
iron  or  steel.  Said  fire  proofing  around  outside  columns  and 
beams,  if  of  brick,  shall  not  be  less  than  eight  inches ;  if  of 
hollow  tile,  shall  not  be  less  than  six  inches  thick,  and  there 
shall  be  at  least  two  sets  of  air  spaces  between  the  iron  and 
steel  members  and  the  outside  of  the  hollow  tile  covering.  In 
all  cases  the  briclc  or  hollow  tile  shall  be  bedded  in  cement  mor- 
tar close  up  to  the  iron  or  steel  members,  and  all  joints  shall 
be  made  full  and  solid.  No  building  shall  be  deen^ed  a  fire- 
proof building  unless,  in  addition  to  the  above  required  cover- 
ing of  the  iron  and  steel  members,  all  the  interior  columns, 
beams  and  girders  be  enveloped  in  such  fire-resisting  materials 
as  shall  be  approved  by  the  Building  Inspector.  The  filling 
betw^een  the  individual  floor  beams  and  girders  shall  be  one  of 
the  fireproof  systems  in  use,  as  approved  bj^  the  Building  In- 
spector, and  must  in  every  case  have  stood  the  test  of  three 
times  the  load  for  which  the  floor  is  designed,  without  the  sign 
of  cracking.  No  wood  or  other  inflammable  material  shall  be 
used  in  any  part  of  any  such  building,  except  the  doors  and 
windows  and  their  frames,  the  trims,  the  casings,  the  interior 
finish,  when  filled  at  the  back  with  fireproof  materials ;  and  the 
floor  boards  and  sleepers,  directly  under  the  spaces  between 
and  under  sleepers  must  be  filled  up  and  leveled  off  at  the  top 
of  the  said  sleepers  with  concrete  or  other  incombustible  ma- 
terial. All  interior  columns,  and  the  lower  flanges  of  all  gir- 
ders of  iron  or  steel,  shall  be  protected  with  at  least  three 
inches  of  brick,  terra  cotta,  concrete,  or  other  fire-resisting  ma- 
terials, as  shall  be  approved  by  the  Building  Inspector.     The 


ORDINANCES.  875 

Aveb  of  all  girders,  and  the  flanges  and  web  of  all  beams,  to  be 
protected  by  not  less  than  two  inches  of  terra  cotta,  brick,  con- 
crete or  other  fireproof  material;  but  the  extreme  outer  edge 
of  lugs,  brackets,  and  similar  supporting  metal  may  project 
within  one  inch  of  the  surface  of  the  fireproofing.  Where  the 
bases  of  iron  or  steel  columns  are  independent,  the  said  bases 
shall  be  either  cast  steel,  thoroughly  annealed  or  built-steel 
bolsters.  Built  sections  of  girders  Dr  columns,  in  which  all 
parts  are  not  accessible  after  erection,  shall  be  filled  with  con- 
crete, in  the  proportion  of  one  part  of  Portland  cement  to 
three  parts  of  sand  and  five  parts  of  stone,  to  pass  a  three- 
fourths  of  an  inch  mesh.  The  maximum  span  for  arches  of 
brick,  terra  cotta,  concrete,  or  other  patent  floors,  shall  not  ex-  ^ace"for^ 
ceed  eight  feet;  but  nothing  herein  contained  shall  prohibit ^'^°^®^' 
the  use  of  reinforced  concrete  or  heterogeneous  sj'stems,  pro- 
vided the  depth  of  the  floor  beams  or  girders  is  three-fifths  of 
an  inch  per  foot  of  span,  and  that  a  test  for  strength,  and  fire 
and  water  resistance,  satisfactory  to  the  Building  Inspector, 
shall  be  given  for  said  reinforced  or  heterogeneous  system.  No 
arch  in  any  floor  system  shall  have  a  rise  of  less  than  one  and  Rise  of 

,        •       1  £      J.     £  arches. 

one-quarter  inch  per  root  oi  span. 

In  buildings  of  the  first  class,  all  pipes,  conduits,  mains,  conduits 
wiring,  and  conveyances  for  conducting  heat,  light  or  water,  wiring-.  &c. 
shall  be  encased  in  separate  fireproof  ducts,  and  shall  not  be 
enclosed  in  the  fireproofing  surrounding  any  column,  girder  or 
beam  of  steel  or  iron. 

Provided,  also,  that  this  section  shall  not  applv  to  one-  Not  apply  to 

'  '  .  one-story 

story  buildings,  used  only  for  working  in  non-combustible  ma-  buildings. 
terials,  and  that  nothing  contained  in  this  section  shall  pre- 
vent the  erection  of  grain  elevators,  church  spires,  towers  for 
observation  purposes,  and  structures  for  similar  uses,  all  of 
which  structures  shall  be  constructed  in  such  manner  and  un- 
der such  conditions  as  may  be  prescribed  by  the  Building  In- 
spector. 

Sec.  67.    Buildings  of  the  second  class  in  wiiicli  any  floor  ByiKji^gg  ^f 
area  between  exterior  walls  exceeds  fifteen  thousand  square  ^^^gl^^*''^*^ 
feet,  and  buildings  of  the  third  class  in  which  any  floor  area 


876 


Walls. 


ORDINANCES. 

between  the  exterior  walls  shall  exceed  five  thousand  square 
feet,  shall  be  so  divided  by  walLs  of  brick,  stone,  concrete,  or 
such  other  fire-resisting  material  as  shall  be  approved  by  the 
Building-  Inspector  that  no  space  inside  such  building  shall  ex- 
ceed fifteen  thousand  or  five  thousand  square  feet,  respectively, 
as  hereinbefore  set  forth ;  the  said  walls  to  be  of  the  thickness 
as  now  required  by  law,  and  shall  extend  through,  and  at  least 
three  feet  above  the  roof?  No  existing  walls  in  any  buildings 
of  the  second  or  third  class  shall  be  removed,  so  as  to  leave  a 
space  inside  any  building  which  shall  exceed  the  areas  herein- 
before set  forth  for  each  class. 


Provided,  Iwwever,  that  in  buildings  of  the  third  class,  the 
floor  area  may  be  seventy-five  hundred  square  feet,  if  the  floors 
and  roof  be  made  of  plank  not  less  than  one  and  three-quar- 
ters inch  thick,  when  dressed. 

Openings.  Openings  may  be  made  in  such  di\asion  walls,  of  the  size, 

number  and  character  as  provided  in  Section  QQ,  for  building 
of  the  first  class,  if  protected  by  standard  fire  doors  as  pro- 
vided in  that  section. 

Not  apply  Provided  further,  that  this  section  shall  not  apply  to  pri- 

tO  private  in-  ^         ■^    t  tip 

dwellings       vate  dwellings,  nor  to  one-story  buildings  used  only  tor  work- 
er one-story   .       .  1      .-1 1         -     •  'i 
buildings.       mg  in  non-eom))iLstible  materials. 

In  buildings,  other  than  buildings  of  the  first  class,  skele- 
ton wall  construction  shall  not  be  permitted. 


Party  walls. 


All  party  walls  in  buildings  of  the  first  and  second  and 
third  classes,  except  dwellings  and  buildings  of  similar  light 
construction,  shall  extend  through,  and  at  least  three  feet 
above  the  roof. 


stairwa  s  ^^^-  ^^'    ^^^  stairways  hereafter  placed  in  any  buildinbs 

in  ware-         of  the  first,  sccoud  or  third  classes,  used  for  Avarehouse,  store 

houses  shall 

be  enclosed,  or  factory  purposes,  and  in  which  any  floor  area  between  ex- 
terior Avails  exceeds  five  thousand  square  feet,  and  all  elevators, 
hoistways,  hatchways,  well  holes,  chutes,  dumb  Avaiters  and  in- 
terior light  or  vent  shafts,  or  shafts  of  any  description,  here- 


ORDINANCES.  877 

after  placed  in  any  building',  except  such  fireproof  buildings 
as  are  occupied  for  office  purposes  only,  shall  be  enclosed,  be- 
tween floors  and  ceilings  of  each  story,  in  suitable  Avails  of 
brick,  or  with  a  suitable  framework  of  iron  and  burnt  clay 
filling,  or  of  such  other  fireproof  material  and  form  of  con- 
struction as  may  be  approved  by  the  Building  Inspector,  ex- 
cept that  the  enclosure  walls,  required  by  this  section  in  any 
non-fireproof  building,  used  as  warehouses  or  factories,  shall 
be  of  brick.     All  such  walls  or  construction  where  elevator, 
stairs,  hoist,  hatchway,  chute,  dumb  waiter,  light  or  vent  shaft, 
or  other  shaft,  extends  to  the  top  floor,  shall  extend  at  least 
three  feet  above  the  roof.    If  the  enclosure  Avails  are  of  brick, 
any  of  the  above  shafts  may  be  in  the  same  enclosure,  pro-  fbove^^^e"*^ 
Anded  the  stairAvays  are  constructed  of  non-combustible  mate-  ^°°^" 
rial.    All  interior  openings  in  the  enclosure  Avails  of  elcA^ators, 
stairAvays,  hoistwaj's,  hatchAvays,  chutes  and  dumb  Avaiters,  interior 
shall  be  proAdded  Avith  fireproof  doors,  made  solid  for  their  full  shaiTbf  pro- 
height,  and  set  in  fireproof  frames  and  fittings.     Lights  of  firepro^f'^'^ 
wire-glass,  in  metal  frames,  may  be  placed  in  such  doors  and  coverings. 
in  the  enclosure  Avails,  but  no  one  pane  of  Avire-glass  shall  ex- 
ceed in  area  tAvo  hundred  and  fifty  square  inches,  between 
muntins. 

All  exterior  openings  in  the  enclosure  Avails  of  stairAvaA^s,  Exterior 

.  .  .  '     „  openings. 

elcA^ators,  or  dumb  Avaiters,  and  all  openings  in  the  Avails  of 
the  interior  light  or  A^ent  shafts,  shall  be  provided  with  ap- 
proved wire-glass  window^s  set  in  approved  metal  frames,  but 
no  one  pane  of  wire-glass  in  such  AvindoAvs  shall  be  larger  than 
tAA^enty-four  inches  by  thirty  inches  between  muntins.  Auto- 
matic closing  trap  doors,  tin-lined  on  the  under  side,  at  each  Automatic 

°  J^  '  trap  doors. 

floor,  Avhen  approA^ed  by  the  Building  Inspector  maA''  be  substi- 
tuted for  the  above  named  enclosure  Avails  for  hoist  ways  (Avith- 
out  cars),  hatcliAvays  and  chutes. 

The  roofs  over  the  enclosed  elevators,  stairways,  hoist-  Fireproof 
Avays,  hatchAvays,  chutes  and  dumb  Avaiters  shall  be  made  of 
fireproof  materials,  Avith  skylight  or  sidelights  aboA^e  the  roof, 
at  least  three-quarters  the  area  of  the  shaft,  made  of  glass  set 
in  iron  frames.  When  the  shafts  do  not  extend  to  the  ground, 
the  bottom  floor  of  the  shaft  shall  be  constructed  of  fireproof 


878  ORDINANCES. 

material.  In  all  buildings  of  the  first,  second  or  third  class, 
in  which  any  floor  area  between  the  exterior  walls  is  five  thou- 
sand square  feet  or  less,  the  stairways  shall  be  of  such  number, 
and  protected  in  such  manner,  as  may  be  approved  by  the 
Building  Insi3ector. 

Exception.  Provided,  however,  that  nothing-  in  this  section  shall  ap- 

ply to  any  building  not  over  two  stories  in  height,  nor  to  pri- 
vate dwellings  and  buildings  of  similar  light  construction, 
stores  with  jDrivate  dwelling  occupancy  entirely  above  the 
grade  floor,  and  stables. 

Sec.  69.  Standard  Fire  Doors  and  Fire  Shutters. — When- 
ever standard  fire  doors  or  fire  shutters  are  referred  to  in  this 
ordinance  they  shall  be  constructed  as  follows,  namely :  Not 
less  than  two  thicknesses  of  one-inch  boards,  laid  diagonally, 
and  securely  fastened  together  by  wrought  iron  clinched  nails 
and  covered  with  I.  C.  tin  plates,  not  exceeding  fourteen  by 
twenty  inches,  joints  to  be  locked  one-half  inch  and  nailed  un- 
der seams,  and  corners  to  have  mitre  fold  (not  mitre  joint). 
Doors  and  shutters  to  overlap  sides  and  top  of  opening  four 
inches,  and  to  close  tight  against  smooth  masonry  (not  wood 
trimmed)  and  sill.  Sills  to  be  of  non-combustible  material, 
resting  on  and  built  into  brick  or  stone  wall,  and  extending  un- 
der and  beyond  outer  surface  of  doors.  Doors  and  shutters  to 
be  hung  on  wrought  iron  wall-ej'es,  or  to  slide  on  track  of 
heavy  flat-rolled  steel.  All  hardware,  such  as  hinges,  hangers, 
wall-eyes,  track  bolts,  binders,  handles,  latches,  catches,  etc., 
to  be  of  heavy  wrought  iron,  built  in  wall  or  bolted  through 
wall  or  door  or  shutter.  All  fire  doors  and  shutters  shall  be 
closed  at  night,  and  whenever  the  building  is  not  in  actual  use ; 
at  least  one  in  three  shutters,  on  each  floor  above  the  first,  be- 
ing so  arranged  that  it  can  be  opened  from  both  outside  and 
inside. 


Walls  shall  ^^^-  '^^-    ^^  ^^^  buildings  hereafter  erected  or  altered  to 

furred  with  ^^^  Hscd  for  warehouse,  store,  or  factory  purposes,  the  walls 

^°°'^-  shall  not  be  furred  with  wood ;  nor  shall  any  partition,  extend- 

.  ing  from  floor  to  ceiling  be  constructed  with  wooden  studs.   In 


ORDINANCES.  879 

non-fireproof  buildings,  to  be  use'd  for  warehouse,  store  or  fac- 
tor}' purposes,  such  partitions  shall  be  constructed  of  some 
non-combustible  material  to  be  approved  by  the  Building  In- 
spector, or  of  plank  not  less  than  three  inches  thick,  with 
tongues,  and  dressed  on  all  sides.  If  such  walls  or  partitions 
are  to  be  plastered,  the  plaster  shall  be  applied  directly  to  the 
masonry  or  partition,  or  over  metal  lath,  without  air  spaces  be- 
hind. 

In  all  buildings  hereafter  erected  or  altered  to  be  used  for 
warehouse,  store  or  factory  purposes,  the  ceilinus  shall  not  be  ceilings  in 

_  ,/    r-      jr  7  ^  wareliouses, 

furred  with  wood,  nor  shall  any  wooden  or  combustible  mate-  &c.  shaii 

'  "^  not  be  furred 

rial  be  applied  to  form  a  ceiling.    If  plaster  is  applied  it  shall  with  eom- 

_     ^  ^  ^  '^^  bustible  ma- 

be  applied  over  metal  lath.  teriai. 

Sec.  71.  Tower  Fire  Escapes.  («) — All  buildings  of  the 
first,  second  and  third  classes,  hereafter  erected  or  altered  to 
be  used  as  schoolhouses,  tenement  houses,  apartment  houses, 
flat  houses,  stores,  offices,  manufactories,  workshops,  milLs  or 
places  of  assembly  or  resort,  shall  have  in  addition  to  the  main 
stairs  or  other  means  of  egress,  a  tower  fire  escape,  or  escapes, 
as  set  forth  in  the  following  schedule : 

(a)   As  to  fire  escapes,  see  Kevised  Code  1893,  p.  929. 

BUn^DINGS  OF  THE  FIRST  CLASS. 

One  Tower  Fire  Escape  Two    Tower   Fire   Escape 

Number  of  Maximum  area 


stories 
in  height 

per  floor 
in  square  feet 

Area   per  floor 
square  feet 

?or    4, 
5, 
6, 

20,000 
15,000 
12,000 

Over  20,000  to  25,000 
Over  15,000  to  25,000 
Over  12,000  to  25,000 

7, 

10,000 

Over  10,000  to  22,000 

8, 

9,000 

Over    9,000  to  20,000 

9,  ■ 
10, 

8,000 
7,500 

Over  8,000  to  18,000 
Over    7,500  to  17,000 

11, 
12, 

7,000 
6,500 

Over  7,000  to  16,000 
Over    6,500  to  15,000 

Fire 
escapes. 


880  ORDINANCES. 

BUILDINGS  OP  THE  SECOND  AND  THIRD  CLASSES. 

One  Tower  Fire  Escape  Two  Towei*  Fire  Escape 
Xumber  of                   jNIaximum  area 

stories  per  floor  Area  per  floor 

in  heigiht  in  square  feet  square  feet 

3,  10,000  Over  10,000  to  15,000 

4,  6,000  Over    6,000  to  12,000 

5,  4,500  Over    4,500  to  10,000 

6,  3,500  Over    3,500  to    8,000 

If  the  total  floor  space  above  the  second  floor  exceeds  the 
number  of  square  feet  as  set  forth  in  the  above  schedule,  there 
may  be  required,  in  addition  to  the  above  mentioned  number 
of  fire  escapes,  as  many  additional  tower  fire  escapes  as  the 
Building  Inspector  may  determine. 

The  location  and  construction  of  all  stairways  and  tower 
fire  escapes  shall  be  determined  and  approved  by  the  Building 
Inspector.  («) 

(a)   The  above  refers  to  "tower  fire  escapes." 

See  Sec.  2  of  Eev.  Code  of  1893,  p.  929,  as  to  the  duties  of  the  Chief 
Engineer  of  the  Fire  Department  as  to  fire  escapes. 

Provided,  that  this  section  does  not  applv  to  office  build- 
Not  to  apply    .  „  ^  . 
to  office         mgs  of  the  first  class,  nor  to  buildings  less  than  three  stories 

buildings  of.^  ti-it  n  i  p  •        •       -i     ■    -, 

first  class,      high,  and  buildings  of  a  greater  number  oi  stories  m  height 

&c. 

than  tw(3,  in  which  the  stories  above  the  second  story  are  not 
occupied  by  persons.  Provided,  that  in  store  buildings,  in 
which  the  tower  fire  escapes  in  the  first  storj^  would  interfere 
with  the  show  windows,  the  said  tower  may  stop  at  the  second 
floor  level,  and  that  an  exterior,  continuous  balcony  be  pro- 
vided at  the  second  floor  level,  with  drop  ladders. 

Safe  means  All  buildings  used  as  stores,  department  stores,  or  build- 

from  base-  iugs  of  any  kind  in  which  people  assemble  in  the  basement  of 
said  stores  or  buildings,  there  shall  be  provided  safe  means  of 
egress  from  the  basement,  leading  directly  to  th«  street,  the 
proper  location  of  such  places  of  egress  to  be  determined  by 
the  Building  Inspector. 

Definition.  Sec.  72.    Ill  tliis  Ordinance  the  term  "height"  of  a  build- 

ing means  the  vertical  distance  of  the  highest  point  of  the 


ORDINANCES.  881 

roof,  in  the  case  of  flat  roofs ;  and  for  high  pitched  roofs,  the 
average  of  the  height  of  the  gable  above  the  mean  grade  of  the 
curbs  of  all  the  streets,  or  the  mean  grade  of  the  natural 
ground  adjoining  the  building,  if  the  said  grade  or  ground  is 
not  beloAV  the  grade  of  the  curb. 

Sec.    73.      School    Buildiuqs. — All    buildings    hereafter  school 

•^  ^  _     buildings 

erected  or  altered  for  school  purposes  shall  be  constructed  inrnustcon- 

^        ^  form  to  re- 

accordance  mth  the  provisions  of  this  ordinance.  quirements. 

All  such  buildings  having  a  seating  capacity  of  less  than 
hundred,  or  which  is  not  over  two  stori 
in  height  niav  be  a  building  of  the  third  class. 


four  hundred,  or  which  is  not  over  two  stories  and  basement  capacity, 


All  such  buildings  having  a  seating  capacity  of  four  hun- 
dred and  less  than  six  hundred,  or  which  is  not  over  three 
stories  and  basement  in  height  shall  be  a  building  of  the  first 
or  second  class. 

All  such  buildings  having  a  greater  seating  capacity  than 
six  hundred,  and  which  are  more  than  three  stories  and  base- 
ment in  height  shall  be  a  building  of  the  first  class. 

Stories,  Height  of. — No  story  above  the  basement  shall  beHeig-htof 
less  than  twelve  feet  in  height. 

Stairways. — The  stairways  in  school  buildings  shall  be  in  width  of 
width  equivalent  to  fifteen  inches  for  every  hundred  of  seat-  ^t^""^'^^'^- 
ing  capacity  in  such  building.    No  stairway  shall  be  less  than 
four  feet  wide  in  the  clear,  except  where  more  than  two  stair- 
ways lead  down  from  any  one  floor,  in  which  case  stairways 
three  feet  wide  in  the  clear  may  be  counted  in  the  total  width 
of  stairways  required  where  two  or  more  stairways  are  used, 
they  shall  be  placed  at  opposite  ends  of  the  building  or  as  far 
apart  as  practicable,  and  all  such  buildings  hereafter  erected 
shall  have  at  least  two  separate  and  distinct  stairways  from 
the  ground  floor  to  the  top  floor.     All  stairways  shall  have 
hand  rails  on  each  side  thereof.     In  all  school  buildings  here- Hand  rails 
after  erected  more  than  two  stories  and  basement  in  height, 
the  stairways  and  their  enclosing  walls  shall  be  of  fireproof 


882 


ORDINANCES. 


Width  of 
corridors. 


Doors. 


Width  of 

aisles. 


construction.  The  width  of  corridors,  passageways,  hallways 
and  doors  shall  be  computed  in  the  same  manner  as  that  here- 
in provided  for  stairways.  Provided,  however,  that  no  cor- 
ridor shall  be  anywhere  less  than  five  feet  in  width,  and  no 
door  less  than  three  feet  in  width.  All  doors  in  such  building- 
shall  open  outward,  and  all  entrance  and  exit  doors  shall  be 
unlocked  at  all  times  when  the  building  is  occupied  for  school 
purposes  or  open  to  the  public. 

Aisles  in  auditoriums  and  assembly  halls,  or  class  rooms 
in  such  buildings,  shall  be  in  width  equivalent  to  eighteen 
inches  for  every  one  hundred  of  seating  capacity  in  such  audi- 
toriums and  assembly"  halls,  or  class  rooms,  but  no  such  aisle 
shall  be  less  than  two  feet  six  inches  in  \ndth  at  its  narrowest 
part.  All  aisles  and  passageways  shall  be  kept  free  from 
chairs,  camp-stools  or  any  other  obstruction,  and  no  person 
shall  be  allowed  to  stand  in  or  occupy  any  such  aislas  or  pas- 
sageways during  any  performance,  concert,  lecture  or  any 
public  assembly. 


Theatres  or 
opera  houses. 


.  THExVTRES  AND  PLACES  OF  PUBLIC  AMUSEMENT. 

Sec.  74.  Every  theatre  or  opera  house  or  other  buildings 
used  for  theatrical  or  operatic  purposes,  or  for  public  enter- 
tainments of  any  kind  where  stage  scenery  and  apparatus  are 
employed,  hereafter  erected  or  altered,  shall  be  built  to  comply 
with  the  requirements  of  this  section.  No  building  which  at 
the  passage  of  this  ordinance  is  not  in  actual  use  for  theatrical 
or  operatic  purposes,  and  no  building  hereafter  erected  not  in 
conformity  with  the  requirements  of  this  section  shall  be  used 
for  theatrical  or  operatic  purposes,  or  for  public  entertain- 
ments of  any  kind  where  stage  scenery  and  apparatus  are  em- 
ployed until  the  same  shall  have  been  made  to  conform  to  the 
requirements  of  this  section.  And  no  building  hereinbefore 
described  shall  be  opened  to  the  public  for  theatrical  or  oper- 
atic purposes  or  for  public  entertainment  of  any  kind  where 
stage  scenery  is  employed  until  the  Building  Inspector  shall 
have  approved  the  same  as  conforming  to  the  requirements  of 
this  section. 


ORDINANCES.  883 

Every  such  building-  shall  have  at  least  one  front  on  the  bl^jf^Jl^gg 
street,  which  front  shall  be  as  wide  as  the  widest  part  of  the 
auditorium,  and  in  such  front  there  shall  be  suitable  means  of 
entrance  and  exit  for  the  audience.  In  addition  to  the  afore- 
said entrance  and  exits  on  the  street  there  shall  be  reserved  for  Exits. 
service  in  case  of  an  emergency,  an  open  court  or  space  on  the 
side  not  bordering  on  the  street,  where  said  building  is  located 
on  a  corner  lot,  and  on  both  sides  of  said  building  where  there 
is  but  one  frontage  on  the  street,  the  width  of  such  open  court 
or  courts  shall  not  be  less  than  seven  feet  where  the  seating 
capacity  is  not  over  one  thousand  people,  above  one  thousand 
people,  and  not  more  than  eighteen  hundred,  eight  feet  in 
width,  above  eighteen  hundred,  ten  feet  in  width.  Said  open 
court  or  courts  shall  begin  on  a  line  with  or  near  the  proscen- 
ium wall  and  shall  extend  the  length  of  the  auditorium  and 
through  such  buildings  as  may  be  erected  on  the  street  side  of 
the  auditorium,  with  continuous  walls  of  brick  or  fireproof  ma- 
terials on  each  side,  the  entire  length  of  said  corridors,  and  the 
ceilings  and  floors  shall  be  fireproof.  Said  corridor  or  corri- 
dors shall  not  be  reduced  in  width,  except  by  the  thickness  of 
the  outer  walls  and  there  shall  be  no  pro.jection  in  same,  the 
outer  opening,  if  provided  with  doors  or  gates,  the  same  shall 
open  towards  the  street.  During  the  performance,  the  doors  During  per- 
or  gates  in  the  corridors  shall  be  kept  open  bj^  proper  fasten-  doors  must 
ings.  The  said  open  courts  and  corridors  shall  not  be  used  for  '®  ^^  °'^^^' 
storage  purposes,  or  for  any  purpose  whatever  except  for  exit 
and  entrance  from  and  to  the  auditorium  and  stage  and  must 
be  kept  clear  during  performance. 

•The  level  of  said  corridor  at  the  front^  entrance  to  the  corridor, 
building  shall  not  be  greater  than  one  riser  of  seven  inches, 
and  the  entrance  of  the  main  front  of  the  building  shall  not  be 
on  a  higher  level  from  the  sidewalk  than  four  steps  of  seven 
inch  risers  each.  To  overcome  any  difference  of  level  existing 
between  the  exits  from  the  parquet  into  courts  and  the  level 
of  the  said  corridors,  gradients  shall  be  employed  of  not  over 
one  foot  in  ten  feet  with  no  perpendicular  rise.  From  the  au- 
ditorium opening  into  the  said  open  courts  or  on  the  side  street 
there  shall  not  be  less  than  two  exits  on  each  side  in  each  tier,  orTeach'tler. 


884 


ORDINANCES. 


Width  of 
exits. 


Doors  must 
open  out- 
wards. 


Balconies. 


Staircases. 


from  and  including  the  parquet,  and  each  and  every  gallery. 
Each  exit  shall  be  at  least  five  feet  in  width  in  the  clear  and 
provided  with  doors  of  iron  or  wood ;  if  wood  the  doors  shal  I 
be  covered  with  tin  or  some  fireproof  material.  All  of  said 
doors  shall  open  outwardly,  and  must  be  fastened  with  mov- 
able bolts,  the  bolts  to  be  kept  drawn  during  performance. 

There  shall  be  balconies  not  less  than  four  feet  in  width  in 
said  open  courts  at  each  level  or  tier  above  the  parquet  on  each 
side  of  the  auditorium  of  sufficient  length  to  embrace  the  two 
exits,  and  from  said  balconies  there  shall  be  staircase  extend- 
ing to  the  ground  level,  with  a  rise  of  not  more  than  eight 
inches  and  not  more  than  nine  inches  tread.  The  staircases 
from  the  upper  balcony  to  the  next  below  shall  not  be  less  than 
thirty  inches  in  width  in  the  clear,  and  from  the  first  balcony' 
to  the  ground  three  feet  in  width  in  the  clear,  where  the  seat- 
ing capacity  of  the  auditorium  is  one  thousand  people  or  less, 
three  feet  and  six  inches  in  the  clear;  where  above  one  thou- 
sand and  not  more  than  eighteen  hundred  people,  four  feet  in 
the  clear;  where  above  eighteen  hundred  people  and  not  more 
than  twenty-five  hundred  people,  not  less  than  four  feet  six 
inches  in  the  clear. 


Balconies 
and  stair- 
cases shall 
be  of  iron. 


Theatres 
.shall  not  be 
occupied  in 
part  as 
hotel,  &c. 


All  the  before  mentioned  balconies  and  staircases  shall  be 
constructed  of  iron  throughout,  and  they  shall  be  of  ample 
strength  to  sustain  the  load  they  are  designed  to  carry,  and 
they  shall  be  covered  with  a  metal  hood  or  awning  and  to  be 
subject  to  the  approval  of  the  Building  Inspector.  Where  one 
side  of  the  building  borders  on  a  street,  there  shall  be  bal- 
conies and  staircases  of  like  capacit}^  and  Idnd  as  before  iiien- 
tioned  and  carried  to  the  ground.  No  portion  of  any  building 
hereafter  erected  or  altered  to  be  used  or  intended  to  be  used 
for  theatrical  or  other  purposes,  as  in  this  section  specified, 
shall  be  used  or  occupied  as  a  hotel,  boarding  or  lodging  house, 
factory,  workshop  or  manufactory,  or  for  storage  purposes,  ex- 
cept as  may  be  hereafter  specially  provided  for.  Said  restric- 
tion applies  not  only  to  that  portion  of  the  building  which  con- 
tains the  auditorium  and  the  stage,  but  applies  to  the  entire 
structure  in  connection  therewith.  Interior  walls  built  of  fire- 
proof materials  shall  separate  the  auditorium  from  the  en- 


ORDINANCES.  885 

trance  vestibule  and  from  any  room  or  rooms  over  same,  also 
from  any  lobbies,  corridors,  refreshment  or  other  rooms.     All 
staircases  for  the  use  of  the  audience  shall  be  enclosed  with  fh|i[  b^g^*^^ 
brick  walls  or  of  fireproof  materials  approved  by  the  Building  fireproofed. 
Inspector,  in  the  stories  through  which  they  pass,  and  the 
opening"  to  said  staircases  from  each  tier  shall  be  full  width  of 
said  staircase.    A  fire  wall,  built  of  brick,  shall  separate  the  an-  i^iieproof 
ditorium  from  the  stage  and  the  same  shall  extend  at  least  '"'^''• 
three  feet  above  the  stage  roof,  or  the  auditorium  roof,  if  the 
latter  be  the  higher,  and  shall  be  coped  with  stone.    Above  the 
proscenium  opening  there  shall  be  an  iron  girder  covered  with 
fireproof  material  to  protect,  it  from  the  heat.    There  shall  also  Relieving 
be  constructed  a  relieving  arch  over  the  same,  the  intervening  ^^'^^■ 
space  being  filled  in  with  hard-burned  brick  or  other  fireproof 
materials  of  the  full  thickness  of  the  proscenium  wall.     The  Fireproof 
moulded    frame    around    the   proscenium    opening    shall    be  "moulding. 
formed  entirely  of  fireproof  materials ;  if  metal  be  used  the 
metal  shall  be  filled  in  solid  with  non-combustible  material  and 
securely  anchored  to  the  wall  with  iron.  The  proscenium  open- 
ing shall  be  provided  with  a  fireproof  curtain  of  asbestos,  slid-  Fireproof 
ing  in  iron  grooves  securely  fastened  to  the  brick  wall  and  ex-  asbestos!^ 
tending  into  such  grooves  not  less  than  six  inches.     Said  fire- 
proof curtain  shall  be  lowered  at  the  close  of  each  performance 
and   be   opened   by  approved   machinery   for   that   purpose. 
There  shall  be  no  opening  through  the  proscenium  wall  except 
the  curtain  opening,  and  not  more  than  two  others  which  shall  ings  toough 
be  located  at  or  below  the  level  of  the  stage.    These  latter  open-  !^™f  ^^"'""^ 
ings  shall  not  exceed  twenty  superficial  feet  each,  which  shall 
have  doors  of  iron  or  wood ;  if  of  wood  the  door  shall  be  lined 
with  tin  and  securely  hung  to  rabetted  iron  frames  or  rabbets 
in  the  1)rick  wall.    They  shall  be  hung  so  as  to  be  opened  from 
either  side  at  all  times,  direct  access  to  these  floors  shall  be  pro- 
vided on  both  sides  and  the  same  shall  always  be  kept  free  and 
clear  of  all  incumbrances.     Iron  steps  shall  be  provided,  se- 
curely fixed  to  the  wall  to  overcome  any  difference  of  level  ex- 
isting betAveen  the  stage  and  auditorium.     The  roof  over  the 
auditorium  and  the  entire  main  floor  of  the  auditorium  and 
vestibules,  also  the  entire  floor  of  the  second  story  of  the  front 
superstructure  over  the  entrance  lobby  and  corridors,  and  all 


886 


ORDINANCES. 


Fireproof 
construction. 


Metal  laths. 


Partition 
walls — fire- 
proof. 


Seats. 


Aisles. 


galleries  in  the  auditorium  shall  be  constructed  of  iron  or  steel 
or  other  fireproof  materials,  not  excluding  the  use  of  wooden 
floor  boards  and  necessary  sleepers  to  fasten  the  same  to,  but 
such  sleepers  shall  not  mean  timbers  of  support.  The  fronts 
of  each  gallery  shall  be  formed  of  fireproof  materials  except- 
ing the  capping,  which  may  be  made  of  wood.  The  ceiling  un- 
der each  gallery  shall  be  entirely  formed  of  fireproof  mate- 
rials. The  ceiling  of  the  auditorium  shall  be  formed  of  fire- 
l^roof  materials.  All  lathing  wherever  used  shall  be  metal. 
The  partitions  in  that  portion  of  the  building  which  contains 
the  auditorium,  the  entrance  vestibule  and  every  room  and 
passage  devoted  to  the  use  of  the  audience  shall  be  constructed 
of  fireproof  materials  including  the  stripping  of  outside  walls. 
None  of  the  walls  or  ceilings  shall  be  covered  with  sheathing, 
canvas  or  any  combustible  material,  but  this  shall  not  exclude 
the  use  of  wood  wainscoting  to  a  height  not  to  exceed  four  feet, 
which  shall  be  filled  in  solid  between  the  wainscoting  and  the 
wall  with  fireproof  material.  The  walls  separating  the  actors' 
dressing  rooms  from  the  stage  and  the  partitions  dividing  the 
dressing  rooms,  together  with  the  partitions  of  every  passage- 
Avay  from  the  same  to  the  stage,  and  all  other  partitions  on  or 
about  the  stage  shall  be  constructed  of  fireproof  material  ap- 
proved by  the  Building  Inspector.  All  doors  in  any  of  said 
partitions  shall  be  of  iron  or  wood  constructed  as  hereinbefore 
described.  All  seats  in  the  auditorium,  excepting  those  con- 
tained in  the  boxes,  shall  be  firmly  secured  to  the  floor,  and  no 
seat  in  the  auditorium  shall  have  more  than  six  seats  interven- 
ing between  it  and  an  aisle  on  either  side,  and  no  stool  or  seat 
shall  be  placed  in  any  aisle.  All  platforms  in  galleries  formed 
to  receive  the  seats  shall  not  be  more  than  twenty  inches  in 
height  of  riser  nor  less  than  thirty  inches  in  width  of  platform. 
All  aisles  on  the  respective  floors  in  the  auditorium  having 
seats  on  both  sides  of  same  shall  be  not  less  than  three  feet 
wide  where  they  begin,  and  shall  be  increased  in  width  to- 
wards the  exits  in  the  ratio  of  one  and  one-half  inches  to  five 
running  feet.  Aisles  having  seats  on  one  side  only  shall  not  be 
less  than  twenty-seven  inches  wide  at  their  beginnipg,  and  in- 
creased in  width  the  same  as  aisles,  having  seats  on  both  sides. 


ORDINANCES.  887 

Gradients  or  inclined  planes  shall  be  employed  instead  of  ^^"p^|ce*of 
steps  where  possible  to  overcome  slight  difference  of  level,  in  steps. 
or  between  aisles,  corridors  and  passages.     Every  theatre  ac- 
commodating three  hundred  persons  shall  have  at  least  two 
exits,  when  accommodating'  five  hundred  persons  at  least  three 
exits  shall  be  provided,  three  exits  not  referring  to  or  includ- 
ing the  exits  to  the  open  courts  at  the  sides  of  the  theatres. 
Doorways  of  exits  or  entrances  for  the  use  of  the  public  shall  ^3^^^.^,^^^.^ 
not  be  less  than  five  feet  wide,  and  for  every  additional  one 
hundred  in  excess  of  five  hundred  persons,  twenty  inches  addi- 
tional exit  width  must  be  allowed.     All  doors  of  exit  or  en- 
trance shall  be  hung  to  open  outwardh*,  and  no  such  doors  ^°op|noiu- 
shall  be  locked  during  any  performance,  or  when  the  building  '"'^^<^- 
is  open  to  the  public.    Distinct  and  separate  places  of  entrance 
and  exit  shall  be  provided  for  each  gallery  above  the  first.    A 
common  place  of  exit  and  entrance  may  serve  for  the  audi- 
torium and  the  first  gallery,  provided  its  capacity  be  equal  to 
the  aggregate  capacity  of  the  outlets  from  the  main  floor  and 
the  said  gallery.     No  passage  leading  to  any  stairw^ay  com- 
municating with  any  entrance  or  exit  shall  be  less  in  width 
than  four  feet  in  any  part  thereof.    All  stairways  within  the  stairways 
building  shall  be  constructed  of  fireproof  material  throughout,  proof.  ^ 

Stairway's  serving  for  the  exit  of  fifty  people,  must,  if  ^^frwa^ys 
straight,  be  at  least  four  feet  wide  between  railings  or  between 
walls,  and  if  curved  or  winding,  five  feet,  and  for  every  fifty 
people  to  be  accommodated,  six  inches  must  be  added  to  their 
width.  In  no  case  shall  the  risers  of  any  stairs  exceed  seven 
inches  in  height,  nor  shall  the  treds.  exclusive  of  the  nosings, 
be  less  than  nine  and  one-half  inches  in  straight  stairs.  In  cir- 
cular stairs  the  width  of  tread  at  the  narrowest  end  shall  not 
be  less  than  seven  inches.  When  the  seating  capacity  is  for 
more  than  one  thousand  people,  there  shall  be  at  least  two  in-  s"ah-c^es^"' 
dependent  staircases  with  direct  exterior  outlets  provided  for  pi'ovided. 
each  gallery  and  the  same  shall  be  located  on  opposite  sides  of 
said  gallery.  Where  the  seating  capacity  is  for  one  thousand 
people  or  less,  two  direct  lines  of  staircases  only  shall  be  re- 
quired, located  on  opposite  sides  of  the  galleries  and  in  both 
cases  shall  extend  from  the  sidewalk  level  to  the  upper  gallery 


ORDINANCES. 


Inside  stair- 
way. 


with  outlets  for  each  gallery  to  each  of  said  stairways.  At 
least  two  independent  staircases  with  exterior  outlets  shall  also 
be  provided  for  the  service  of  the  stage  and  shall  be  located  on 
opposite  sides  of  same.  All  inside  stairways  leading  to  the 
upper  galleries  of  the  auditorium  shall  be  enclosed  on  both 
sides  with  walls  of  fireproof  material.  In  stairs  when  two  side 
flights  connect  with  one  main  flight,  no  winders  shall  be  intro- 
duced, and  the  width  of  the  main  flight  shall  be  at  least  equal 
to  the  aggregate  width  of  the  side  flights.  All  enclosed  stair- 
cases shall  have  on  both  sides  strong  hand  rails  firmly  secured 
to  the  wall  about  three  inches  therefrom  and  three  feet  above 
the  stairs. 


steam  boil- 
ers located 
outside. 


Doorways  of 
iron. 


Sufficient 
lights. 

Exit. 


Every  steam  boiler  which  may  be  required  for  heating  or 
other  purposes  shall  be  located  outside  of  the  building,  and  the 
space  allotted  to  the  same  shall  be  enclosed  by  walls  of  ma- 
sonry on  all  sides  and  the  roof  and  ceiling  of  such  building 
shall  be  constructed  of  fireproof  material.  All  doorways  in 
said  walls  shall  be  of  iron.  No  floor  register  for  heating  shall 
be  permitted.  No  coil  or  radiator  shall  be  placed  in  any  aisle 
or  passageway,  used  as  an  exit  where  it  forms  an  obstruction, 
but  all  said  coils  and  radiators  shall  be  placed  in  recesses 
formed  in  the  wall  or  partition  to  receive  the  same.  All  sup- 
ply, return  or  exhaust  pipes  shall  be  properly  encased  and  pro- 
tected where  passing  through  floors  or  near  woodwork.  Every 
portion  of  the  building  devoted  to  the  uses  or  accommodation 
of  the  public,  also  all  outlets  leading  to  the  streets  and  includ- 
ing the  open  courts  and  corridors  shall  be  w^ell  and  properly 
lighted  during  every  performance  and  the  same  shall  remain 
lighted  until  the  entire  audience  has  left  the  premises.  Every 
exit  shall  have  over  the  same  on  the  inside  the  word  ''Exit" 
painted  in  legible  letter  not  less  than  eight  inches  high.  At 
least  two  oil  lamps  on  each  side  of  the  auditorium  in  each  tier 
shall  be  provided  on  fixed  bracket  not. less  than  seven  feet 
above  the  floor.  Said  lamps  shall  be  filled  with  whale  or  lard 
oil  and  shall  be  kept  lighted  during  each  performance,  or  in 
place  of  said  lamps,  candles  shall  be  provided.  All  gas  or  elec- 
tric lights  in  the  halls,  corridors,  lobby  or  in  any  other  part  of 
the  said  building  used  by  the  audience  except  the  auditorium 


ORDINANCES.  889 

must  be  controlled  only  in  that  particular  place.  Gas  mains  ^^^  mains, 
supplying  the  building  shall  have  independent  connections  for 
the  auditorium  and  the  stage,  and  provisions  shall  be  made  for 
shutting  off  the  gas  from  the  outside  of  the  building.  When 
interior  gas  lights  are  not  lighted  by  electricity,  other  suitable 
appliances  shall  be  provided  to  be  approved  by  the  Building 
Inspector. 

All  suspended  or  bracket  lights  surrounded  bv  glass  in  „,. 

^  .      .  *  Wire  net- 

the  auditorium,  or  in  any  part  of  the  building  devoted  to  the  ting  on  sus- 
public,  shall  be  provided  with  proper  wire  netting  underneath.  Hgiits. 
No  gas  or  electric  lights  shall  be  inserted  in  the  walls,  wood- 
work, ceiling  or  in  any  part  of  the  building  unless  protected 
by  fireproof  materials.    All  lights  in  passages  and  corridors  in 
said  buildings,  and  wherever  deemed  necessary  by  the  Build- 
ing Inspector  shall  be  protected  by  proper  wire  net  work.   The 
footlights  in  addition  to  the  wire  net  work,  shall  be  protected 
by 'a  strong  wire  guard,  not  less  than  two  feet  distant  from 
said  footlights  and  the  trough  containing  said  footlights  shall 
be   formed  of,   and  surrounded  by,  fireproof   materials.    All 
stage  lights  shall  be  incandescent  electric  lights  where  the  cur- 
rent can  be  obtained,  and  shall  be  constructed  according  to  tne 
best  known  methods,  and  subject  to  the  approval  of  the  Build-  ^jj,  (jucts 
ing  Inspector.    All  ducts  or  shafts  used  for  conducting  heated  ^^oubie^ 
air  from  the  man  chandelier,  or  from  any  other  light  or  lights, 
shall  be  constructed  of  metal,  and  made  double  with  air  space 
between.    All  stage  lights  shall  have  strong  metalwire  guards 
or  screens  not  less  than  ten  inches  in  diameter,  so  constructed  fhlfiVe^^*^ 
that  any  material  in  contact  therewith  shall  be  out  of  reach  of  P^'otected. 
the  flames  of  said  stage  lights,  and  must  be  soldered  to  the  fix- 
ture in  all  cases.     Stand  pipes  of  two  and  one-half  inches  in  stand  pipes, 
diameter  shall  be  provided  with  hose  attachments  on  every 
floor  and  gallery  as  follows,  viz  : 

One  on  each  side  of  the  auditorium  in  each  tier,  also  one 
on  each  side  of  the  stage  in  each  tier,  and  at  least  one  in  the 
property  room  and  one  in  the  carpenter  shop,  if  the  same  be 
contiguous  to  the  building.  All  such  stand  pipes  shall  be  kept 
clear  from  obstruction.  Said  stand  pipes  shall  be  separate  and  [^o^g'""^' 
distinct,  receiving  their  supply  of  water  direct  from  the  steam 


890 


ORDINANCES. 


Hose. 


Casks 
buckets 


and 


Metal 
skylights. 


Wire  net- 
ting under 
skylight. 


pumps,  and  shall  be  fitted  with  the  reo'ulation  couplings  of  the 
fire  department,  and  shall  be  kept  constantly  filled  with  water 
by  means  of  any  automatic  steam  pump  or  pumps  of  sufficient 
capacity  to  supply  all  the  lines  of  hose  when  operated  simul- 
taneously and  said  pump  or  pumps  shall  be  supplied  from  the 
street  main,  and  be  ready  for  use  at  all  times  during  a  per- 
formance in  said  buildings.  A  proper  and  sufficient  quantity 
of  two  and  one-half  inch  hose  fitted  with  the  regulation  coup- 
lings of  the  fire  department  and  with  nozzles  attached  thereto 
and  with  hose  spanners  at  each  outlet  shall  always  be  kept  at- 
tached to  each  hose  attachment.  There  shall  also  be  kept  on 
the  stage  for  immediate  use  at  least  four  casks  full  of  water 
and  two  buckets  to  each  cask.  Said  casks  and  buckets  shall  be 
painted  red.  There  shall  also  be  provided,  hand  pumps  or 
other  portable  fire  extinguishing  apparatus  and  at  least  four 
axes  and  two  twenty-five  feet  hooks,  two  fifteen  feet  hooks,  and 
two  ten  feet  hooks  on  each  tier  of  floor  of  the  stage.  There  shall 
be  provided  metal  skylights  in  the  roof  over  the  stage  of  an 
area  or  combined  area  of  at  least  one-eighth  of  the  area  of  said 
stage,  fitted  up  with  sliding  sash  and  glazed  with  double  thick 
sheet  glass  not  exceeding  one-eighth  of  an  inch  thick,  and  each 
pane  thereof  measuring  not  less  than  three  hundred  square 
inches,  and  the  whole  of  said  skylight  shall  be  constructed  as  to 
open  immediately  on  the  cutting  or  burning  of  a  hempen  cord, 
or  some  other  simple  device  to  be  approved  by  the  Building  In- 
spector. There  shall  be  provided  immediately  under  said  sky- 
light a  wire  netting  to  catch  any  falling  glass  from  the  sky- 
light, or  fire  resisting  wire  glass  may  be  used  in  the  above  men- 
tioned skvlights. 


Tenement 
and  apart- 
ment houses. 


TENEMENTS  AND  APARTMENT  HOUSES. 

Sec.  75.  All  tenements  and  apartment  houses  hereafter 
erected  or  altered  or  constructed  more  than  four  stories  and 
basement  in  height  shall  be  a  building  of  the  first  class.  Pro- 
vided, lioivever,  that  this  section  shall  not  preclude  the  use  of 
wooden  floor  boards  or  sleepers  to  fasten  the  same,  which  how- 
ever shall  be  imbedded  to  their  top  surface  with  incombustible 
material. 


ORDINANCES.  891 

Stair  halls  inclosed  in  masonry,  requirements,  exceptions.  ^®  ^"sTn 
In  every  non-fireproof  apartment  or  tenement  house  hereafter  non-fireproof 
erected  or  altered  all  stair  halls  shall  be  inclosed  on  all  sides 
with  the  wall^  of  solid  masonry.  There  shall  be  no  movable 
transoms  or  sash  openings  from  any  such  stair  hall  to  any 
other  part  of  the  building.  All  glass  in  such  stair  halls  shall 
be  good  quality  wire  glass,  except  where  same  opens  into  a 
street,  alley,  court,  or  yard.  This  section  shall  not  apply  to 
apartment  or  tenement  houses  three  stories  in  height  with  only 
one  apartment  on  each  floor. 

Entrance  Halls. — Solid  Masonry — Exceptions — Ceilings.  Size. 
Every  main  entrance  halls  in  a  tenement  or  apartment  houses 
shall  be  at  least  three  feet  six  inches  wide  in  the  clear  from  the 
entrance  up  to  and  including  the  stair  enclosure  and  beyond 
this  point  at  least  three  feet  wide  in  the  clear.  In  every  non- 
fireproof  apartment  or  tenement  hereafter  erected  or  altered, 
except  where  there  is  only  one  apartment  on  each  floor  such  pjgQ,,g 
entrance  hall  shall  be  enclosed  with  solid  masonry,  and  with 
floors  constructed  of  incombustible  material,  and  shall  comply 
with  all  the  conditions  of  the  preceding  section  of  this  ordi- 
nance as  to  the  construction  of  stair  halls.  If  such  main  en- 
trance hall  is  the  only  entrance  to  more  than  one  flight  of 
stairs,  the  said  hall  be  increased  in  width  at  least  one  foot  for 
each  additional  flight  of  stairs. 

Apartments  Divided  hij  Masonry. — There  shall  be  a  wall  ^iskmbe-'^'" 
of  solid  masonry  extending  from  the  ground  to  the  roof  be-  Ave'i-oom^'^^ 
tAveen  each  set  of  apartments,  provided,  however,  that  where  apartment. 
apartments  consist  of  only  one  room  or  a  suite  of  two  rooms, 
then  it  shall  only  be  necessary  to  build  the  above  mentioned 
wall  between  every  five  rooms.    The  wall  between  apartments  -^raiis  above 
above  the  first  story  extending  from  the  main  stair  hall  to  the  Aoor^may 
outer  wall  of  the  building  may  jog  or  set  over  to  some  point  to-  foward'^the 
ward  the  centre  of  the  building  to  provide  or 'allow  for  an  even  center, 
distribution  of  space  of  the  rooms  adjacent  to  the  same. 

Whenever  the  walls  inclosing  the  entrance  or  stair  hall  of  waiis  sup- 
porting 
anv  apartment  or  tenement  house  hereafter  erected  or  altered  beams,  i3 

,  .     ,  .  1     •    ,  11      1  ,  •         inches. 

support  beams  or  girders  carrvmg  a  brick  wall,  the  supporting 


892 


ORDINANCES. 


Avails  shall  be  not  less  than  thirteen  inches  laid  in  cement  mor- 
tar. 


One  stair- 
way to  the 
roof. 


Non-fire- 
proof apart- 
ments, two 
stairways. 


Winders. 


At  least  one  flight  of  hall  stairs  in  each  tenement  or  apart- 
ment honse  shall  extend  to  the  roof,  and  there  be  enclosed  in  a 
bulkhead.  The  bulldieacl  door  shall  not  at  any  time  be  locked 
with  a  kcA',  but  it  may  be  fastened  on  the  inside  with  a  mo'v  - 
able  bolt  or  hooks.  Every  non-fireproof  tenement  or  apartment 
house  hereafter  erected  or  altered  with  more  than  one  apart- 
ment on  each  floor  above  the  first  shall  have  at  least  two  flights 
of  stairs,  which  shall  extend  from  the  entrance  floor  to  the  top 
story.  Such  stairs  shall  be  constructed  with  a  rise  of  not  more 
than  eight  inches  and  with  treads  not  less  than  nine  inches 
wide.  Where  winders  are  used  all  treads  at  a  point  eighteen 
inches  from  the  wall  strings  shall  be  at  least  ten  inches  wide. 
All  stairs  and  the  public  halls  in  every  such  building  shall  be 
at  least  three  feet  wide  in  the  clear,  and  every  apartment 
shall  be  directly  accessible  from  both  flights  of  stairs.  Each 
stairway  shall  have  an  entrance  on  the  entrance  floor  from  a 
street  or  alley  or  open  passageway  or  from  an  outer  court  or 
from  an  inner  court  which  connects  directly  with  the  street  or 
alley  or  open  passageway. 


Cellar  and  Cellar  Ceilings. — In  all  non-fireproof  tenement  or  apart- 

basement  Tin  ii  -t 

ceilings.         meut  houscs  hereafter  erected,  the  cellar  and  basement  ceilings 
shall  be  lathed  with  metal  lath  and  plastered. 


Fireproof 

elevator 

shafts. 


Shafts. — All  elevator  or  dumb  waiter  shafts  hereafter  con- 
structed in  any  tenement  or  apartment  house  shall  be  fireproof 
throughout,  with  fireproof  self-closing  doors  at  all  openings  at 
each  story.  But  nothing  in  this  section  shall  be  so  construed 
as  to  require  enclosure  about  elevators  or  dumb  waiters  in  the 
well  hole  of  stairs,  where  the  stairs  themselves  are  enclosed  in 
brick  or  other  incombustible  walls,  and  are  entirely  constructed 
of  fireproof  materials  as  hereinbefore  provided. 


Open  spaces 
adjoining. 


Every  tenement  or  apartment  house  hereafter  erected  or 
altered  shall  have  attached  to  it  in  the  rear  or  at  the  side  an 
open  space  equal  in  area  to  at  least  twenty  per  centum  of  the 
entire  area  of  the  lot  upon  which  said  tenement  or  apartment 


ORDINANCES.  893 

house  is  erected,  which  open  space  shall  be  unobstnieted  by 
any  overhanging  structure,  except  fire  escapes  required  by 
law,  unless,  however,  such  tenement  or  apartment  house  shall 
be  erected  upon  a  corner  of  two  streets,  neither  of  which  is  less 
than  twenty  feet  in  width,  in  which  case  said  tenement  or 
apartment  house  shall  have  an  open  sp^ace  attached  to  it  in  the 
rear  or  at  the  side  next  the  adjoining  lot  equal  in  area  to  at 
least  ten  per  centum  of  the  entire  area  of  the  lot  upon  which 
said  building  is  erected,  which  open  space  shall  be  unob- 
structed by  any  overhanging  structure,  except  fire  escapes,  re- 
quired by  law;  and  any  such  apartment  or  tenement  house 
which  shall  be  erected  upon  a  lot  bounded  on  three  sides  by 
streets  not  less  than  thirty  feet  in  width  may  be  erected  to 
cover  the  entire  area  of  said  lot. 

Provided,  that  every  windoAv  opening  from  every  room, 
except  bath  rooms  and  w^ater  closet  compartments,  shall  open 
upon  one  of  said  streets,  such  open  space  attached  to  every 
such  apartment  or  tenement  house  shall  be  at  least  eight  feet 
in  width  throughout  its  entire  length.    No  open  space  between  Space  be- 

^  •  £     1      tween  tene- 

tenement  or  apartment  houses  or  between  the  wmgs  or  the  ment  houses 

not  less  than 

same  shall  be  of  a  less  width  than  twelve  feet.    It  such  apart- 12  feet. 
ment  or  tenement  shall  be  built  upon  a  lot  which  is  bounded 
upon  two  opposite  sides  by  streets,  then  at  least  one  end  of 
ever}'  such  open  space  shall  abut  upon  one  of  such  streets. 

Every  court  or  shaft  which  shall  be  built  for  the  purpose  ^h-  shafts. 
of  furnishing  light  or  air  to  such  buildings,  shall  open  one  side 
into  a  street  or  into  the  yard  or  open  space,  except  such  shafts 
as  may  be  necessary  for  the  ventilation  of  water  closets  and 
bath  rooms. 

Every  room  in  every  such  tenement  or  apartment  house 

,,',',    1         .  '.      T  •  ,         ,  Windows  re- 

shall  have  at  least  one  window  opening  upon  a  street  or  upon  cuired  m 
the  open  space  provided  in  this  section,  and  the  distance  from  ^^^  ^on^''- 
every  window  in  every  building  to  the  wall  or  party  line  oppo- 
site to  it  shall  be  at  least  eight  feet.     The  halls  on  each  floor  Haiis. 
shall  have  a  window  or  windows  opening  either  upon  a  street 
or  upon  the  open  space,  as  provided  for  in  this  section,  and 
shall  have  no  room  or  other  obstruction  at  the  end  unless  suf- 


894 


ORDINANCES. 


Cubic  con- 
tents of 
rooms. 


Height  of 
ceiling. 


licient  light  and  ventilation  is  otherwise  provided  for  said 
halls  in  a  manner  approved  by  the  Building  Inspector. 

Every  habitable  room  in  every  tenement  house  shall  be  of 
such  dimensions  as  to  contain  at  least  nine  hundred  cubic  feet 
of  air  and  in  no  case  shall  the  height  from  the  floor  to  the  ceil- 
ing be  less  than  eight  ffeet  in  height,  and  every  window  shall 
have  an  opening  of  not  less  than  twelve  square  feet,  unless 
more  than  one  window  is  provided  for,  but  the  total  window 
space  for  any  room  shall  be  not  less  than  twelve  feet. 


Water 

closets. 


Hydrants 
not  per- 
mitted. 


Ash 
receptables. 


In  every  such  tenement  house  there  shall  be  one  water 
closet  for  every  tenement  or  suit  of  rooms  which  has  its  own 
independent  hallway,  so  separated  that  its  rooms  do  not  open 
into  or  connect  with  any  other  rooms ;  and  in  tenement  houses 
so  constructed  that  a  tenement  may  consist  of  a  single  room  or 
of  two  rooms,  there  shall  be  at  least  one  water  closet  for  every 
three  rooms.  Provided,  that  in  the  case  of  buildings  existing 
at  the  date  of  this  ordinance,  which  shall  hereafter  be  altered 
into  tenement  houses,  there  shall  be  one  water  closet  for  six 
rooms,  but  not  less  than  one  for  each  floor.  Every  water  closet 
shall  be  separated  from  every  other  water  closet,  and  shall 
have  an  entrance  entirely  independent  of  the  entrance  to  every 
other  w^ater  closet.  There  shall  also  be  an  independent  water 
supply,  and  at  least  one  sink  for  ever}'-  tenement  or  suits  of 
rooms.  No  hydrant  shall  be  permitted  in  the  yard  or  open 
space  provided  for  in  this  section. 

In  every  such  tenement  or  apartment  house  there  shall  be 
a  suitable  receptacle  for  ashes  constructed  of  incombustible 
material. 


Definition. 


Defining  apartment  and  tenement  houses  in  this  ordi- 
nance. An  apartment  house  is  any  building  or  portion  there- 
of intended  for  or  used  as  the  home  or  residence  of  three  or 
more  families  living  independently  of  each  other,  and  in  which 
every  such  family  shall  have  provided  for  it  at  least  three 
rooms  and  a  toilet  room  containing  a  set  bath  tub  and  a  water 
closet. 


ORDlNxVNCES.  895 

A  tenement  house  is  any  building  or  portion  thereof  in- 
tended for  or  used  as  the  home  or  residence  of  three  or  more 
families  living  independenth^  of  each  other  and  doing  their 
cooking  upon  the  premises  or  by  more  than  two  families  upon 
any  floor,  so  living  and  cooking,  but  having  a  common  right  in 
the  halls,  stairways,  yards  or  water  closets  or  some  of  them. 

Sec.  76.    Beinforced  Concrete  Defined. — The  term  "  rein- Reinforced 

'  '  concrete 

forced  concrete"  shall  be  understood  to  mean  an  approved  defined, 
concrete  mixture  reinforced  by  steel  or  iron  of  any  shape,  so 
that  the  steel  or  iron  will  take  up  all  the  tensional  stresses  and 
assist  in  the  resistance  to  compression  and  shear. 

Plans  to  he  Filed. — Before  a  permit  to  erect  any  rein-  pians  to  be 
forced  concrete  structure  is  issued,  complete  specifications  and  Building 
drawings  shall  be  filed  with  the  Building  Inspector  showing  all  ^^^^^  °^"  ^ 
details  of  the  construction,  size  and  position  of  all  reinforcing 
rods,  stirrups,  etc.,  and  giving  the  compositions  and  propor- 
tions of  the  concrete. 

Foreman  or  Superintendent. — The  execution  of  the  work  competent 
shall  be  performed  by  workmen  under  the  direct  supervision  dent  re- 
of  a  competent  foreman  or  superintendent. 

Aggregate.— Hem  forced  concrete  construction  will  be  ac-  Reinforced 

^^      "^  concrete 

cepted  for  fireproof  buildings  of  the  first  class,  if  designed  as  accepted. 

hereinafter  prescribed ;  provided,  that  the  aggregate  for  such 

concrete  shall  be  clean,  broken  hard  stone,   or  clean  graded 

gravel,   together  with   clean  siliceous  sand   or   fine   grained 

gravel ;  should  the  concrete  be  used  for  flooring  between  rolled 

steel  beams,  clean  furnace  clinkers  entirely  free  of  combustible 

matter,  or  suitable  seasoned  furnace  slag  may  be  used ;  when 

stone  is  used  with  sand  or  gravel  it  must  be  of  a  size  to  pass  ?i^®  ^^  ^t?'^® 

°  ^         in  concrete. 

through  a  one  inch  ring,  and  25  per  cent,  of  the  whole  must 
not  be  more  than  one-half  the  maximum  size;  and  provided 
further,  that  the  minimum  thickness  of  concrete  surrounding 
the  reinforcing  members  of  reinforced  concrete  beams  and  gir- 
ders shall  be  two  inches  on  the  bottom  and  one  and  one-half 
inches  on  the  sides  of  the  said  beams  and  girders.  The  mini-  ^ffil^g™ 
mum  thickness  of  concrete  under  slab  rods  shall  be  one  inch.  °^  concrete. 


896 


ORDINANCES. 


Floorings, 
beams,  &c. 


All  reinforcement  in  columns  to  have  a  minimum  protection  of 
two  inches  of  concrete. 

Flooring,  Beams,  etc. — All  the  requirements  herein  speci- 
fied for  the  protection  of  steel  and  for  fire-resisting  purposes 
shall  apply  to  reinforced  concrete  flooring  between  rolled  steel 
beams,  as  well  as  to  reinforced  concrete  beams  and  to  entire 
structures  in  reinforced  concrete. 


strength  of 
concrete. 


Exposed 
metal  cen- 
tering. 


Mechanical 
mixing. 


Hand 
mixing. 


Any  concrete  structure  or  the  floor  filling  in  same,  rein- 
forced or  otherwise,  which  may  be  erec^d  on  a  permanent  cen- 
tering of  sheet  metal,  or  metal  lathing  and  curved  bars  or  a 
metal  centering  of  any  other  form,  must  be  strong  enough  to 
carry  its  load  without  assistance  from  the  centering  unless  the 
concrete  is  so  applied  as  to  protect  the  centering  as  herein 
specified  for  metal  reinforcement. 

Exposed  metal  centering  or  exposed  metal  of  any  kind 
will  not  be  considered  a  factor  in  the  strength  of  any  part  of 
any  concrete  structure,  and  a  plaster  finish  applied  over  the 
metal  shall  not  be  deemed  sufficient  protection  unless  applied 
of  sufficient  thickness  and  properly  secured,  as  approved  by 
the  Building  Inspector. 

Mechanical  Mixing. — All  concrete  shall  be  mixed  in  a  me- 
chanical batch  mixer  to  be  approved  by  the  Building  Inspector, 
except  when  limited  quantities  are  required  or  Avhen  the  condi- 
tion of  the  work  makes  hand  mixing  preferable ;  hand  mixing 
to  be  done  only  when  approved  by  the  Building  Inspector.  In 
all  mixing  the  material  shall  be  measured  for  each  batch. 

Method  of  Hand  Mixing. — When  hand  mixing  is  done  un- 
der the  aforesaid  limitations,  the  cement  and  fine  gravel  or 
coarse  sand  shall  be  first  thoroughly  mixed  dry  and  then  made 
into  a  mortar  by  gradually  adding  the  proper  amount  of  water. 
The  crushed  stone  or  gravel  shall  be  spread  out  to  a  depth  not 
to  exceed  six  inches,  in  a  tight  box  or  upon  a  proper  floor,  and 
be  sprinkled  with  water  as  directed ;  the  mortar  is  then  to  be 
evenly  spread  over  the  crushed  stone,    and    the    whole  mass 


ORDINANCES.  897 

turned  over  a  sufficient  number  of  times,  to  effect  the  thorough 
mixing  of  the  ingredients. 

Forms  and  Centerinq. — All  forms  and  centering  for  con- Forms  and 

centering 

Crete  shall  be  built  plumb  and  in  a  substantial  manner,  made  shall  be 

•nil  plumb. 

tight  so  that  no  part  of  the  concrete  mixture  will  leak  out 
through  cracks  or  holes,  or  joints,  and  after  completion  shall 
be  thoroughly  cleaned,  removing  shavings,  chips,  pieces  of 
wood  and  other  material,  and  no  debris  of  any  kind  shall  be 
permitted  to  remain  in  the  forms.  All  forms  to  be  properly 
supported  and  braced  in  a  manner  to  safely  sustain  the  dead 
load  and  the  load  that  may  be  imposed  upon  them  during  con- 
struction. 

The  reinforcing  steel  shall  be  accurately  located  in  the 
forms  and  secured  against  displacement. 

Concrete  shall  be  placed  immediately  after  mixing. 


Whenever  fresh  concrete  joins  concrete  that  is  set,  or  par- 


Joining  of 


tiallv  set,  the  surface  of  the  old  concrete  shall  be  roughened,  oi'i  and  new 

■  '  '^  concrete. 

cleaned  and  spread  with  cement  mortar,  which  mortar  shall  be 
mixed  in  proportions  of  one  of  cement  to  two  of  sand. 

Concrete  shall  not  be  mixed  or  deposited  in  freezing  Not  mixed 
weather,  unless  precautions  are  taken  to  avoid  th^  use  of  ma-  weather. 
terials  covered  with  ice  or  snow  or  that  are  in  any  other  way 
unfit  for  use,  and  that  further  precautions  are  taken  to  pre- 
vent the  concrete  freezing  after  being  put  in  place.  All  forms 
under  concrete  so  placed  to  remain  until  all  evidences  of  frost 
are  absent  from  the  concrete  and  the  natural  hardening  of  the 
concrete  has  proceeded  to  the  point  of  safety. 

Concrete  laid  during  hot  weather  shall  be  drenched  with  concrete 
water  twice  daily,  Sunday  included,  during  the  tirst  week,  weather. 
The  broken  stone,  if  hot  and  dry,  must  be  wet  before  going  to 
the  mixer. 

The  time  at  which  props  or  shores  mav  saf elv  be  removed  Removal  of 

^       ^  »  .  shores. 

from  under  floors  and  roofs  will  vary  with  the  condition  of  the 

weather,  but  in  no  case  should  thev  be  removed  in  less  than 


898 


ORDINANCES. 


two  weeks ;  provided,  that  column  forms  shall  not  be  removed 
in  less  than  four  days;  provided,  further,  that  the  centering 
from  the  bottom  of  slabs  and  sides  of  beams  and  girders  may 
be  removed  after  the  concrete  has  set  one  week,  provided,  that 
the  floor  has  obtained  sufficient  hardness  to  sustain  the  dead 
weight  of  the  said  floor  and  that  no  load  or  weight  shall  be 
placed  on  any  portion  of  the  construction  where  the  said  cen- 
ters have  been  removed. 

Proportions.  The  Concrete  for  all  girders,  beams,  slabs  and  columns, 

shall  be  mixed  in  the  proportions  of  one  of  cement,  two  of  sand 
or  fine  gravel,  and  four  of  other  aggregates  as  before  provided. 
The  concrete  used  in  reinforced  concrete-steel  construction 
must  be  what  is  usually  known  as  a  "wet"  mixture.  When 
the  concrete  is  placed  in  water  it  must  be  placed  in  a  semi-dry 
state. 


Portland 

cement 

required. 


Only  Portland  cement  shall  be  permitted  in  reinforced 
concrete  constructed  buildings.  All  cement  shall  be  tested,  in 
carload  lots  when  so  delivered  or  in  quantities  ecjual  to  same, 
and  report  filed  with  the  Building  Inspector  before  using  it  in 
the  work.  Cement  failing  to  meet  the  requirements  of  the  ac- 
celerated test  will  be  rejected. 


Tests.  Soundness,  Accelerated  Test.— Pats  of  neat  cement  will 

be  allowed  to  harden  twenty-four  hours  in  moist  air,  and  then 
be  submitted  to  the  accelerated  test  as  follows :  A  pat  is  ex- 
posed in  anj-  convenient  way  in  an  atmosphere  of  steam  above 
boiling  water,  in  a  loosely-closed  vessel,  for  three  hours,  after 
which,  before  the  pat  cools,  it  is  placed  in  the  boiling  water  for 
five  additional  hours. 

To  pass  the  accelerated  test  satisfactorily,  the  pats  shall 
remain  firm  and  hard,  and  show  no  signs  of  cracking,  distor- 
tion or  disintegration. 


Minimum  Sucli  ccments,  when  tested  shall  have  a  minimum  tensile 

t6nsilG  •  • 

strength.  strength  as  follows :  Neat  cement  shall,  after  one  day  in  moist 
air,  develop  a  tensile  strength  of  at  least  150  pounds  per 
square  inch;  and  after  one  day  in  air  and  six  days  in  water 


ORDINANCES.  899 

shall  develop  a  tensile  strength    of    at    least  500  pounds  per 

square  inch ;  and  after  one  day  in  air  and  twenty-seven  days  in 

water  shall  develop  a  tensile  strength  of  at  least  600  pounds 

per  square  inch.    Cement  and  sand  tests  composed  of  one  part 

of  cement  and  three  parts  of  crushed  quartz  shall,  after  one 

day  in  air  and  six  days  in  water,  develop  a  tensile  strength  of 

at  least  175  pounds  per  square  inch,  and  after  one  day  in  air 

and  twenty-seven  days  in  water  shall  develop  a  tensile  strength 

of  at  least  2-10  pounds  per  square  inch.    These  and  other  tests  ^sts'^may  be 

as  to  fineness,  set,  etc.,  made  in  accordance  with  the  standard  leQuired. 

method  prescribed  by  the  American  Society  of  Civil  Engineers 

may,  from  time  to  time,  be  required. 

Walls. — ^Reinforced  concrete  may  be  used  in  place  of  brick  waiis. 
and  stone  walls  in  which  cases  the  thickness  may  be  two-thirds 
of  that  required  for  brick  walls  as  shown  in  the  Sections  No. 
14  and  No.  22  of  this  ordinance.    Provided,  the  unit  stresses  as 
set  forth  in  this  ordinance  are  not  exceeded. 

Concrete  walls  in  such  cases  must  be  reinforced  in  both 
directions  in  a  manner  to  meet  the  approval  of  the  Building 
Inspector. 

Steel. — All   reinforcements  used  in   reinforced  concrete  Reinforce- 

,.  p-i         ments  shall 

shall  be  oi  standard  grade  oi  structural  steel  or  iron  oi  either  be  steel  or 
grade  to  meet  the  "Manufactures'  Standard  Specifications," 
revised  February  3,  1903. 

Reinforced  concrete  slabs,  beams  and  girders  shall  be  de-  Design  of 
3d  in  a( 
quirements : 

(a)  The  common  theorv  of  flexure  to  be  applied  to  all  „ 

^    '  .     .       ^  .  Require 

beams  and  members  resisting  bending.  ments. 

(b)  The  adhesion  between  the  concrete  and  steel  is  suf- 
ficient to  make  the  two  materials  act  together. 

(c)  The  design  shall  be  based  on  the  assumption  of  a 
load  four  times  as  great  as  the  total  load  (ordinary  dead  load 
plus  ordinary  live  load). 


signed  in  accordance  with  the  following  assumptions  and  re-  reinforced 


concrete 
slabs,  &c. 


900  ORDINANCES. 

(d)  The  steel  to  take  all  the  tensile  stresses. 

(e)  The  stress-strain  curve  of  concrete  in  compression  is 
a  straight  line. 

(f)  The  ratio  of  the  moduli  of  elasticity  of  concrete  to 
steel : 

Stone  or  gravel 1  to  12 

Slag  concrete   1  to  15 

Cinder  concrete   1  to  30 

The  allowable  unit  transverse  stress  upon  concrete  in  com- 
pression : 

Stone  or  gravel  concrete 600  lbs.  per  sq.  in. 

Slag  concrete 400  lbs.  per  sq.  in. 

Cinder  concrete    250  lbs.  per  sq.  in. 

The  allowable  unit  transverse  stress  in  tension : 

Iron 12,000  lbs.  per  sq.  in. 

Steel 16,000  lbs.  per  sq.  in. 

The  allowable  unit  shearing  strength  upon  concrete : 

Stone  or  gravel  concrete 75  lbs.  per  sq.  in. 

Slag  concrete 50  lbs.  per  sq.  in. 

Cinder  concrete   25  lbs.  per  sq.  in. 

The  allowable  unit  adhesive  strength  of  concrete : 

Stone  or  gravel  concrete 50  lbs.  per  sq.  in. 

Slag  concrete 40  lbs.  per  sq.  in. 

Cinder  concrete    15  lbs.  per  sq.  in. 

The  allowable  unit  stresses  upon  concrete  in  direct  com- 
•  pression  in  columns : 

Stone  or  gravel  concrete 500  lbs.  per  sq.  in. 

Slag  concrete    300  lbs.  per  sq.  in. 

Cinder  concrete    150  lbs.  per  sq.  in. 

The  allowable  unit  stress  upon  hoop  columns  composed  of 

stress  upon    stone  or  gravel  concrete  shall  not  be  over  1,000  pounds  per 

columns.        squarc  inch,  figuring  the  net  area   of   the   circle   within  the 

hooping.    The  percentage  of  longitudinal  rods  and  the  spacing 


ORDINANCES.  901 

of  the  hoops  to  be  such  as  to  permit  the  concrete  to  safelj'  de- 
velop the  above  unit  stress  with  a  factor  of  safety  of  four. 

When  steel  or  iron  is  in  the  compression  sides  of  beams 
the  proportion  of  unit  stress  taken  by  the  steel  or  iron  shall  be 
in  the  ratio  of  the  modulus  of  elasticity  of  the  steel  or  iron  to 
the  modulus  of  elasticity  of  the  concrete;  provided,  that  the 
rods  are  well  tied  with  stirrups  connecting  with  the  lower  rods 
of  the  beams;  provided,  further,  that  when  rods  are  used  in 
compression,  the  approval  of  the  Building  Inspector  must  be 
obtained. 

In  the  design  of  structures  involving  reinforced  concrete  in  reinforced 

concr6t6 

beams  and  girders,  as  well  as  slabs,  the  beams  and  girders  shall  construction 

.  .  fill  ■  beams  and 

be  treated  as  T-beams,  with  a  portion  of  the  slab  acting  as  girders  shall 
flange  in  each  case.    The  portion  of  the  slab  that  may  be  used  as  T-beams. 
to  take  compression  shall  be  dependent  upon  the  horizontal 
shearing  stress  that  may  exist  in  the  beam,  and  in  no  case  shall 
the  slab  portion  exceed  twenty  times  the  thickness  of  the  slab. 

All  reinforced  concrete  T-beams  must  be  reinforced 
against  the  shearing  stress  along  the  plane  of  junction  of  the 
rib  and  the  flange,  using  stirrups  thr(?iighout  the  length  of  the. 
beam.  Where  reinforced  concrete  girders  carry  reinforced 
concrete  beams,  the  portion  of  the  floor  slab  acting  as  flange  to 
the  girder  must  be  reinforced  with  bars  near  the  top,  at  right 
angles  to  the  girder,  to  enable  it  to  transmit  local  loads  di- 
rectly to  the  girder  and  not  through  the  beams,  thus  avoiding 
an  integration  of  compressive  stresses  due  to  simultaneous  ac- 
tion as  floor  slab  and  girder  flange. 

In  the  execution  of  work  in  the  fleld,  work  must  be  so  car- 
ried on  that  the  ribs  of  all  girders  and  beams  shall  be  mono- 
lithic with  the  floor  slabs. 

In  all  reinforced  concrete  structures  special  care  must  be  Joints, 
taken  with  the  design  of  joints  to  provide  against  local  stresses 
and  secondary  stresses  due  to  the  continuity  of  the  structures. 

Shrinkage  and  thermal  stresses  shall  be  provided  for  by  shrinkage, 
the  introduction  of  steel. 


902 


Bending 
moments. 


ORDINANCES. 

In  the  determination  of  bending  moments  due  to  the  ex- 
ternal forces,  beams  and  girders  shall  be  considered  as  simply 
supported  at  the  ends,  no  allowance  being  made  for  continuous 
construction  over  supports.  Floor  slabs,  when  constructed 
continuously,  and  when  provided  with  reinforcement  at  top 
of  slab  over  the  supports,  may  be  treated  as  continuous  beams, 
the  bending  moment  for  uniformly  distributed  loads  being 
taken  at  not  less  than  WL-10  in  case  of  square  floor  slabs 
which  are  reinforced  in  both  directions  and  supported  on  all 
sides,  the  bending  moment  may  be  taken  at  WL-20,  provided, 
that  in  floor  slabs  in  juxtaposition  to  the  walls  of  the  building 
the  bending  moment  shall  be  considered  as  WL-8,  when  rein- 
forced in  one  direction,  and  if  the  floor  slab  is  square  and  rein- 
forced in  both  directions,  the  bending  moment  shall  be  taken 
at  WL-16. 


When  the  shearing  stresses  developed  in  any  part  of  a  re- 
inforced concrete  building  exceed  under  the  multiplied  loads 
the  shearing  strength  as  fixed  in  this  section,  a  sufficient 
amount  of  steel  shall  be  introduced  in  such  a  position  that  the 
deficiency  in  the  resistance  to  shear  is  overcome. 

Limit  of  ad- .  When  the  safe  limit  of  adhesion  between  the  concrete  and 

hesion  be- 
tween con-     gteel  is  exceeded,  provision  must  be  made  for  transmitting  the 

Crete  and  •  ^ 

steel.  strength  of  the  steel  to  the  concrete. 


Columns. 


Rods. 


Load  tests. 


Reinforced  concrete  may  be  iLsed  for  columns  in  which 
the  ratio  of  the  length  to  least  side  or  diameter  does  not  exceed 
fifteen.  If  more  than  15  diameters  the  allowable  stress  shall 
be  increased  proportionally.  Reinforcing  rods  that  are  intro- 
duced for  lateral  stresses  must  be  tied  together  at  intervals  of 
not  more  than  the  least  side  or  diameter  of  the  columns. 

Longitudinal  reinforcing  rods  will  not  be  considered  as 
taking  any  direct  compression. 

The  contractor  must  be  prepared  to  make  load  tests  in 
any  portion  of  a  reinforced  concrete  building  within  a  reason- 
able time  after  erection  and  as  often  as  may  be  required  by  the 
Building  Inspector.     The  tests  must  show  that  the  construe- 


ORDINANCES.  903 

tion  will  sustain  a  load  equal  to  twice  the  calculated  live  load 
without  signs  of  cracks. 

Sec.  77.    No  buildinor  within  forty  feet  of  the  propertj^  of  No  stable 

^  "^  i       i         •/  within  40  ft. 

any  adjoining  owner  shall  be  erected  or  converted  to  use  as  a 
stable,  unless  such  use  is  authorized  by  the  consent  of  the  Pub- 
lie  Building  Committee  of  Council.  («) 

(a)  Sec.  31  of  the  Charter  prohibits  the  passage  of  a  special  ordi- 
nance exempting  any  individual,  &c.,  from  the  operation  of  a  general  or- 
dinance. 

And  the  common  law  rule  is,  that  an  ordinance  to  be  good  must  be 
reasonable,  certain  and  uniform.  The  validity  of  the  above  section  is 
doubted. 

Sec.  78.    No  wooden  building  within  or  without  the  city  bufidings 
limits  shall  be  moved  to  any  position  within  the  city  limits.         moved.°*  ^^ 

No  permit  to  increase  the  height  or  ground  area  of  any  ^^^H^^^^ 
part  of  a  frame  building  shall  be  granted,  and  no  permit  for 
alterations  or  repairs  to  a  frame  building  shall  be  granted  if 
the  estimated  cost  of  the  proposed  alteration  and  repairs  ex- 
ceed one-half  of  the  cost  of  a  like  new  building  exclusive  of 
the  cost  of  the  foundations. 

Wood  and  Wooden  Shingles. — It  shall  only  be  lawful  to  Shingles. 
use  wood  or  wooden  shingles  as  follows : 

Sec.  79.  In  the  construction  of  any  brick  or  stone  single 
private  dwelling,  which  shall  hereafter  be  so  erected  in  this  use. 
city,  as  that  no  part  of  the  w^alls  thereof  shall  be  less  than  ten 
feet  from  any  building  line,  or  nearer  than  ten  feet  to  the  line 
of  any  adjoining  lot,  and  if  built  on  land  of  the  same  owner, 
nearer  than  twenty  feet  to  any  other  building,  it  shall  not  be 
unlawful  to  use  wood  or  wooden  shingles  on  the  roof,  bay  or 
bow  w^indows  above  the  first  story  and  on  the  gables  above  the 
second  story. 

Sec.  80.    The  Building  Inspector  having  any  duty  to  per-  privilege 
form  under  the  provisions  of  this  ordinance  may,  so  far  as  may  inspector!^ 
be  necessary  for  the  performance    of    his    duties  enter  any 
building  or  premises  in  the  city. 


904 


ORDINANCES. 


Buildings  gg^   81.     Everv  buildin£c  and  part  thereof  and  appurte- 

must  not  be  ^  ^  l  x  r- 

dangerous.  nant  thereto  shall  be  maintained  in  such  repair  as  not  to  be 
dangerous.  The  owner  or  the  agent  for  the  owner  shall  be  re- 
sponsible for  the  maintenance  of  all  buildings  and  structures. 


Violations 
constitute  a 
nuisance. 


Fines. 


Prosecutions 


Sec.  82.  Any  building  or  structure  which  is  erected,  al- 
tered or  maintained  in  violation  of  the  provisions  of  this  ordi- 
nance, shall  be  deemed  a  common  nuisance  without  other  proof 
thereof  than  proof  of  its  unlawful  construction.  Whoever  vio- 
lates any  provision  of  this  ordinance,  or  whoever  builds,  alters, 
or  maintains  anj^  structure  or  any  part  thereof  in  violation  of 
any  provision  of  this  ordinance  and  whoever  refuses  to  make 
the  said  building  or  structure  comply  with  the  provisions  of 
this  ordinance  after  receiving  notice  to  do  so  from  the  Build- 
ing Inspector,  shall  be  punished  by  a  fine  not  exceeding  two 
hundred  dollars  for  each  offence  and  the  further  sum  of  ten 
dollars  for  each  and  every  day  the  nuisance  remains  unabated. 
All  fines  when  collected  shall  be  paid  to  City  Treasurer  for  use 
of  the  city. 

Sec.  83.     Prosecutions  for  the  violations  of  the  prohibi- 
'  tions  of  this  ordinance  shall  be  before  the  Judge,  of  the  ]\Iuni- 
cipal  Court  and  the  Municipal  Court  of  the  City  of  Wilming- 
ton. 


Sec.  84.     All  former  building  ordinances  or  regulations 
now  in  force  be  and  the  same  are  hereby  repealed. 

Approved  May  17,  1909. 


ORDINANCES.  905 


CHAPTER  XI. 

ORDINANCES  RELATING   TO   FOOTWAYS  AND 
SIDEWALKS. 

Page  I  Page 

1.  Widening     Foot    Walks    on  |  of   Delaware  Avenue 906 

Delaware  Avenue    905  I  3.     Board       Walks       on       Foot 

2.  Foot    Ways    on    West    Side  |  Ways    906 

AN  ORDINANCE  for  widening  the  footwalks  on  each  side  of 
Delaware  avenue. 

Section  1.    That  under  the  authority  given  by  the  second  Footways 

widened  on 

section,  a  further  supplement  to  the  ' '  Act  to  alter  and  estab-  Delaware 

'  '^  ^  in  avenue  5 

lish  the  Charter  of  the  Borough  of  Wilmington,     that  the  toot-  feet. 
ways  on  each  side  of  Delaware  avenue  from  Tatnall  street  to 
the  city  line  be  widened  five  feet,  and  that  the  admeasurement 
of  the  ground  for  this  increased  width  of  five  feet  be  taken 
parallel  with  the  curb  stone. 

Sec.  2.  That  no  erection  fronting  houses  that  may  here-  Buildings  to 
after  be  built  on  Delaware  avenue  within  the  limits  prescribed 
in  the  first  section  of  this  ordinance  shall  extend  from  said 
buildings  further  than  five  feet  on  the  footways,  so  as  to  have 
a  clear  and  unobstructed  footway  twelve  feet  nine  inches  in 
width  in  conformity  with  the  express  condition  of  which  said 
five  feet  is  surrendered  by  owners  of  the  property. 

Sec.  3.     That  no  wooden  buildings  shall  be  erected  on  wooden 
either  side  of  Delaware  avenue  from  Tatnall  street  north  to  prohibited. 
the  city  line. 

Passed  at  City  Hall,  October  21,  1847. 


906  ORDINANCES. 

wwenid  5      ^^  ORDINANCE  for  widening  the  footways  on  the  west  side 
feet.  gf  Belaware  avenue} 

Section  1.  That  under  the  authority  given  by  the  second 
section  of  a  further  supplement  to  the  "Act  to  alter  and  re- 
establish the  Charter  of  the  Borough  of  Wilmington,"  that  the 
footway  on  the  west  side  of  Delaware  avenue,  from  Tatnall 
street  to  the  city  line,  be  widened  five  feet  and  that  the  ad- 
measurement of  the  ground  for  this  increased  width  of  five 
feet  be  taken  parallel  with  the  curb  stone. 

Buildings  to  Sec.  2.     That  no  erection  fronting  houses  that  may  here- 

after be  built  on  said  Delaware  avenue  within  the  limits  pre- 
scribed in  the  first  section  of  this  ordinance  shall  extend  from 
said  buildings  further  than  five  feet  on  the  footway  so  as  to 
leave  a  clear  and  unobstructed  footway  twelve  feet  in  wddth, 
in  conformity  with  the  express  condition  on  which  said  five 
feet  is  surrendered  by  the  owners  of  the  property. 


AN  ORDINANCE  in  relation  to  footways  and  sidewalks. 

fo\i\\&\A^^  Section  1.    That  from  and  after  the  passage  of  this  ordi- 

mentsre'-^^'  i^^^^^,  it  shall  be  the  duty  of  the  person  to  whom  a  written 
moved.  license  is  granted  to  use  a  part  of  any  street,  lane,  alley  or 

footway  for  the  purpose  of  erecting  or  repairing  any  house  or 
building  as  provided  by  Section  3,  of  an  ordinance,  entitled 
"Offences  against  the  Public  Economy  and  certain  nui- 
sances, ' '  passed  October  30,  1856 ;  in  case  the  paved  footway 
or  sidewalk  is  taken  up  and  removed,  to  cause  to  be  placed,  put 
dowm,  and  kept  in  lieu  thereof,  during  the  erection  or  repair- 
ing of  such  building,  boards  or  planks  so  as  to  leave  a  board  or 
plank  footway  of  at  least  three  feet  in  width,  for  the  safe  and 
convenient  passage  of  persons  walking  along  and  upon  the 
Exceptions.  Same.  Provided,  however,  that  this  shall  not  apply  to  excava- 
tions of  cellars  or  foundations  during  working  hours.  If  any 
person,  as  aforesaid,  shall  neglect  or  refuse  to  comply  with  the 
provisions  of  this  ordinance,  every  person  so  offending  shall 


1.     Date  of  passage  of  this  ordinance  is  not  given  in  any  of  the  printed 
editions  of  ordinances  published. 


ORDINANCES.  907 

forfeit  and  pav  a  fine  of  ten  dollars  for  each  and  every  dav  of  P.e"a]ty  for 

^    "  -  ./  violation. 

such  neglect  or  refusal. 

Sec.  2.    It  shall  be  the  duty  of  the  Building  Inspector,  as  Police  to 

6nf orcG. 

well  as  of  the  High  Constable  and  the  City  Constables,  to  see 
that  the  provisions  of  this  ordinance  are  enforced,  and  the 
duties  hereby  imposed  are  complied  with. 

Passed  at  City  Hall,  March  27,  1884. 


908 


ORDINANCES. 


CHAPTER  XII. 

ORDINANCES  RELATING  TO  SEWERS,  DRAINS  AND 

RUNS. 


Page 

1.  Dimensions   of   Culverts   on 
Shipley    Run    908 

2.  Changing  Course  of  Shipley 
Run    910 

3.  Changing  Direction  of  Ship- 
ley   Run     910 


Page 

4.  Re-establishing     Course    of 
Shipley    Run    911 

5.  Widening     Bed     of    Shipley 
Run    912 

6.  Re-establishing     Course     of 
Shipley    Run    913 


Size  of  Ship- 
ley run  cul- 
vert. 


Tenth  street, 


Seventh 
street. 


Fifth  street. 


Second 
street. 

Newport 
turnpike. 
Clements 
run. 


AN  ORDINANCE  to  regulate  the  dimensions  of  culverts  that 
may  he  'built  'to  carry  the  water  of  Shipley  run. 

Section  1.  All  culverts  that  shall  hereafter  be  built  or 
rebuilt,  to  convey  the  waters  of  Shipley  run,  («)  shall  conform 
to  the  following  described  dimensions,  to  wit :  From  the 
source  of  said  run  to  and  under  Tenth  street,  five  feet  wide, 
wdth  side  walls  three  feet  high;  from  Tenth  street  to  and  un- 
der Seventh  street,  eight  feet  wide,  and  side  walls  three  feet 
high ;  from  Seventh  street  to  and  under  Fifth  street,  nine  feet 
wide  and  side  walls  four  feet  high;  from  Fifth  street  to 
and  under  Second  street,  ten  feet  wide,  and  side  walls  four 
feet  high ;  from  Second  street  to  and  under  the  Newport  turn- 
pike, ten  feet  wide,  and  side  walls  four  feet  six  inches  high ; 
from  the  Newport  pike  to  Clements  run,  ten  feet  wide,  and 
side  walls  five  feet  high. 

(a)  In  the  ease  below  cited  the  Chancellor  referred  to  Shipley  Eun 
as  follows: 

The  Chancellor:  "It  is  a  perversion  of  the  common  law  doctrine  in 
respect  to  the  diversion  of  natural  watercourses,  to 
apply  that  doctrine  to  such  a  stream, — if  a  stream  it  can  be  possibly 
called, — as  that  of  Shipley  Kim,  rising  in  the  springs  of  the  northern  part 
of  the  city,  and  passing  by  a  sinuous  course,  under  sinks  and  manufac- 
tories, through  culverts,  and  emptying  its  filth,  before  it  finally  discharges 
into  the  Christiana  Elver,  upon  low  ground,  in  the  midst  of  the  city,  and 
endangering  the  health  and  comfort  of  a  numerous  surrounding  i)opula- 
tion.  Shipley  Eun  is  no  such  watercourse  as  the  municipal  authorities  of 
a  large  city,  like  Wilmington,  may  not  divert,  or  fill  up,  if  they  choose, 


ORDINANCES.  909 

for  the  protection  of  the  lives,  health  and  comfort  of  the  inhabitants  of 

the  city." 

Murphy  vs.  Wilmington,  5  Del.  Ch.  281  at  291-292   (yr.  1879) 

The  Court  held  compensation  did  not  have  to  be  paid  for  such  a 

g+j>pQjji    of    W3,tGr. 

Murphy  et  al  vs.  Wilmington,  6  Houst.  108  at  129.  (yr.  1880) 

Sec.  2.     The  changes  in  height  shall  be  made  in  the  hot-  gj^^f  ^^  '^ 
torn  of  the  culvert,  so  that  on  the  lower  side  of  Seventh  street 
there  shall  be  a  step  down  of  one  foot;  on  the  lower  side  of 
Second  street,  a  step  down  of  six  inches ;  and  on  the  lower  side 
of  the  Newport  pike,  a  step  down  of  six  inches. 

Sec.  3.     The  changes  in  width  shall  be  divided  in  equal  Changes  in 

r.  T  width. 

offsets,  on  each  side  of  the  centre  lines,  at  those  streets  where 
they  occur,  so  that  the  axis  of  the  adjoining  sections  of  the 
said  culverts  shall  coincide. 

Sec.  4.    All  sections  of  this  culvert  built  between  streets  Direction 
shall  be  in  direct  lines  from  one  street  culvert  to  another,  al-  of  thTcuf- 
ways,  provided,  that  every  change  of  direction  shall  be  made^'^'^'^" 
by  a  curve  of  at  least  forty  feet  radius  on  the  axis  of  the  cul- 
vert. 

Sec.  5.    Whenever  any  section  of  said  culvert  is  covered  ^j^^  cover- 
b}^  masonry  the  covering  shall  be  a  sufficient  brick  arch  turned  j,"^^^^  ^^fj^ 
on  the  segment  of  a  circle,  of  which  the  spring  shall  be  one-  '^'ert. 
fourth  of  the  span. 

Sec.  6.    It  shall  not  be  lawful  for  any  person  or  persons 

1      -in-  -1  •    •     •  /.      ,  • -1  /  ^^      T^'nlawfully 

building  m  the  vicinity  oi   the  said  run  to   encroach  on  the  encroaching 
aforesaid  arrangement  or  dimensions  of  the  culverts  built  or  vert. 
to  be  built. 

Sec.  7.     When  the  said  run  is  the  dividing  line  between  cuiwrt  on 
the  property  of  two  or  more  persons,  the  centre  of  said  run  line. 
and  the  centre  of  said  culvert  shall  be  ascertained  and  estab- 
lished by  a  City  Surveyor  on  the  payment  of  the  customary 
charges. 

Passed  at  City  Hall,  January  .13,  1870. 


910 


ORDINANCES. 


Changes  in 
courses. 


AN  ORDINANCE  to  change  the  course  of  Shipley  run  be- 
tween Seventh  and  Eighth  streets. 

Section  1.  That  the  present  course  and  direction  of  that 
part  of  Shipley  run  between  Seventh  and  Eighth  streets  are 
hereby  altered  and  changed,  and  the  course  and  direction 
thereof  between  said  streets  shall  hereafter  be  as  follows,  to 
wit :  Beginning  at  the  building  line  on  the  north  side  of  Sev- 
enth street,  in  the  centre  of  the  culvert  now  erected  over  said 
run ;  and  running  thence,  for  the  centre  line  of  said  run,  north 
thirty-seven  degrees  and  fifteen  minutes  east,  thirty-nine  feet, 
to  a  stake  in  said  run,  at  a  point  of  curv^e  of  fourteen  degrees 
and  fifteen  minutes  to  the  left ;  thence,  with  said  curve  one 
hundred  and  twenty-four  and  five-tenths  feet  to  a  stake  at  a 
point  of  tangent  in  said  run ;  thence,  with  said  tangent,  north 
nineteen  degrees  and  fifteen  minutes  east,  one  hundred  and 
five  feet  to  a  stake,  at  the  building  line  on  the  south  side  of 
"Eighth  street,  in  the  centre  of  a  culvert  now  erected  over  said 
run. 


Width  of 
run,  8  feet. 


Sec.  2..  The  width  of  said  run  between  Seventh  and 
Eighth  streets  shall  be  eight  feet,  and  all  culverts  which  shall 
be  built  over  the  said  part  of  said  run  shall  conform  to  the 
course,  direction  and  dimensions  of  the  same  hereby  estab- 
lished. 

Passed  at  City  Hall,  July  9,  1874. 


Course  of ' 
Shipley  run 


AN  ORDINANCE  to  change  the  course  and  direction  of  Ship- 
ley run  from  the  north  side  of  Fourth  street  to  the  south 
side  of  Sixth  street. 

Section  1.  That  the  present  course  and  direction  of  that 
rwth^tr  tP^^^  ^^  Shipley  run,  between  Fourth  and  Sixth  streets  are 
and  Sixth       hereby  altered  and  changed,  and  the  course  and  direction  of 

street.  "^  . 

the  centre  line  of  said  run,  between  the  said  streets,  shall  here- 
after be  as  follows,  to  wit :  Beginning  at  the  building  line  on 
the  north  side  of  Fourth  street,  said  beginning  point  is  five 
feet  westerly  from  the  face  of  east  wall  of  the  sewer  as  now 
constructed  across  Fourth  street;  thence,  from  said  point 
"^rescribed^    north  fourteen  degrees  and  twenty-five  minutes  east,  seventy- 


ORDINANCES.  911 

one  feet  seven  inches  and  a  half  (71  ft.  7^  in.)  to  an  angle  in 
said  run  five  feet  westerly  from  the  stone  wall  on  the  east  side 
of  the  present  run ;  thence,  north  twent5''-one  degrees  six  min- 
utes (21  deg.  6  min.)  east  fifty-four  feet  and  eight  inches  (54 
ft.  8  in.)  to  another  point  or  angle  in  said  run  fiye  feet  west- 
erly from  the  general  range  of  the  stone  wall  on  the  east  side 
of  said  run;  thence,  north  twenty-eight  degrees  and  forty- 
three  minutes  (28  deg.  43  min.)  east  sixty-six  feet  {6Q  ft.)  to 
an  angle  or  point,  which  is  five  feet  easterly,  from  the  face  of 
the  wall  on  the  west  side  of  said  run,  said  point  is  sixty  feet 
(60  ft.)  easterly  from  the  east  side  of  Monroe  street,  measured 
at  right  angles  from  said  street;  thence,  passing  under  the 
buildings  forty-eight  feet  six  and  one-half  inches  to  an  angle 
in  said  run,  at  the  south  side  of  Fifth  street,  said  point  is  fifty- 
eight  feet  two  and  a  half  inches  easterly  from  the  east  side  of 
Monroe  street ;  thence,  north  fifty  degrees  and  thirty-four  min- 
utes (50  deg.  34  min.)  east  three  hundred  and  twenty-five  feet 
(325  ft.),  to  a  point  at  the  south  side  of  Sixth  street,  said  point 
is  four  feet  and  six  inches  west  of  the  face  of  the  east  wall  of 
the  sewer  now  constructed  across  Sixth  street. 

Sec.  2.     The  width  of  said  run  from  Fourth  street  to  the 
south  side  of  Fifth  street,  shall  be  ten  feet ;  and  from  the  south  ^'ur^^to"^ 
side  of  Fifth  street  to  the  south  side  of  Sixth  street,  shall  be  ^j.^^*^  ^^j'^'j.^*- 
nine  feet ;  and  all  culverts  which  shall  be  built  over  the  afore-  to  sixth 

'  .  street. 

said  parts  of  the  said  run,  shall  conform  to  the  course,  direc- 
tion and  dimensions  of  the  same  hereby  established. 

Passed  at  City  Hall,  May  21,  1875. 


AN  ORDINANCE  to  change  and  re-estaUislt  the  course  of 
Shipley  run  from  the  north  side  of  Eighth  street  to  the 
east  side  of  Monroe  street. 

Section  1.    That  the  present  course  and  direction  of  that  course  and 

„__.,.  direction. 

part  of  Shipley  run,  between  the  north  side  oi  Eighth  street 
and  the  east  side  of  Monroe  street,  are  hereby  altered  and 
changed,  and  the  course  and  direction  thereof,  between  said 
streets,  shall  hereafter  be  as  follows,  to  wit :  Beginning  at  the 
building  line  on  the  north  side  of  Eighth  street  in  the  centre 


912 


ORDINxVNCES. 


of  the  culvert  now  erected  over  said  run ;  and  running  thence, 
for  the  centre  line  of  said  run  north,  twenty-one  degrees  and 
thirty  minutes  east,  eighty-three  feet  and  four  inches  to  a 
point  of  curve  making  an  angle  with  the  centre  line  of  Eighth 
street  of  seventy-six  degrees  and  twenty-two  minutes ;  thence, 
from  said  point  of  curve  by  a  curved  line  of  two  hundred  and 
forty-four  feet  and  forty-eight  hundredths  of  a  foot  radius, 
deflecting  to  the  left  for  a  distance  of  one  hundred  feet  to  a 
point  of  tangent,  making  the  angle  at  the  intersection  of  the 
tangents  twenty  degrees  and  seven  minutes ;  thence,  from  said 
tangent  point  north,  two  degrees  and  fifteen  minutes  west,  one 
hundred  and  twenty  feet  to  the  east  side  of  Monroe  street,  in 
the  centre  of  the  culvert  now  erected  over  said  run. 

SJm  s  °v/nth  ^^^-  2-    The  width  of  said  run  from  the  north  side  of  Sev- 

to  Monroe      gjj^}^  street  to  the  said  easterlv  side  of  Monroe  street  shall  be 

street. 

ten  feet,  and  all  culverts  which  shall  be  built  over  said  run,  be- 
tween the  above  mentioned  points,  shall  conform  to  the  course, 
direction  and  dimensions  of  the  same  as  hereby  established. 

Sec.  3.     That  all  ordinances  and  parts  of  ordinances  in- 
consistent herewith  be  and  the  same  are  hereby  repealed. 

Passed  at  City  Hall,  September  20,  1877. 


Width. 


AN  OBDIXAXCE  changing  the  course  and  widening  the  hcd 
of  Shipley  run  from  Maryland  avenue  to  Marsh  lane. 

Section  1.  That  the  bed  of  Shipley  run,  from  the  east- 
erly side  of  Maryland  avenue,  to  and  under  the  .Philadelphia, 
Wilmington  and  Baltimore  Railroad,  shall  be  twenty  feet  wide, 
and  from  the  P.,  W.  &  B.  R.  R.  to  Marsh  lane,  shall  be  twenty 
feet  wide. 


Course  of 
Shipley  run. 


Sec.  2.  The  course  of  Shipley  run  from  Maryland  ave- 
nue to  ]\Iarsh  lane  shall  be  as  follows :  Beginning  at  a  point 
for  the  centre  line  of  said  culvert,  on  the  south  side  of  Mary- 
land avenue  and  distant  from  the  northeasterly  side  of  East 
Liberty  street  176  feet  6  inches;  thence,  deflecting  to  the 
right  from  ]\larvland  avenue,  making  an  angle  with  said  ave- 


ORDINANCES.  913 

nue  86  degrees  45  minutes,  and  rimning  22  feet  to  a  point  of 
curve  to  the  right,  with  a  radius  of  220  feet ;  thence,  with  said 
curve,  a  deflection  of  60  degrees  50  minutes  to  a  point  of  re- 
verse curve,  the  distance  measured  on  the  chord  subtending 
the  arc  from  point  of  curve  to  point  of  reverse  curve  is  224 
feet;  thence,  with  said  reverse  curve  deflecting  to  the  left  13 
degrees  30  minutes,  or  until  a  tangent  to  the  curve  will  pass 
down  the  centre  of  the  run  as  it  is  now  walled  in  by  the  Phila- 
delphia, Wilmington  and  Baltimore,  and  Delaware  and  West- 
ern Railroads ;  the  distance  measured  on  a  chord  from  point  of 
reverse  curv^e  to  point  of  tangent  is  113  feet ;  thence,  with  said 
tangent  186  feet  to  a  point  of  curve  on  the  southeasterly  side  of 
the  Delaware  and  Western  Railroad;  thence,  with  a  curve  to 
the  right,  radius  508,  feet,  deflection  10  degrees  55  minutes, 
distance  measured  on  a  chord  subtending  the  arc  is  96  feet ; 
thence,  with  a  curve  to  the  left,  radius  1153.5  feet,  total  de- 
flection 16  degrees  14  minutes  to  a  point  of  compound  curve, 
the  distance  measured  on  the  chord  subtending  the  arc  is  340 
feet;  thence,  from  said  point  of  compound  curve,  radius  228 
feet,  total  deflection  55  degrees  36  minutes,  distance  measured 
on  the  chord  subtending  the  arc  is  212.5  feet  to  a  point  of  tan- 
gent ;  thence,  with  said  tangent  160  feet  to  the  easterly  side  of 
Marsh  lane.  The  said  run  or  sewer  shall  be  twenty  feet  wide 
from  ^Maryland  avenue  to  the  east  side  of  ]Marsh  lane. 

Sec.  2.  All  ordinances  or  parts  of  ordinances  inconsistent 
herewith  are  hereby  repealed. 

Passed  at  City  Hall,  November  1,  1877. 


Course  and 


AN  ORDINANCE  to  change  and  re-estahlish  the  course  of 
Shipley  run  from  the  north  side  of  Ninth  street  to  the 
east  side  of  Adams  street. 

Section  1.  That  the  present  course  and  direction  of  that 
part  of  Shipley  run,  between  the  north  side  of  Ninth  street  direction. 
and  the  east  side  of  Adams  street,  are  hereby  altered  and 
changed,  and  the  course  and  direction  thereof  between  the  said 
streets  shall  hereafter  be  as  follows,  to  wit :  Beginning  at  the 
building  line  on  the  north  side  of  Ninth  street  at  the  distance 


914  ORDINANCES. 

of  two  hundred  and  six  feet  and  two  inches  (206  ft.  2  in.) 
easterly  from  the  east  side  of  Adams  street,  and  in  the  centre 
line  of  the  culvert  now  erected  over  said  run ;  and  running 
whence,  for  the  centre  line  of  said  run,  north,  twenty-eight  de- 
grees and  five  minutes  east,  twenty-nine  feet  to  a  point  of 
curve ;  thence,  from  said  point  of  curve  by  a  curved  line  of  one 
hundred  and  forty  feet  radius,  deflecting  to  the  left  for  a  dis- 
tance of  one  hundred  and  fifty-six  feet  to  a  point  of  reverse 
curve ;  thence,  with  said  reverse  curve,  with  a  radius  of  two 
hundred  and  forty  feet,  deflecting  to  the  right  one  hundred 
and  forty-five  and  a  half  feet,  to  the  easterly  side  of  Adams 
street,  at  the  centre  line  of  sewer  now  constructed  over  said 
run  across  Adams  street. 

Width  of  gj^Q  2.    That  the  width  of  said  run  from  the  north  side  of 

Ninth  street,  to  the  said  easterly  side  of  Adams  street,  shall  be 

Culverts.  eight  feet,  and  all  culverts  which  shall  be  built  over  said  run 
between  the  above  mentioned  points,  shall  conform  to  the 
course,  direction  and  dimensions  of  the  same  as  hereby  estab- 
lished. 

Sec.  3.    All  ordinances  and  parts  of  ordinances  inconsist- 
ent herewith  be  and  the  same  are  hereby  repealed. 
Passed  at  City  Hall,  July  3,  1879. 


ORDINANCES. 


915 


CHAPTER  XIII. 


NAVIGATION. 


Page 
1.     Harbor    Master   and    Regu- 
lations   of    Vessels 915 


Page 
2.     Regulating     the     Speed     of 
Steamboats 918 


AX  ORDINANCE  to  prevent  ohstructions  in  the  channels  of 
the  Christiana  river  and  Brandywine  creek,  within  the 
limits  of  the  city. 

Section  1.    From  aud  after  the  twentieth  day  of  October,  Anchoring 
instant,  it  shall  be  unlawful  for  the  master,  captain  or  other  ^et^weln  ^ 
person  having-  charge  of  any  vessel,  to  anchor,  lay  to,  or  other-  Popfar^^"*^ 
Avise  occupy  in  a  stationary  manner  (after  four  hours  notifica- ^^^[jftgl p'"°' 
tion)  with  his  vessel,  an}'  part  of  the  Christiana  river,  between 
Tatnall  street  and  one  hundred  feet  below  Poplar  street  (ex- 
cept on  the  south  side,  where  such  vessel  shall  leave  two  hun-  Exceptions. 
dred  feet  of  the  channel  open  and  free  from  obstruction)  and 
any  vessel  or  vessels  laying  to,  or  anchoring  between  the  said 
one  hundred  feet  below  Poplar  street  and  the  mouth  of  said 
river,  shall  leave  at  least  one  hundred  and  fifty  feet  of  the  channel  to 
channel  open  and  free  for  all  vessels  and  steamboats  to  pass  for  sa^iing^^ 
and  repass  without  obstruction.    Any  person  so  offending  shall  sTUmboats. 
be  guilty  of  a  common  nuisance,  and  for  the  first  offence  shall 
forfeit  and  pay  a  fine  of  five  dollars,  aud  for  every  subsequent 
offence  shall  forfeit  and  pay  a  fine  of  ten  dollars.    All  vessels  vk)"ation^°' 
drawing  twelve  feet  of  water  or  over,  which  may  be  lying  in 
the  stream  of  said  river,  between  the  said  one  hundred  feet  be- 
low Poplar  street  and  the  mouth  of  said  river,  shall,  after  the 
expiration  of  twenty- four  hours  from  the  time  of  their  first  drawing  1 2 
anchoring,  be  moored  head  and  stern  with  the  current,  and  for  phaii^mo^or^^ 
neglect  or  failure  herein,  the  master,  captain  or  other  person  sf^rn^uh 
having  charge  of  said  vessel  or  vessels,  shall  be  guilty  of  a  com-  ^^^  current, 
mon  nuisance,  and  for  the  first  offence  shall  forfeit  and  pay  a 


916 

Penalty. 


Discharging 
ballast  into 
creeks  un- 
lawful. 


Vessels  in 
dock  shall 
be  made  se- 
curely fast. 


Anchors  not 
to  interfere 
with  vessels 
passing. 


Obstructions 
to  naviga- 
tion. 


Vessels  ob- 
structing 
docks. 


ORDINANCES. 

fine  of  five  dollars,  and  for  the  second  and  every  subsequent 
offence  a  fine  of  ten  dollars. 

Sec.  2.  From  and  after  the  said  twentieth  day  of  October 
instant,  it  shall  not  be  lawful  for  any  person  or  persons  to  dis- 
charge from  any  vessel  or  otherwise  into  the  Christiana  river 
or  into  the  Brandy  wine  creek,  within  the  limits  or  jurisdiction 
of  this  city,  any  ballast  or  any  other  substance  calculated  to  fill 
up,  or  which  might  tend  to  create  any  obstruction  to  the  free 
navigation  of  said  river  or  creek ;  and  any  person  so  offending 
shall  be  guilty  of  a  common  nuisance,  and  for  every  such  of- 
fence shall  forfeit  and  pay  a  fine  not  exceeding  fifty  dollars. 

Sec.  3.  When  any  ship  or  vessel  shall  be  hauled  into  any 
wharf  or  dock,  or  alongside  of  another  vessel  that  may  be  ly- 
ing at  such  wharf  or  dock,  the  owner,  master,  pilot,  or  who- 
ever may  have  the  command,  care  or  direction  of  her,  shall 
have  her  securely  made  fast,  and  if  outside  of  another  vessel, 
shall  get  one  good  fast  from  each  end  of  the  vessel  to  the  shore, 
with  sufficient  fenders  between  them  and  the  inside  vessel,  and 
shall  cause  the  flukes  of  their  anchors  to  be  taken  in  board,  and 
within  one  hour  thereafter,  if  required,  cause  her  jib-boom, 
spritsail,  yard,  spanker  and  ringtail  booms,  if  any  they  have, 
to  be  rigged  in,  and  their  lower  yards  topped  up  in  such  man- 
ner as  least  to  interfere  with  vessels  passing. 

Sec.  4.  If  fasts  of  vessels  then  moored  at  a  wharf  shall 
extend  across  a  dock,  so  as  to  obstruct  the  passing  or  repassing 
of  shallops,  lighters  or  other  craft  or  vessels,  the  master,  or 
other  person  having  command  of  such  vessel,  shall,  upon  tlie 
first  application,  immediately  cause  such  fast  or  fasts  to  be 
cast  off  Of  slacked  down. 

Sec.  5.  If  vessels  lying  at  the  end  of  wharves  so  much  in- 
terlock with  each  other  as  to  prevent  vessels  hauling  in  and  out 
of  the  docks,  the  master,  owner,  pilot  or  other  person  having 
charge  of  the  same  shall,  immediately,  on  application  from  any 
person  so  wanting  to  haul  his  vessel  in  or  out  of  the  dock  afore- 
said, have  the  vessel  or  vessels  so  interfering,  moved  in  such  a 
manner  as  to  accommodate  the  one  applied  for,  in  which  case 


ORDINANCES.  917 

the  vessel  making  room  for  another  to  haul  in  or  out  shall  have 
liberty  to  make  her  warps  fast  to  the  most  convenient  place  ad- 
jacent for  a  reasonable  time,  and  all  sea  vessels  when  trans- 
porting or  wanting  to  haul  into  a  wharf  or  dock,  or  to  make 
sail  in  order  to  proceed  to  sea,  shall  have  the  same  privilege. 

Sec.  6.     For  the  purpose  of  having  the  foregoing  rules  Harbor  Mas- 
and  regulations  faithfully  and  impartially  executed,  a  Harbor  appointed. 
Master  shall  be  [elected  by  the  Council,  at  the  second  stated  1^^^^^.^°* 7*' 
meeting  in  July  next,  and  annually  thereafter,]  whose  duty  it  i5|^'  i"^-  ^• 
shall  be  strictly  to  enforce  the  foregoing  rules  («)  and  regula- 
tions, and  if  any  master  or  captain  of  any  such  vessel  shall  re- 
fuse or  neglect  to  comply  with  the  direction  of  said  Harbor 
IMaster,  while  in  the  execution  of  his  duty  as  aforesaid,  or  if  Harbor°Mas- 
•any  person  whatever  shall  obstruct  or  prevent  said  Harbor  *&!•• 
Master  in  the  execution  of  his  duties  aforesaid,  such  master, 
captain  or  other  person  shall,  for  each  offence,  severally,  for- 
feit and  pay  a  sum  not  exceeding  fifty  dollars,  to  be  recovered  penalty  for 
before  the  [Judge  of  Municipal  Court]  for  the  use  and  bene-  '^'ioiation. 
fit  of  said  city. 

(a)   For  the  legal  meaning  of  the  word  "rules,"  see  See.  76  "a"  of 
the  Charter,  and  the  ease  of 

Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  136.   (jr.  1S94) 

*  *  *  *******  ^^^  qj  April 

13.  1883. 

[In  case  of  any  failure  to  elect  a  Harbor  Master  at  the  Sept.  7,  is82. 
time  provided  in  this  section,  the  Harbor  Master  then  holding  fiec^a^Har- 
office  shall  hold  over  until  such  time  as  Council  shall  proceed  ^°^' ^^^*-®''- 
to  elect  his  successor,  who,  when  elected,  shall  hold  office  until 
the  period  of  the  next  regular  election.] 

[The  salary  of  the  Harbor  ]\Iaster  shall  be  the  sum  of  one  salary. 
hundred  dollars  per  annum,  payable  in  monthly  instalments,  -"^ug.  23.  isss. 
and  he  shall  not  receive  any  other  compensation  for  perform- 
ing the  duties. of  Harbor  Master.] 

Sec.  7.    The  first  named  penalty'  in  the  first  section  of  this 
ordinance  shall  not  be  recovered  when  vessels  are  aground  or  wiien  vessels 
from  stress  of  weather  it  may  be  dangerous  to  remove. 


918 


ORDINxVNCES. 


Sec.  8.  The  fines  hereinbefore  mentioned  shall  be  recov- 
ered before  the  [Municipal  Court]  as  sums  of  like  amount  are 
recoverable  for  the  use  of  said  city. 

Passed  at  Citv  Hall,  October  12,  1837. 


Speed  of 
steamboats. 


Penalty. 


Duty  of  Har- 
bor Master. 


AN  ORDINANCE  to  regulate  the  speed  of  steamboats  within 
the  limits  of  this  city. 

Section  1.  From  and  after  the  passage  of  this  ordinance, 
it  shall  not  be  lawful  for  any  boat  or  vessel,  propelled  or  navi- 
gated by  the  force  or  aid  of  steam,  to  enter  or  be  propelled  in 
the  Christiana  river  within  the  limits  of  the  City  of  Wilming- 
ton at  a  greater  rate  of  speed  than  as  follows :  Vessels  or  boats 
over  100  tons,  four  miles  per  hour ;  vessels  of  100  tons  and  un- 
der, five  miles  per  hour ;  and  the  master,  commander  or  man- 
ager of  any  boat  or  vessel  which  shall  enter  or  be  propelled  in 
the  said  river,  wdthin  the  limits  aforesaid,  at  a  greater  rate  of 
speed  than  is  provided  by  this  section,  shall  be  guilty  of  a  com- 
mon nuisance  and  for  every  such  offence  shall,  upon  convic- 
tion thereof  before  the  []\Iunicipal  Court]  of  this  city,  forfeit 
and  pay  a  fine  of  twenty  dollars,  the  one-half  thereof  to  be 
paid  to  the  informer,  and  the  other  half  to  be  paid  into  the 
city  treasury. 

Sec.  2.  It  shall  be  the  duty  of  the  Harbor  Master  for  the 
said  city,  by  himself  of  his  deputy,  to  leave  a  copy  of  this  ordi- 
nance on  board  each  and  every  boat  or  vessel  propelled  or  navi- 
gated by  steam  now  in  the  Port  of  Wilmington  or  which  may 
hereafter  come  into  the  same. 


Ordinance  of 
Sept.  9,  1847, 
repealed. 


Sec.  3.  That  the  ordinance,  entitled  "An  ordinance  to 
regulate  the  speed  of  steamboats  within  the  limits  of  this 
city,"  passed  September  9,  18-47,  and  all  ordinances  and  parts 
of  ordinances  inconsistent  with  the  provisions  of  this  ordi- 
nance be  and  the  same  are  hereby  repealed,  made  null  and 
void. 


Passed  at  City  Hall,  March  31,  1882. 


ORDINANCES. 


919 


CHAPTER  XIV 

WHARVES. 


Page 
1.     Regulating         Leasing        of 

Wharves    919 


Page 
2.     Regulating    Use    of    Leased 

Wharves    920 


AN  ORDINANCE  regulating  the  leasing  of  the  wharf  prop- 
erty of  the  City  of  Wilmington.^ 

Section  1.    From  and  after  the  passage  of  this  ordinance,  „^    ^ 

^  °  '  Wharf  prop- 

so  much  of  the  wharf  property  of  this  city  shall  be  put  up  at  erty  to  be 

1C3-SGQ.  3,L 

public  sale  on  the  first  Monday  of  oNIarch  of  each  year  as  shall  public  sale, 
come  into  possession  of  the  citj^  by  the  expiration  of  leases 
heretofore  granted,  or  that  may  be  granted,  and  sold  («)  to  ^^^  ,g  ^^^^ 
the  highest  bidder  for  the  term  of  three  years.  [Provided,  the 
Committee  on  Public  Buildings  have  the  right  to  reserve  a  bid 
and  withdraw  any  wharf  if,  in  their  opinion,  the  highest  bid 
is  not  sufficient.] 

(o)  The  rents  received  from  the  leases  of  wharves  under  the  above 
ordinance  were  expended  by  ' '  The  Council ' '  for  the  use  of  the  city  until 
the  year  1887. 

The  Street  and  Sewer  Department  was  created  in  that  year,  and  it 
claimed  and  received  the  rents  from  that  time  until  about. the  year  1900 
when  the  Court  decided  the  rents  belonged  to  ' '  The  Mayor  and  Council 
of  Wilmington,"  and  not  to  the  Street  and  Sewer  Department. 

Lore,  C.  J.:  "  — also  a  third  suit  brought  by  the  same  plaintiffs 
against  the  said  Auditor  of  the  City  of  Wilmington 
*  *  in ,  which  the  same  issue  was  raised  in  regard  to  rents  collected 
from  lessees  of  wharves  along  the  river  front  at  the  ends  of  streets  owned 
by  the  said  City  of  Wilmington.  *  *  Judgment  was  rendered  in  favor 
of  the  defendant  in  each  case."  i.  e.,  for  "The  Council"  and  against  the 
Street  and  Sewer  Department. 

Street  and  Sewer  Department  vs.  Connell,  2  Penn.  571  at  572.  (yr. 
1900) 


1.     Wharves  are  now  leased  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department. 


920 


ORDINANCES. 


Walnut  gEc.  2.  The  foot  of  Walnut  street,  now  leased  to  the  Phila- 

street  wharf  ' 

exempt  for  delphia,  Wilmington  and  Baltimore  Eailroad  Company,  shall 
^■'^■^^-  be  exempt  from  this  ordinance  as  by  a  resolution  of  Council 
lease.  which  states,  "That  in  consideration  of  certain  amounts  of 

money  spent , thereon  by  the  said  P.,  W.  &  B.  Railroad  Com- 
pany, that  Council  would  apply  for  power  from  the  Legisla- 
ture to  grant  a  lease  to  said  Philadelphia,  Wilmington  and 
Baltimore  Railroad  Company  for  the  term  of  fifty  years  from 
March  25th,  1862, ' '  and  which  power  has  been  applied  for. 

Sec.  3.  The  wharf  property  at  the  foot  of  Shipley  street, 
now  leased  by  James  Murphy,  shall  be  exempt  from  this  ordi- 
nance until  the  expiration  of  the  time  specified  in  his  lease, 
also  the  wharf  property  at  the  foot  of  French  street,  now 
leased  to  George  W.  Bush  until  the  expiration  of  the  time 
specified  in  his  lease,  provided  he  makes  all  needed  repairs  to 
the  wharf  at  his  own  expense,  and  shall  leave  it  in  good  condi- 
tion. 

West  street  Sec.  4.    That  portiou  of  West  street  which  has  been  leased 

open!"^''^  to  the  Harlan  &  Hollingsworth  Company  as  a  wharf  property, 
being  a  portion  of  said  West  street  and  not  a  wharf  property, 
shall  remain  open  to  the  public,  and  leased  to  no  one. 

Jan.  15, 1874.  |-g^^^   5      rj.j^^^  ^^^  ^w]lari  property  at  the  foot  of  Third 

street,  and  the  foot  of  Fourth  street,  and  the  wharf  property 
at  the  foot  of  Poplar  street,  shall  be  exempt  from  the  opera- 
tion of  this  ordinance,  and  the  Council  shall  have  power  from 
time  to  time  to  let  or  demise  the  same  in  such  manner  and  for 
such  times  not  exceeding  ten  years  as  may  be  deemed  expedi- 
ent.] 

Passed  at  City  Hall,  February  9,  1871. 


Shipley- 
street  wharf 
exempt  until 
present 
lease  expires, 

French 
street  wharf. 


To  be  kept 
in  repair  by 
renter  at  his 
expense. 


AN  ORDINANCE  relating  to  the  leases  of  public  wharves. 

Section  1.    That  public  wharves  belonging  to  the  City  of 

i^Sd*°    Wilmington,  and  being  situated  at  the  end  of  public  streets, 

te/npur-^^"^'  sliall  be  leased  only  for  the  purpose  of  loading  and  unloading 

poses.  q£  merchandise  in  the  course  of  business,  and  it  shall  not  be 

lawful  for  any  person  or  persons  leasing  such  wharves  to  store 


ORDINANCES.  921 

on  such  wharves  any  merchandise  or  other  material,  but  shall 
keep  the  said  wharf  between  the  building  lines  of  the  street 
clear;  nor  shall  any  person  leasing  said  wharves  erect  any 
building  or  structure  over  or  on  such  wharves,  and  all  leases 
hereafter  made  shall  have  therein  plainly  expressed  the  provi- 
sions of  this  ordinance. 

Sec.  2.    Anv  violation  of  the  provisions  of  this  ordinance  Penalty  foi- 

■^  violation. 

shall  be  punished  with  a  fine  of  five  dollars,  and  shall,  at  the 
discretion  of  the  Council,  work  a  forfeiture  of  the  lease. 

.     Passed  at  City  Hall,  February  14,  1884. 


922 


ORDINANCES. 


CHAPTER  XV 


RAILROADS. 


Page 


Minors  on   Moving   Railroad 
Cars     


922 


Page 
2.     Requiring     Gates    at     Raii- 

road    Crossings    -923 


AN  ORDINANCE  to  prevent  hoys  or  minors  getting  on  rail- 
road cars  ivhile  passing  through  this  city. 

Whereas,  It  has  been  shown  to  this  Council  that  many 
boys  or  minors  are  in  the  habit  of  riding  on  the  ears,  while 
passing  through  this  city,  to  the  great  danger  of  their  lives ; 
and 


Oct.  25, 1884.  Whereas,  the  officers  of  the  railroad  [and  street  railway] 

-companies  find  it  impossible  entirely  to  break  up  the  practice ; 
now,  therefore, 

hibited  from  SECTION  1.    It  shall  uot  be  lawful  f or  any  boy  or  minor  to 

movinfran^  get  upon  any  railroad  («)   [or  street  railway]  car  (^)  while  it 
road  cars.       ^^  ^^  motion  within  the  limits  of  this  city ;  and  if  any  boy  or 
minor  shall,  in  violation  of  this  ordinance,  get  upon  any  rail- 
road [or  street  railway]  car  whilst  in  motion,  each  and  every 
boy  or  minor  aforesaid,  so  offending  shallj  upon  conviction 
Ordinance  of  thereof  before  the  []\Iunicipal  Court,]  forfeit  and  pay  a  fine  of 
"  ^  ■  '       ■  [not  less  than  one  nor  more  than  five  dollars.] 

(a)  As  to  the  duty  a  railroad  company  owes  a  minor  child, — a  tres- 
passer— on  its  cars, — see   the   case   of 

Tully's  Admr.  vs.  P.,  W.  &  B.  E.  E.,  3  Penn.  455.  (yr.  1901) 

(h)  As  to  the  duty  a  street  railway  company  owes  a  minor  child — 
a  trespasser — on  its  cars,  see  the  case  below  cited.  In  this  case  the  Coiirt 
said: 

Boyce,  J.:  " And  if  you  find  that  the  motorman  of  the  defendant 
saw ' '  the  child  "in  a  dangerous  position  upon  the 
front  platform  of  the  car  while  it  was  in  motion,  and  that  he  was  then  an 
infant  of  about  the  age  of  five  years,  and  that  by  an  order  or  threat  of 
the  said  motorman  he  was  frightened  to  such  an  extent  as  to  cause  him 
to  jump  or  fall  from  the  said  car  while  it  was  in  motion,  and  that  the  ae- 


ORDINANCES.  923 

cident   and  injury  to  Mm  was  caused  thereby,  the  defendant  would  be 
liable. ' ' 

Goldstein  vs.  Peoples  Ej.,  5  Penn.  306  at  311.   (yr.  1905) 

Passed  at  City  Hall,  April  3,  1851. 


AN  ORDINANCE  in  relation  to  railroad  companies. 

Section  1.     It  shall  be  the  duty  of  the  several  railroad^  ^     ^     ., 

''  _  Duty  of  rail- 

companies  operated  by  steam  power,  having  trains  of  cars  ^'oad  com- 

passing  over  the  railroad  tracks,  where  the  same  crosses  the  pia-ce  gates 

.  .        .  .at  street 

public  streets  of  this  city,  to  place  gates  across  such  of  said  crossings. 
streets  at  railroad  crossings  as  the  Council  may,  by  resolution 
or  otherwise,  order  and  direct.  Any  such  railroad  companies 
failing  or  refusing  to  comply  with  the  provisions  of  this  ordi- 
nance shall,  for  each  such  offence,  forfeit  and  pay  a  fine  of 
fifty  dollars,  to  be  recovered  before  the  [Municipal  Coui't]  for 
the  use  of  the  city. 

Passed  at  City  Hall,  May  12,  1881. 


924 


ORDINANCES. 


CHAPTER  XVI 


SALES  AND  LEASES  OF  REAL  ESTATE. 


Page 
Authorizing  Lease  of  "Sand 
Hole    Lot"    to    Trustees    for 

Use    of    the    IVIilitia 924 

Authorizing    Sale    of    Land 
at     Twelfth      and      Orange 


Streets 


926 


Page 
Ratifying     Sales     of     Land 
and    Ordering    Deeds    to    be 

IVIade   to    Purchasers 926 

Authorizing    Sale    of    Land 
at       Ninth       and       DuPont 


Streets 


927 


Who  are  au- 
thorized to 
lease  lot. 


Trustees  to 
whom  the 
same  is  to  be 
leased  and 
their  suc- 
cessors. 


Location 
and  descrip- 
tion of  lot 
to  be  leased. 


AN  ORDINANCE  authorizing  the  leasing  of  a  portion  of  a 
lot  of  land  belonging  to  the  City  of  Wilmington,  known 
as  ''Sand  Hole  Lot."  («) 

(a)  See  Sec.  1  "  a, "  and  Sec.  2  "  a, "  pp.  513-514  of  this  volume,  where 
Chancellor  Saulsbury,  in  the  case  of  Coyle  vs.  Mclntire,  7  Houst.  p.  44,  re- 
fers to  this  ' '  sand  lot ' '  by  way  of  illustration,  in  showing  the  meaning 
of  "public"  and  "private"  property  owned  by  the  city.  The  property 
is  "public"  as  far  as  the  inhabitants  of  the  city  are  concerned,  but  it 
has  a  ' '  i^rivate ' '  character  as  against  the  county  or  the  State. 

Section  1.  That  the  Committee  on  Public  Buildings  be, 
and  is  hereby  authorized  and.  empowered  to  lease  in  the  name 
of  The  Mayor  and  Council  of  Wilmington,  to  J.  Parke  Postles, 
William  T.  Porter,  E.  Tatnall  Warner,  Harry  T.  Gause  and 
Edward  G.  Bradford,  Jr.,  and  their  successors,  as  Trustees  in 
trust,  for  the  use  of  the  militia  of  the  State  of  Delaware,  lo- 
cated in  the  City  of  Wilmington,  for  the  term  of  ninety-nine 
years,  at  an  annual  rental  of  twenty-five  dollars,  payable  in 
annual  payments,  the  following  described  tract  of  land  belong- 
ing to  said  city,  to  wit :  Beginning  at  southwest  corner  Thir- 
teenth and  Orange  streets;  thence,  southerl}-  by  said  Orange 
street  one  hundred  and  sixty  feet  to  a  corner;  thence,  west- 
erly parallel  with  Thirteenth  street,  eight  feet  to  a  corner; 
thence,  northerly  parallel  with  Orange  street,  one  hundred 
and  sixty  feet  to  the  southerly  side  of  Thirteenth  street ;  and 
thence,  thereby  easterly,  eighty  feet  to  the  westerly  side  of 


ORDINANCES.  '  925 

Orange  street  and  place  of  beginning.    Containing  within  said 
bounds,  twelve  thousand  eight  hundred  square  feet  of  land. 

Sec.  2.     Trustees,  hereinbefore  mentioned,  or  their  sue-  Trustees 

.  authorized 

cessors,  will  be  required  to  commence  the  erection  of  a  sub-  to  erect  ar- 
stantial  brick  building  to  be  used  for  the  purposes  of  an 
armory  for  the  use  of  the  militia  aforesaid,  within  one  year 
from  the  date  of  the  passage  of  this  ordinance,  and  complete 
the  same  within  two  years  from  the  passage  of  this  ordinance, 
said  building  to  be  built  in  a  good  and  substantial  manner,  and 
with  good  architectural  taste  and  design,  so  that  the  same, 
when  completed,  will  present  a  neat  and  respectable  appear- 
ance on  Orange  street  and  on  Thirteenth  street.  The  cost  of 
said  armory  building,  when  it  is  completed,  shall  not  be  less 
than  ten  thousand  dollars. 

Sec.  3.    In  the  event  of  the  failure  of  the  Trustees  afore-  Failure  of 

Trust8GS  to 

said,  or  their  successors,  to  commence  the  erection  of  said  ar-  erect  ar- 
mor}^ building  within  one  year  from  the  passage  of  this  ordi- 
nance, or  their  failure  to  complete  the  same  within  two  years 
from  the  passage  of  this  ordinance,  or  in  case  at  any  time  after 
the  erection  of  said  armory,  during  the  term  of  ninety-nine 
years  aforesaid,  from  the  passage  of  this  ordinance,  the  militia 
aforesaid  shall,  for  a  period  of  two  years,  fail  to  use  said  ar- 
mory building  for  the  purpose  for  which  it  was  erected,  under, 
and  by  the  provisions  of  this  ordinance,  then,  and  in  such 
event,  the  lease  given  to  the  Trustees  aforesaid  and  their  sue-  Lease  to  be 

in-  TIT  T         •  1  11  •  1  ■^'Oid.  when. 

cessors,  shall  immediately  become  null  and  void,  and  the  said 
lot  of  land,  with  the  buildings  and  improvements  erected  there- 
on, shall  immediately  become  the  property  of  the  City  of  Wil- 
mington, to  be  by  it  taken  possession  of,  used  or  sold  by  said 
city,  in  conformity  with  the  Act  or  Acts  of  the  General  As-  Effect  there- 
sembly,  then  governing  the  sale  of  city  property  by  The 
]\Iayor  and  Council  of  Wilmington.  Sul)ject,  however,  to  any 
lien  or  liens  against  said  armory  building  not  exceeding  two- 
thirds  the  value  thereof,  in  ease  said  building  is  not  used  for 
the  purpose  of  an  armorj',  for  the  term  of  ninety-nine  years 
from  the  passage  of  this  ordinance;  and  in  case  the  said  ar- 
mory building  shall  be  used  for  the  purpose  for  which  it  is 
erected,  for  the  full  term  of  ninety-nine  years  from  the  pas- 


926  ORDINANCES. 

sage  of  this  ordinance,  then,  and  in  such  an  event,  the  said  ar- 
mory building  shall,  at  the  expiration  of  said  term  of  ninety- 
nine  years,  become  the  property  of  the  City  of  Wilmington, 
absolutely;  free  from  all  liens  which  may  have  been  placed 
thereon  by  the  Trustees  aforesaid,  or  their  successors. 

Passed  at  City  Hall,  April  24,  1884. 


AN  ORDINANCE  autliorizing  the  sale  of  certain  real  estate 
in  the  City  of  Wilmington. 

Tw^ffth  and  SECTION  1.    That  all  that  portion  of  real  estate  belonging 

strlefs^t  b    ^^  ^^^^   ^^^"^^  °^  Wilmington,   and  lying  and  being  between 
sold.  Twelfth  and  Thirteenth  streets  and  between  Orange  and  Tat- 

nall  streets  in  the  said  city,  be  exposed  to  public  sale  at  such 
time  and  upon  such  terms  as  may  be  deemed  advisable  by  the 
Committee  on  Public  Buildings  of  the  Council,  and  that  The 
Mayor  and  Council  of  Wilmington  be  and  the  said  corporation 
is  hereby  authorized  to  make  the  proper  deeds  to  purchasers 
thereof. 

Passed  at  City  Hall,  June  25,  1885. 


AN  ORDINANCE  althorizing  and  directing  the  completion  of 
the  sale  of  certain  real  estate  in  the  City  of  Wilmington, 
and  ratifying  and  confirming  the  same. 

Preamble.  Whereas,  Pursuant  to  the  provisions  of  an  Act  of  the 

General  Assembly  of  the  State  of  Delaware,  authorizing  the 
sale  of  certain  real  estate  belonging  to  the  City  of  Wilming- 
ton, passed  at  Dover,  April  18th,  A.  D.  1883,  and  of  an  ordi- 
nance passed  by  the  Council  of  Wilmington,  June  25th,  A.  D. 
1885,  and  approved  by  the  IMayor,  June  27,  A.  D.  1885,  to 
carry  out  the  provisions  of  said  Act,  the  said  real  estate  there- 
by authorized  to  be  sold  was,  on  the  11th  day  of  July,  A.  D. 
1885,  exposed  to  public  sale  and  struck  off  by  parcels  to  certain 
parties  who  were  the  highest  and  best  bidders  therefor.  Now, 
therefore, 

Be  it  ordained,  by  The  Council  of  Wilmington  (two- 
thirds  of  all  the  members  thereof  for  the  time  being  herein  con- 
curring) : 


ORDINANCES.  927 

Section  1.    That  the  said  lots  or  parcels  of  the  said  real  ^^°^s  ordered 
estate  be  sold  and  conveyed  in  fee  simple  respectively  to  those 
persons  or  parties  who  at  said  public  sale  were  the  highest  and 
best  bidders  therefor,  and  to  whom  the  same  were  as  aforesaid 
struck  off,  and  the  said  sale  is  hereby  ratified,  approved  and 
confirmed,  and  The  ]\Iayor  and  Council  of  Wilmington  be  and  ^ouncif  "<? 
the  said  corporation  is  hereby  authorized  and  directed  to  sell  ^ffivgr^  ^"*^ 
and  convey  in  fee  to  the  said  purchasers  or  parties  to  whom  p^'^p^^' '^®^^''- 
said  lots,  parcels  or  portions  were  struck  off  at  said  sale,  such 
lots,  parcels  or  portions  so  struck  oft'  to  them,  and  to  complete 
said  sale  by  making,    executing    and    delivering  to  the  pur- 
chasers aforesaid  respectively  proper  deeds  for  those  lots,  par- 
cels or  portions  of  said  real  estate  so  struck  off  to  them  at  said 
public  sale  and  purchased  by  them  as  aforesaid,  npon  the  pay- 
ment by  the  said  purchasers  of  the  sum  or  sums  bidden  by 
them  for  the  said  lots  respectively  at  said  public  sale. 

Passed  at  City  Hall,  July  30,  1885. 


AN  ORDINANCE  providing  for  the  sale  of  certain  real  es- 
tate in  the  City  of  AYilmington. 

Section  1.  That  all  that  portion  of  real  estate  belonging  certain  land 
to  the  City  of  Wilmington,  lying  and  being  between  DuPont  *°  "^^  ^°'*^- 
street,  Scott  street.  Eighth  street  and  Ninth  street  in  said  city, 
and  more  especially  designated  in  an  Act  of  the  General  As- 
sembly of  the  State  of  Delaware,  entitled  ' '  An  Act  to  author- 
ize the  sale  of  certain  real  estate  in  the  City  of  Wilmington. ' ' 
passed  at  Dover,  March  7,  1889,  authorizing  the  sale  thereof, 
be  exposed  to  public  sale  at  such  time  or  times,  and  at  such 
place  or  places,  and  by  lot  or  otherwise  as  the  Committee  on 
Public  Buildings  may  deem  advisable,  and  that  The  Mayor 
and  Council  of  Wilmington,  by  its  proper  officers,  shall  exe- 
cute and  deliver  to  any  purchaser  or  purchasers  proper  deeds 
in  fee  simple. 

Sec.  2.    The  monies  arising  from  the  sale  of  real  estate  by  Monies. 
Section  one  (1)  of  this  ordinance   designated   shall   be   paid  posited. 


928  ORDINANCES. 

over  to  the  City  Treasurer  for  the  use  of  the  Commissioners  of 
the  Sinking  Fund,  in  accordance  with  the  terms  of  the  Act  of 
the  General  Assembly  above  named. 

Passed  at  City  Hall,  February  27,  1890. 


ORDINANCES.  929 


CHAPTER  XVII 

TAXATION. 

Regulating  the  Assessment  and  Collection   of  Taxes  on    Horses,    Etc. 

AN  ORDINANCE  regulating  the  assessment  and  collection  of 
taxes  on  horses  and  other  animals  in  the  City  of  ^Vilming- 
ton. 

Whereas,  By  an  Act  of  the  General  Assembly  of  the  Preamble. 
State  of  Delaware,  entitled  "An  Act  concerning  horses  and 
other  animals  in  the  City  of  Wilmington,"  passed  at  Dover, 
March  12,  1879,  it  was  enacted  that  there  should  be  assessed 
and  collected  hj  The  Mayor  and  Council  of  AVilmington,  for 
the  use  of  the  city,  an  annual  tax  of  one  dollar  upon  each 
horse,  mule,  ass  or  animal  of  the  horse  kind,  owned  or  kept  for 
use  within  the  limits  of  the  City  of  Wilmington,  and  that  the 
Council  should,  by  ordinance,  prescribe  the  manner  of  assess- 
ing and  collecting  the  same;  therefore, 

Be  it  ordained,  by  The  Council  of  Wilmington : 

Section  1.     That  it  is  hereby  made  the  duty  of  the  As-  Duty  of  As- 
sessors and  Collectors  of  the  City  of  Wilmington,  immediately  ccfiiectors. 
upon  the  passage  of  this  ordinance,  and  annually  thereafter, 
to  assess  a  tax  of  one  dollar  upon  each  horse,  mare,  mule,  ass  o/horses^" 
or  animal  («)  of  the  horse  kind,  ow^ned  or  kept  for  use  within 
the  limits  of  this  city.     The  assessment  shall  be  made  in  the 
name  of  the  owner  or  owners  if  known,  or  if  unknown  then  in 
the  name  or  names  of  the  persons  having  charge  of  any  such 
animal  or  using  the  same.    Upon  the  completement  of  the  as- 
sessment the  list  shall  be  placed  in  the  office  of  the  Clerk  of 
Council  for  inspection. 

(a)    The  Council  has  authority  to  fix  the  amount  of  a  tax  on  animals 


930 


ORDINANCES. 


Appeals  to 
be  made  to 
Finance 
Committee 
of  Council. 


Assessment, 
when  to  be 
completed. 


without  giving  any  notice  or  hearing  thereon  to  the  owner  or  owners  of 
the  same. 

Nicholson,  Cli. :  ' '  Thus  if  the  tax  on  animals  be  a  fixed  sum  per 
head  *  *  there  is  nothing  the  owner  can  do 
which  can  affect  the  amount  to  be  collected  from  him. ' ' 

English  vs.  Wilmington,  2  Marv.  63  at  92.   (yr.  1894) 

Any  person  who  has  been  improperly  assessed  shall  have 
the  right  to  appeal  from  the  same  to  the  Finance  Commit- 
tee, and  if  upon  appeal  it  shall  appear  that  the  assessment 
has  been  made  against  the  wrong  person  the  Finance  Commit- 
tee shall  cause  the  assessment  to  be  made  against  the  proper 
person. 

The  assessment  shall  specify  the  color  and  kind  of  animal, 
whether  male  or  female,  and  shall  be  completed  by  the  first 
day  of  June ;  and  the  list  shall  remain  open  for  inspection  and 
correction  until  the  first  day  of  July,  when  the  same  shall  be 
sent  to  City  Auditor  for  collection. 


Act  of  April 
11,  1883. 

Collection 
of  tax. 


Sec.  2.  It  shall  be  the  duty  of  the  [Assessors  and  Collec- 
tors] to  immediately  collect  all  such  assessments,  and  pay  the 
money  into  the  city  treasury  as  other  moneys  are  collected  and 
paid  in  by  him,  and  he  shall  keep  a  separate  account  of  the 
same. 


Receipts.  The  [Asscssors  and  Collectors]  shall  procure  books  of  re- 

ceipts marked  "original"  and  "duplicates,"  the  original  re- 
ceipt shall  be  given  to  the  person  paying  the  tax,  the  duplicate 
to  remain  in  the  book.  Upon  the  sale  of  any  animal  within 
the  year  for  which  such  tax  is  paid  the  receipt  may  be  trans- 
ferred to  the  purchaser,  and  shall  be  evidence  that  the  tax  is 
paid  for  the  year  specified  in  the  receipt. 


Penalty  for 
concealing 
animals. 


Sdc.  3.  Any  person  concealing  any  such  animals,  or  by 
any  fraud  or  artifice  attempting  to  evade  the  assessment  and 
collection  of  the  tax  upon  any  such  animal,  shall,  for  every 
such  offence,  forfeit  and  pay  a  fine  of  ten  dollars,  to  be  recov- 
ered before  the  [Municipal  Court]  for  the  use  of  the  city. 


Refusal  to 
pay  tax. 


Sec.  4.  Upon  the  refusal  or  neglect  of  any  person  to  pay 
any  such  asse&sment  for  the  space  of  sixty  days  after  demand 
therefor  by  the  [Assessor  and  Collector] ,  it  shall  be  the  duty 


ORDINANCES.  931 

of  the  [  Jnclge  of  the  Municipal  Court]  to  issue  a  warrant  cli-  ^^^^ggs"^^'^^ 
reeted  to  the  [Assessor  and  Collector] ,  who  shall  immediately 
levy  upon  any  such  animal  or  animals ;  or  if  such  animal  or 
animals  cannot  be  found,  then  upon  any  other  goods  and  chat- 
tels of  the  delinquent,  and  upon  five  days'  notice  in  a  news- 
paper of  this  city  he  shall  sell  the  same  at  public  auction,  and 
after  deducting  the  amount  of  tax  due,  with  the  interest  there- 
on, and  all  cost,  he  shall  deposit  the  residue  in  the  National 
Bank  of  Delaware  to  the  credit  of  such  delinquent,  taking  a 
certificate  from  the  cashier  of  such  deposit,  which  certificate 
he  shall  keep  on  file  in  his  office. 

Passed  at  City  Hall,  IMay  1,  1879. 


AN  ORDINANCE  authorizing  the  levying  and  collection  of 
taxes  upon  telegraph,  telephone  and  electric  light  poles, 
and  other  erections  of  a  like  character,  within  the  limits 
of  the  City  of  Wilmington. 


Supplied  by 

amendment 

to  Sec.  80  of 

City  Cliarter, 

Act  of  March 

25.  1907. 

24  D.  L.  353. 


932 


ORDINANCES. 


CHAPTER  XVIII 

STREETS. 


Page 

1.  Extending       Broad       (Sev- 
enth)   Street    932 

2.  Erection    of    Fences 933 

3.  Regulating    tine    Width    of 
Streets    935 

4.  Ascents    and    Descents    of 
Certain    Streets    935 

5.  Streets  Laid  Out  and  Lists 

of    Same    939 

6.  Ascents    and     Descents    of 
Market    Street    942 

7.  Changing    Names    of    Cer- 
tain   Streets     942 

8.  Changing     Name    of    Pas- 
ture   Street    943 

9.  Changing    Name    of    Ken- 
nett    Road     943 

10.  Manner    of    Filling     Exca- 
vations         944 

11.  Vacating      Part     of     West 
Eleventh    Street    945 

12.  Vacating    Part   of    Monroe 
Street    945 

13.  Vacating    Part   of   Orange 
Street    945 

14.  Vacating     Part    of     Madi- 
son   Street    946 


Page 

15.  Vacating  Part  of  West 
Tenth    Street    946 

16.  Vacating  Washington 
Street    Below    Front 946 

17.  Changing  Name  of  Mill 
Street    947 

18.  Changing  Name  of  Frantc- 

lin    Street    947 

19.  Widening  Ninth  Street 
Between  Market  and 
Shipley     948 

20.  Widening  King  Street  Be- 
tween   Second    Street    and 

the    Christiana     River 948 

21.  Protecting    Street    Pavers.     948 

22.  Vacating  Part  of  Fifth 
Street     

23.  Vacating  Parts  of  Wal- 
nut, Spruce  and  Second 
Streets    

24.  Providing  for  Danger  Sig- 
nals  Upon   the  Streets.... 

25.  Changing  the  Spelling  of 
Hazlet   Street    

26.  Locating    Haslet   Street... 

27.  Protection  of  Center 
Stones     951 


948 


949 


949 


951 
950 


AN  ORDINANCE  for  regulating  pavements,  posts  and  gut- 
ters, and  extending  Broad  street  to  the  road  leading 
through  Brandywine  marsh. 


Whereas,  Broad  street  is  already  extended  in  the  plan  of 
the  borough  to  the  westerly  side  of  the  King's  road,  leading 
from  Brandywine  bridge  to  Christiana  ferry,  and  is  already 
opened  from  thence  to  the  Swedish  Church  burying  ground. 


ORDINANCES.  933 

Be  it  enacted,  That  Broad  street  shall  be  extended  from  f^^oad  street 

'  (now 

its  present  termination  of  the  west  side  of  said  road  in  its  ^®7®"i^j 

^  extended. 

width  forty-nine  feet,  and  in  the  course  of  said  street  about 
south  fifty-eight  degrees  east  for  about  thirty-four  perches  un- 
til it  comes  to  the  line  of  the  Swedish  Church  lot ;  from  thence, 
beginning  on  the  easterly  side  of  said  Broad  street  as  thus  ex- 
tended, and  continuing  its  aforesaid  breadth  of  forty-nine  feet 
along  the  north  side  of  the  line  of  the  aforesaid  church  lot  for 
about  eleven  perches  and  a  half  until  it  reaches  to  the  easterly 
extremity  of  said  lot;  thence,  continuing  said  breadth  south 
sixty-two  and  a  quarter  degreees  east  about  forty  perches  until 
the  middle  of  said  street  adjoins  the  middle  of  the  aforesaid 
Marsh  road,  on  the  northerly  side  of  John  Erwin's  marsh. 

And  he  it  further  enacted,  That  the  said  Broad  street  as  Tobeapub- 

.  .  lie  street. 

herein  extended,  and  Marsh  street  as  hereinafter  nominated, 
shall  at  all  times  and  on  every  occasion  forever  hereafter  be 
deemed,  construed  and  taken  as  a  public  street  in  this  borough 
to  all  intents  and  purposes  whatsoever,  and  that  from  the  first 
turn  at  the  north  side  of  the  church  lot  the  same  street  shall  Name  of 

part  of 

on  all  occasions  forever  hereafter  be  nominated  Marsh  street,  street. 
Passed  September  12,  1772. 


AN  ORDINANCE  to  prevent  encroachments  heing  made  on 
any  of  the  streets  or  public  highways  within  this  'borough, 
and  for  removing  those  already  thereon,  and  for  other 
purposes  therein  mentioned. 

"Whereas,  Pursuant  to  an  order  of  the  Burgesses  and  as-  Preamble, 
sistants  of  this  borough  there  was  a  resurvey  made  of  the 
bounds  thereof,  and  also  of  all  the  streets  and  highways  within 
the  sajme,  and  the  situation  and  direction  of  the  said  streets 
and  public  highways  ascertained  by  red  cedar  posts  and  stones 
fixed  in  the  earth  in  the  centre  or  middle  of  said  streets  re- 
spectively, where  they  cross  each  other,  with  the  names  and 
width  of  said  streets  ascertained,  to  wit :  Water  street  thirty- 
three  feet  broad;  Front  street  to  the  westward  of  Market 
street  at  sixty  feet  broad ;  High  street  at  eighty-two  feet  six 
inches  broad;    Queen    street    at   fifty-four  feet  broad;  Wood 


934  ORDINANCES. 

street  at  thirty-three  feet  broad.  All  the  other  streets  extend- 
ing westward  and  eastward,  to  wit :  Front  street,  Second 
street.  Third  street,  Hanover  street,  Broad  street,  Kent  street, 
Chestnut  street  and  Elizabeth  street  at  forty-ni$ie  feet  broad. 
Walnut  street  and  King  street  to  the  northward  of  Second 
street  and  Market  street  at  sixty-five  feet  six  inches  broad; 
French  street  at  seventy-three  feet  six  inches  broad;  King^ 
street  to  the  southward  of  Second  street  at  thirty-three  feet 
broad;  Thorn  street  at  forty-five  feet  broad;  Orange  street  at 
forty-nine  feet  six  inches  broad,  and  all  the  other  streets  ex- 
tending southward  and  northward,  to  wit :  Shipley  street, 
Tatnall  street.  West  street.  Pasture  street  and  Justison  street 
at  forty-nine  feet  broad.  Which  said  resurvey  was  by  order 
of  the  Burgesses  and  assistants  signed  by  John  Stapler,  Es- 
quire, Griffith  Minshall  and  William  Poole,  gentlemen,  and 
was  afterwards  confirmed  by  an  Act  of  General  Assembly  of 
this  government,  passed  the  thirteenth  day  of  June,  Anno 
Domini,  one  thousand  seven  hundred  and  seventy-two.  Not- 
withstanding which,  and  the  constant  care  of  the  Regulators 
or  Surveyors  of  the  said  streets  to  prevent  it,  divers  persons 
have  made  encroachments  on  the  said  streets  by  including 
some  parts  thereof  within  their  enclosures  to  the  evil  example 
of  others. 


_     ^.       ^  Be  it  enacted  and  ordained,  bv  the  authoritv  aforesaid, 

Erection  of  .  j, 

fences.  that  any  person  or  persons  intending  at  any  time  hereafter  to 

erect  any  fence  or  fences  on  any  of  the  streets  or  public  high- 
ways within  this  borough,  before  such  fence  shall  be  put  up, 
he,  she  or  they  shall  apply  to  one  of  the  Regulators  or  Survey- 
direct  where  ors  f or  the  time  being,  and  take  his  direction  where  to  set  said 

fence  shall  "' 

be  set.  fence,  and  set  the  same  accordingly,  and  for  refusing  or  neg- 

lecting so  to  do  for  every  such  ofit'ence,  forfeit  and  pay  any 
,,   ,       sum  not  exceeding  fiftv  pounds,  at  the  discretion  of  the  Bur- 

Penalty  for  g  ^     t-  > 

violation.       gesses  for  the  time  being  or  either  of  them,  to  be  collected  and 
recovered  as  aforesaid. 
Passed  May  9,  1780. 


1.     Changed  south  of  Second  street  to  65  feet  6  inches  broad,  August 

6th,  1866. 


ORDINANCES.  935 

^AX  ORDINANCE  regulating  the  width  of  streets  in  the  City  2ug"f6"T894 
of  Wilmington. 

Be  it  ordained,  by  the  Mayor  and  Council  of  Wilmington. 

Section  1.    That  from  and  after  the  passage  of  this  ordi-  no  street 
nance  no  street  hereafter  to  be  opened  shall  be  accepted  or  placed  upon 
placed  upon  the  plans  of  the  City  of  Wilmington  that  is  less  city^thaus' 
than  forty  feet  in  width,  and  in  no  case  shall  a  street  be  ac- 1^  \^^^  **^ 
cepted  or  placed  upon  the  plans  of  said  city  unless  it  shall  run  '^''^t^- 
from  one  public  street  to  another  in  a  straight  line. 

Sec.  2.     It  shall  be  unlawful  for  the  Building  Inspector  ^^^^^^^^ 
or  the  Department  of  Engineering  and  Surveying  either  to  l^r  Building 

^  o  D  '  .  Inspector  to 

issue  or  cause  to  be  issued  any  permit  for  the  erection  of  any  permit  the 

"^    '-  _  _         erection  of 

building  or  buildings,  or  to  survey,  or  give  lines,  or  authorize,  buildings. 

or  permit  the  erection  of  any  building  or  buildings  fronting 

on  any  street  unless  said  street  shall  be  of  not  less  than  forty 

feet  in  width,  as  provided  in  Section  1  of  this  ordinance,  or  on 

the  city  plan,  and  all  of  said  streets  shall  be  continuous  and 

run  in  a  straight  line  from  one  public  street  to  another. 

All  ordinances  or  parts  of  ordinances  inconsistent  with 
the  provisions  of  this  ordinance  are  hereby  repealed. 


AN  ORDINANCE  to  establish  the  regulation  of  the  asceiits 
and  descents  of  the  streets,  lanes  and  alleys  within  the 
Borough  of  Wilmington,  and  for  other  purposes.^ 

Whereas,  By  an  Act  of  the  General  Assembly  of  the 
State  of  Delaware,  passed  in  the  year  seventeen  hundred  and 
ninety-nine,  entitled,  "An  Act  for  the  better  regulation  of  the 
Borough  of  Wilmington,"  amongst  other  things  it  is  provided 
"that  it  shall  and  may  be  lawful  for  the  Burgesses  and  as- 
sistants of  said  Borough,  and  they  are  hereby  authorized  and 
empowered,  when  in  their  discretion  they  shall  deem  it  proper 


1.  See  Act  of  April  20,  1887,  IS  D.  L.  p,  352  for  powers  of  Street  and 
Sewer  Department,  on  p.  224  this  volume. 

2.  This  ordinance  is  printed  for  reference,  although  some  of  its  pro- 
visions have  been  changed  or  are  obsolete.  It  is  the  ordinance  referred  to 
in  Sec.  124  of  the  Charter. 


3  D.  L.  56. 


936 


ORDINANCES. 


See  Act  Jan. 
24,  1801,  3  D. 
L.  160-167. 
Act  of  Jan. 
23,  1806,  4  D. 
L.  8. 


and  right  so  to  do,  from  time  to  time,  on  application  of  any 
five  resident  freeholders  of  the  said  Borough,  to  issue  their 
precept  to  any  suitable  person  or  persons,  authorizing  him  or 
them  to  cause  the  footways  and  gutters  of  any  street,  lane  or 
alley  of  the  said  Borough,  as  applied  for,  to  be  paved  with 
brielvs  or  stones,  as  the  case  may  require,  and  to  fix  plank  or 
curb  stones  to  prevent  the  same  from  being  injured  by  car- 
riages, agreeably  to  the  true  regulation  of  the  streets,  lanes 
and  alleys  of  the  said  Borough ; ' '  and 

Whereas,  No  regulation  of  the  said  streets,  lanes  and  al- 
leys of  the  said  Borough  hath  as  yet  been  established,  shewing 
the  ascents  and  descents  of  the  said  streets,  lanes  and  alleys, 
and  the  relative  situation  thereof  one  with  another,  whereby 
the  provisions  in  the  aforesaid  recited  act  cannot  be  legally 
performed  or  complied  with ;  and 

Whereas,  The  regulators  of  the  streets,  etc.,  for  the  time 
being,  have  exhibited  a  ground  plan  of  the  said  Borough,  not- 
ing the  degrees  of  ascent  and  descent  of  the  several  streets, 
lanes  and  alleys,  and  the  relative  situation  of  each  of  them ; 
which  plan  and  regulation  being  examined  and  maturely  con- 
sidered by  the  present  Burgesses  and  assistants,  and  by  them 
approved : 


Regulation 
of  streets. 


Plan. 


Section  1.  Therefore,  he  it  ordained,  by  the  freemen, 
resident  inhabitants  of  the  Borough  of  Wilmington,  in  general 
town  meeting  legally  called  and  met ;  that  from  and  after  the 
passing  of  this  ordinance,  the  aforesaid  regulation  of  the 
streets,  etc.,  beginning  at  a  large  stone  in  the  centre  of  Market 
and  Chestnut  streets  and  from  thence  to  the  centres  of  the  sev- 
eral streets,  etc.,  where  they  cross  each  other  at  right  angles, 
showing  the  degrees  of  elevation  and  descent  of  the  several 
streets,  etc.,  and  their  relative  situation  to  each  other,  a  plan 
whereof,  together  with  explanatory  notes  of  the  particular  as- 
cents and  descents  of  the  several  streets,  etc.,  from  the  said 
large  stone  in  jMarket  and  Chestnut  streets,  is  deposited  in  the 
archives  of  this  borough,  and  a  copy  of  the  aforesaid  explana- 
tory note  is  attached  to  this  ordinance,  the  same  shall  be  and 
is  herebv  declared  to  be  the  true  regulation  of  the  streets,  lanes 


ORDINANCES.  937 

and  alley's  of  the  Borough  of  Wihnington,  and  at  all  times 
hereafter  shall  be  deemed  and  taken  as  such. 

Sec.  2.    And  he  it  ordained,  by  the  authority  aforesaid,  Footways 

and  pave- 
that  the  footways  and  pavements  or  the  several  streets,  lanes  ments, 

and  alleys  within  the  city  shall  be,  when  paved,  of  the  follow- 
ing width  from  the  true  range  and  extreme  limits  of  each 
street  to  the  outside  of  the  curb,  that  is  to  say :    King  street  King  street 

widened 

from  the  south  side  of  Second  street.  Wood  street  and  Water  see  ordi- 
street,  shall  have  their  pavements  of  the  Avidth  of  six  feet  and  Aug.  i6,  isee. 
no  more ;  and  all  those  streets,  lanes  or  alleys  which  are  forty-  ^°nth) 
nine  feet  in  width  shall  have  their  pavements  twelve  feet  wide  'ene^land'ex- 
and  no  more ;  and  all  those  streets,  lanes  and  alleys  which  are  ordfnan^es 
of  a  greater  width  than  forty-nine  feet  shall  have  their  pave-  ilei^anl^' 
ments  twelve  feet  and  nine  inches  wide  and  no  more,  except  on  J^"^ "- 1^*^*^- 
High  street  from  Market  street  to  Pasture  street,  the  pavement 
w^hereof  shall  be  twelve  feet  wide  and  no  more,  in  order  to  ac- 
commodate the  Market  House  whenever  it  may  be  necessary  to 
extend  it ;  and  all  footways  and  pavements,  twelve  feet  wide 
and  upwards,  shall  ascend  from  the  curbstone  to  the  true 
building  line  at  the  ratio  of  half  an  inch  to  each  foot  and  no 
more. 

Sec.  3.     And  he  it  further  ordained,  that  the  bottom  of  Bottom  of 

.     _  '  ...  gutters. 

the  gutters  in  all  the  streets,  lanes  and  alleys  within  this  bor-  „^.  ,^,    ^ 

^  .  Width  of. 

ough,  of  forty-nine  and  a  half  feet  wide  and  under,  shall  be 
ten  inches  below  the  centre  of  said  streets,  lanes  and  alleys; 
and  that  the  bottom  of  the  gutters  in  all  the  streets,  lanes  and 
alleys  within  the  said  borough,  which  exceed  fortj^-nine  feet 
and  six  inches  in  width,  shall  be  twelve  inches  below  the  centre 
of  said  streets,  etc.,  and  no  more;  provided,  that  this  rule  be 
not  considered  to  be  rigidly  observed  in  the  several  streets 
running  easterly  and  westerly  which  are  necessarily  by  the 
plan  of  regulation  higher  on  one  side  than  the  other,  but  that 
the  regailators  for  the  time  being  be  enjoined  to  conform  to  it 
as  nearly  as  circumstances  may  admit. 

Sec.  4.    And  he  it  further  ordained,  by  the   authority  curbs  to 
aforesaid,  that  the  curbs  of  wood  or  stones  placed  to  support  ways  from  " 
the  edges  of  footways,  or  pavements  from  the  gutters,  and  to  °^^''^^^®^- 


938  ORDINANCES. 

protect  the  same  from  carriages,  etc.,  in  the  several  streets  lead- 
ing from  Chestnut  street  to  High  street,  shall  be  of  the  height 
of  eight  inches  from  the  bottom  of  the  gutters,  and  in  the  same 
streets,  from  High  street  to  Water  street,  the  curbs  shall  be  of 
cm-Ws!*  ^^  ^^6  height  of  ten  inches  from  the  bottom  of  the  gutters  and  no 
more ;  and  all  the  streets  running  at  right  angles  and  crossing 
the  aforesaid  streets  leading  from  Chestnut  to  Water  street, 
shall  have  their  curbs  elevated  six  inches  above  the  bottom  of 
the  gutter  and  no  more. 

Size  of  Sec.  5.     No  stoop,  porch  («)  or  steps  (^)  to  ascend  into 

porches  any  building  now  erected,  or  hereafter  to  be  erected,  adjoining 

stGps  cirici 

cellar  doors,  any  of  the  streets,  lanes  or  alleys  of  this  borough,  nor  any 
doors  or  other  inlets  into  cellars  now  erected,  or  hereafter  to 
be  erected,  shall  extend  further  from  the  front  or  line  of  build- 
ing and  erecting  houses  than  three  feet  and  three  inches  on 
Water  street.  Wood  street  and  King  street,  to  the  south  side 
of  Second  street ;  and  in  all  other  streets,  lanes  and  alleys  with- 
in this  borough,  the  said  steps,  porches,  cellar  doors  (^)  or 
other  inlets  to  the  respective  buildings  thereon  erected,  or  here- 
after to  be  erected,  shall  not  extend  on  the  pavements  from  the 
true  line  for  building  further  than  four  feet. 

(a)  The  resolution  of  the  Street  and  Sewer  Department,  passed  Feb- 
ruary 28th,  1893,  did  not  repeal  this  section,  because  the  resolution  at- 
tempting the  rejjeal  was  not  passed  in  conformity  with  Section  30  of  the 
Charter. 

Mayor  and  Council  of  Wil.  vs.  McNabb  (1906),  Munic.  Ct.  Decision 
final. 

(b)  A  property  owner  is  not  liable  to  one  who  may  be  injured  by 
running  into,  or  falling  over,  door-steps  within  the  limitations  of  the  Ordi- 
nance. 

Lore,  C.  J.:  " The  pavement  or  footways  from  building  line  to  curb 
are  usually  appropriated  to  foot  passengers.  The  whole 
width  of  that  footway  is  for  their  use,  subject  only  to  such  limitations-  as 
the  city  government  and  State  law  may  j^rescribe.  Such  as  the  right  of 
owners  or  occupiers  of  abutting  properties  to  place  thereon  *  *  door- 
steps running  out  a  certain  distance  into  the  pavement,  for  the  purpose 
of  ascent  or  descent  into  the  dwellings  or  buildings  thereon, ' '  &c.  ' '  Some 
of  these,  like  doorsteps  *  *  are  permanent  and  so  obvious,  that  any 
danger  therefrom  is  manifest,  and  every  one  is  bound  to  take  notice  of 
them  at  his  peril. ' ' 

Louth  vs.  Thompson,  1  Penn.  149  at  156.   (yr.  1897) 
The  same  law  ajuilies  to  stepping  stones,  hitching  posts  and  awning 
posts. 

(c)  Lore,  C.  J.:     One  has  "a  right  to  open  his  cellar  doors  and  to 

keep  them  open,  so  as  to  meet  the  reasonable  con- 


ORDINANCES.  939 

venienee  and  necessities  of  his  business,  but  he"  has  "no  right  to  leave 
them  open  and  exposed  while  they  were  not  so  in  use,  -without  proper  pro- 
tection and  warning  to  persons  traveling  on  the  sidewalk.  (157)  *  * 
The  mere  fact  that  the  accident  happened,  or  that  the  cellar  door  was  open, 
are  not  in  themselves,  evidence  of  negligence,  but  it  would  be  negligence 
if  it  was  left  ojaen  and  unprotected  to  the  danger  of  the  lawful  foot 
traveler. ' ' 

Louth  vs.  Thompson,  1  Penn.  149  at  158.   (yr.  1897) 

Passed  May  10,  1800. 


AX  ORDIXAXCE  to  estahlish  and  confirm  a  plan  of  divers 
new  streets  in  the  Borough  of  ^Yilmi)lgton,  now  laid  out 
and  planned  hy  the  regulators  of  this  borough,  under  the 
direction  of  a  committee  appointed  hy  the  Burgesses  and 
assistants  of  the  corporation,  together  with  an  extension 
of  sundry  old  streets  in  the  said  borough. 

##*#*#*#**  See  Act  of 

General  As- 
...  .       .  sembly,  1772. 

Whereas,  A  considerable  portion  of  the  lands  witlim  the  preamble, 
limits  of  this  borough  have  hitherto  had  no  streets  laid  out  or 
extended  through  them,  and  it  being  considered  of  import- 
ance to  the  owners  of  such  lands  (especially  those  who  may 
now  or  soon  incline  to  build  and  improve  their  said  lands) 
that  they  should  know  where  and  in  what  manner  all  and  any 
street  will  in  future  be  likely  to  pass  through  or  intersect  each 
other  in  their  respective  lands,  for  the  purpose  whereof  the 
present  regulators  of  the  streets,  etc.,  in  this  borough,  have  by 
the  direction  of  the  Burgesses  and  other  officers  of  the  cor- 
poration, made  a  plan  of  the  said  borough,  exhibiting  all  the 
public  streets  that  are  actually  opened  and  occupied  as  such 
in  the  said  borough,  and  as  well  divers  new  streets  by  them 
now  laid  out,  together  also  with  the  extension  of  a  number  of 
the  old  streets,  and  have  exhibited  the  said  plan  for  the  con- 
sideration of  the  citizens,  of  this  borough,  and  which  has  been 
by  them  approved; 

Therefore  be  it  ordained,  \)\  the  freemen,  resident  inhabi- 
tants of  the  Borough  of  Wilmington,  in  general  town's  meet- ^®^  ^*^®®*^' 
ing  legally  called  and  assembled,  that  from  and  after  the  pass- 


940 


ORDINANCES. 


Plan. 


ing  of  this  ordinance,  the  aforesaid  new  streets,  together  with 
the  extensions  of  the  former  streets,  so  laid  out  as  aforesaid, 
and  now  exhibited  as  above  mentioned  (a  plan  whereof,  with 
the  explanatory  notes,  is  deposited  in  the  archives  of  this  bor- 
ough, and  a  copy  of  the  said  explanatory  notes  is  attached  to 
this  ordinance),  shall  be  and  is  hereby  declared  to  be  the  true 
plan  of  the  aforesaid  new  streets,  and  of  the  extensions  of  the 
former  streets  in  the  said  Borough  of  Wilmington,  so  far  as 
they  are  laid  out,  or  extended  and  exhibited  on  the  aforesaid 
plan,  and  shall  at  all  times  hereafter  be  deemed  and  taken  as 
such. 

Passed  at  Town  Hall,  1st  mo.  21st,  1805. 


Note  1. — The  following  is  a  list  of  the  streets  referred  to 
in  the  above  ordinance  and  designated  on  the  plan  mentioned 
therein,  with  the  distances  of  the  streets  from  each  other  and 
from  the  ancient  streets. 


Jefferson 
street. 


Jefferson  street,  at  50  feet  in  breadth,  laid  parallel  to  and 
at  the  distance  of  300  feet  from  Pasture  street  at  49  feet  wide. 


Madison 
street. 


Madison  street,  at  50  feet  in  breadth,  kid  parallel  to  and 
at  the  distance  of  300  feet  from  Jefferson  street. 


Dickinson 
street. 


Dickinson  street,  at  50  feet  wide,  laid  parallel  to  and  at 
the  distance  of  300  feet,  3  inches  from  Elizabeth  street. 


Franklin 
street. 


Franklin  street,  at  50  feet  wide,  parallel  to  and  at  the 

distance  of  299  feet,  9  inches  from  Dickinson  street,  

from  Washington  street  which  runs  parallel  thereto,  and  is  50 
feet  in  breadth. 


Poplar 
street. 


Poplar  street,  50  feet  in  breadth,  extending  from  Chris- 
tiana to  Brandywine,  laid  parallel  to,  at  the  distance  of  342 
feet  from  Walnut  street  at  65  feet,  6  inches  wide. 


Lombard 
street. 


Lombard  street,  at  50  feet  wide,  laid  parallel  to  and  at 
the  distance  of  300  feet  from  Poplar  street. 


ORDINANCES.  941 

Pine  street,  at  50  feet  wide,  laid  parallel  to  and  at  the  ^^"^  street. 
distance  of  300  feet  from  Lombard  street. 

Spruce  street,  at  50  feet  wide,  laid  parallel  to  and  at  the  spruce 

street. 

distance  of  335  feet  10  inches  from  Pine  street. 

Church  street,  at  50  feet  wide,  laid  parallel  to  and  at  the  church 
distance  of  335  feet  10  inches  and  a  half  from  Spruce  street. 

Dock  street,  at  fifty  feet  wide,  laid  parallel  to  and  at  the  j^^^j^  street. 
distance  of  278  feet  from  Front  street,  at  60  feet  wide,  and  ex-  i3^'L.i45.r 
tending  from  Orange  street  to  Newport  road. 

Wood  street,  extended  in  breadth  from  33  f§et  wide  to  19  wood  street. 
feet  in  breadth. 

Front,  Second,  Third,  High,  Queen,  Hanover,  Broad,  Streets. 
Kent,  Wood,  Chestnut,  Elizabeth,  Washington,  Stidham,  and 
Mill  streets  extended  to  the  northwest  line  of  the  borough. 
The  same,  as  well  as  the  new  streets  running  parallel  thereto, 
all  extended  to  the  southeastward  to  Christiana,  to  Church 
street  and  to  Brandj'wine  creek. 

Note  2. — Up  to  December  31st,  1835,  the  streets  crossing  Names  of 

■^  '  '  cross  streets. 

the  city  from  east  to  west,  north  of  Third  street,  were  named 
in  the  order  herein  stated,  to  wit:     High,  Queen,  Hanover, 
Broad,  Kent,  Wood,  Chestnut,  Elizabeth,  Dickinson,  Franklin, 
Washington,  Stidham  and  jNIill  street.     At  that  date  by  ordi-  ^jf^||^j  j^^^ 
nance  the  names  of  the  streets  aforesaid,  except  Mill  street,  3i,  i835. 
were  changed  as  follows,  to  wit :  High  was  changed  to  Fourth, 
Queen  to  Fifth,  Hanover  to  Sixth,  Broad  to  Seventh,  Kent  to 
Eighth,  Wood  to  Ninth,  Chestnut  to  Tenth,  Elizabeth  to  Elev- 
enth, Dickinson  to  Twelfth,  Franklin  to  Thirteenth,  Washing- 
ton to  Fourteenth,  Stidham  to  Fifteenth;  and  by  ordinance  of  j^j^  oq  isco. 
July  26th,  1860,  Mill  street  was  changed  to  Sixteenth  street; 
and  by  ordinance  of  July  21th,  1862,  Franklin  street,  between  July  24.  is62. 
Front  and  Second  streets,  and  between  Jefferson  and  Madison 
streets,  was  changed  to  Christiana  street. 


942  ORDINANCES. 

AN  ORDINANCE  for  fixing  and  estahlishing  the  ascent  and 
descents  of  Market  street  from  Chestnut  street  to  Wash- 
ington street,  and  for  fixing  and  estaMishing  the  distance 
from  the  centre  of  Chestnut  to  the  centre  of  Elizabeth. 

Section  i.  ******** 

And  he  it  further  ordained,  That  from  and  after  the  pas- 
sage of  this  ordinance  the  overplus  or  gain  in  distance  of  four 
feet  six  inches,  discovered  upon  exact  measurement  of  the 
square  from  the  centre  of  Chestnut  street  to  the  centre  of 
Elizabeth  street  in  IMarket  street,  be  and  the  same  is  hereby  at- 
tached to  the  former  measurement  of  said  square,  and  that  the 
from  Tenth    distance  from  the  centre  of  Chestnut  street  to  the  centre  of 

str66t  to  "^ 

Eleventh  Elizabeth  street  is  and  hereafter  shall  be  three  hundred  and 
twenty-nine  feet  eleven  inches,  any  ordinance  heretofore 
passed  to  the  contrary  notwithstanding. 

Passed  at  Town  Hall,  I\Iarch  2.  1812. 


street. 


■  AN  ORDINANCE  to  change  the  names  of  certain  streets  with- 
in the  city.^ 

Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil- 
mington, that  the  street  now  known  by  the  name  of  High 
street  shall  from  and  after  the  passage  of  this  ordinance  be 
styled  and  called  Fourth  street. 

That  now  called  Queen  street  shall  be  called  Fifth  street. 

That  called  Hanover  shall  be  called  Sixth. 

That  called  Broad  shall  be  called  Seventh. 

That  called  Kent  shall  be  called  Eighth. 

That  called  Wood  shall  be  called  Ninth. 

That  called  Chestnut  shall  be  called  Tenth. 

That  called  Elizabeth  shall  be  called  Eleventh. 

That  called  Dickinson  shall  be  called  Twelfth. 

That  called  Franklin  shall  be  called  Thirteenth. 


ORDINANCES.  943 

That  called  Washington  shall  be  called  Fourteenth. 
That  called  Stidham  shall  be  called  Fifteenth. 

Sec.  2.  A)id  he  it  further  ordained,  by  the  authority 
aforesaid,  that  wooden  labels  with  the  names  of  the  streets  names  of 
painted  on  them  so  as  plainly  to  be  distinguishable  shall  be  put  ^*^^'^®*^- 
up  on  at  least  two  of  the  corners  that  are  now  or  shall  here- 
after be  improved  diagonally  at  everj^  intersection  of  the  said 
streets  with  Market  street,  the  one  on  the  east  side  of  Market 
street  to  have  the  word  East  prefixed  to  the  name  of  the  cross- 
ing street,  and  that  on  the  west  side  to  have  the  word  West 
prefixed  to  the  name  of  the  crossing  street  in  like  manner. 


Sec.  3.    Be  it  ordained,  by  the  authority  aforesaid,  that  penalty  for 

removi 
labels. 


any  person  or  persons  who  shall  take  down,  remove,  deface  or  j'emovin 


in  any  manner  destroy  the  said  labels  or  boards  shall  for  every 
such  ofi'ence  forfeit  and  pay  a  fine  of  ten  dollars. 

Passed  at  City  Hall,  December  31,  1835. 


AN  ORDINANCE  to  change  the  name  of  Pasture  street  to 
Washington  street. 

Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil- 
mington, that  the  street  now  known  by  the  name  of  Pasture 
street  shall  from  and  after  the  passage  of  this  ordinance  be 
styled  and  called  Washington  street. 

Passed  at  City  Hall,  I\Iarch  12,  1846. 


AN  ORDINANCE  to  change  the  name  of  the  Kcnnett  road 
within  the  limits  of  the  city. 

Be  it  ordained,  by  the  City  Council  of  Wilmington,  that  12  d.  l.  624. 
such  portion  of  the  Kennett    road    as    extends  from  Tatnall 
street  northerly  to  the  city  line,  shall  hereafter  be  styled  and 
called  Delaware  avenue. 

Passed  at  City  Hall,  April  22,  1847. 


944 


ORDINANCES. 


Regulations 
for  excava- 
tion for  gas 
or  water 
pipes. 


Regulations 
respecting 
pavements 
taken  up. 


Violations. 


Penalty. 


Street  Com- 
missioner 
to  report 
violations. 


AN  ORDINANCE  defining  the  duties  of  the  Superintendent 
of  the  Water  Works,  and  of  the  Gas  Company,  or  the  Su- 
perintendents or  Agents  of  the  latter. 

Section  1.  From  and  after  the  passage  of  this  ordinance, 
it  shall  be  the  duty  of  the  superintendent  of  the  water  works, 
or  the  superintendents  or  agents  of  the  gas  company^  in  mak- 
ing any  excavation  in  the  streets,  lanes  or  alleys  of  the  city,  for 
the  purpose  of  laying  down  water  or  gas  pipes,  to  replace  the 
earth  by  ramming,  («)  or  by  introducing  water,  or  by  both,  so 
as  to  make  it  as  solid  and  firm  and  as  secure  to  travel  over  as 
the  adjacent  part  of  said  street,  lane  or  alley. 

(a)  The  city  should  see  that  the  street  beds  are  proj^erly  rammed,  or 
it  will  be  liable  in  damages  to  one  injured  by  default  thereof.  See  the 
cases  of 

Kent  vs.  Mayor  and  Council  Wil.,  7  Houst.,  p.  397  at  398.  (yr.  1886) 
and 

Schelich  vs.  Mayor  and  Council  Wil.,  1  Boyce,  p.  57.   (yr.  1909) 

Sec.  2.  When  any  excavation  is  made  for  the  purpose 
mentioned  in  the  first  section  of  this  ordinance  in  any  street, 
lane  or  alley  which  may  be  paved,  or  across  any  paved  foot- 
way within  the  limits  of  the  eitj',  it  shall  be  the  duty  of  the 
superintendent  of  the  water  works  or  the  superintendents  or 
agents  of  the  gas  company,  as  the  case  may  be,  to  cause  the 
earth  to  be  replaced  as  soon  as  the  work  is  completed,  as  re- 
quired in  the  first  section  of  this  ordinance,  and  to  replace  the 
pavement,  whether  it  be  in  a  street,  lane  or  alley,  or  crossing 
a  footway,  in  the  same  situation  it  was  in  before  taking  up. 

Sec.  3.  For  every  violation  of  the  provisions  of  this  ordi- 
nance the  superintendent  of  the  water  w^orks,  or  the  superin- 
tendent or  agents  of  the  gas  company,  as  the  case  may  be,  shall 
forfeit  and  pay  a  fine  of  not  less  than  ten  dollars,  to  be  recov- 
ered in  the  Municipal  Court,  by  action  of  debt,  or  othenvise. 

Sec.  4.  It  shall  be  and  is  hereby  made  the  duty  of  the 
Street  Commissioner  hereafter  to  report  forthwith  to  the 
Maj'or  of  the  city  any  violation  of  the  provisions  of  this  ordi- 
nance. 

Passed  at  City  Hall,  January  13,  1848.     ' 


ORDINxVNCES.  945 

AN  ORDINANCE  relating  to  a  part  of  West  Eleventh  street. 

See  Act  va- 

Be  it  ordained  by  the  City  Council  of  Wilmington,  that  eating  a  part 

'  „  •  -,    /-H-  „  of  Eleventh 

Eleventh  street  as  laid  down  on  the  plan  of  the  said  City  o±  street  Feb. 

•  J        1  •  J.1       ^»  1851. 

Wilmington,  between  Madison  street  and  the  city  line  on  the  voi.  lo,  5io. 
west,  be  and  the  same  is  hereby  vacated ;  and  that  so  much  of 
the  ordinance,  "to  establish  and  confirm  a  plan  of  divers  new 
streets,  and  to  regulate  the  ascent  and  descents  of  the  same, ' ' 
passed  October,  1847,  as  relates  thereto  be  and  the  same  is 
hereby  repealed. 

Passed  at  City  Hall,  December  28,  1848. 


AN  ORDINANCE  relating  to  a  part  of  Monroe  street. 

Whereas,  Edward  W.  Gilpin,  by  his  memorial,  has  pre-  Preamble, 
sented  to  Council  his  intention  to  improve  his  property  on 
Delaware  avenue,  between  Madison  street  and  the  Kings  road ; 
now,  therefore,  to  make  him  so  to  do. 

Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil-  ^^^^^f ^p^^^. 
mington,  that  Monroe  street,  as  laid  down  on  the  plan  of  the  ^^^^'^^^^^ 
said  City  of  Wilmington,  between  Tenth  street  and  Delaware 
avenue,  be  and  the  same  is  hereby  vacated ;  and  that  so  much 
of  an  ordinance  entitled,  "An  ordinance  to  establish  and  con- 
firm a  plan  of  divers  new  streets  in  the  City  of  Wilmington, 
now  laid  out  and  planned  by  the  regulators  of  said  city,  to- 
gether with  the  extension  of  sundry  old  streets  in  said  city; 
also  to  regulate  the  ascents  and  descents  of  the  streets  therein 
mentioned,"  passed  September  2,  1847,  as  relates  thereto,  be 
and  the  same  is  hereby  repealed,  made  null  and  void. 

Passed  at  City  Hall,  February  6,  1851. 


AN  ORDINANCE  relating  to  part  of  Orange  street. 

Section  1.    Be  it  ordained,  by  the  City  Council  of  Wil-  fo  ^ms^  voL 
mington,  that  Orange  street,  as  laid  down  on  the  plan  of  the  ^^'  ^^^• 
said   city,  between   Fourteenth   street   and   the   Brandywine  ^t^r^ef,%art 
creek,  be  and  the  same  is  hereby  vacated,  any  law  or  ordinance  °^'  vacated. 


946 


Vacated 
Feb.  3,  1853. 
11  D.  L.  26. 

Madison 
street,  part 
of,  vacated. 


ORDINANCES. 

to  the  contrary  notwithstanding.  Provided,  nevertheless,  that 
the  said  city  hereby  expressly  reserves  to  itself  the  right  to 
have  and  maintain  for  all  time  to  come  a  sufficient  sewer,  trunk 
or  gutter  in  the  line  or  direction  of  said  Orange  street  through 
the  lands  of  Alfred  Lee,  D.  D.,  to  cany  off  the  water  from 
said  Orange  and  Fourteenth  streets  to  the  Brandywine  creek 
aforesaid. 

Passed  at  City  Hall,  July  8,  1852. 


Vacated 
Jan.  12,  1855. 
11  D.  L.  144. 


AN  ORDINANCE  vacating  part  of  Madison  street. 

Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil- 
mington, that  Madison  street,  as  laid  down  on  the  plan  of  the 
said  city,  from  Twelfth  street  to  the  line  of  the  grounds  of  the 
Wihnington  and  Brandywine  Cemetery  Company,  be  and  the 
same  is  hereby  vacated,  any  law  or  ordinance  to  the  contrary 
notwithstanding. 

Passed  at  City  Hall,  October  28,  1852. 


AN  ORDINANCE  relating  to  a  part  of  West  Tenth  street. 

Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil- 
mington, that  Tenth  street,  as  laid  down  on  the  plan  of  the 
City  of  Wilmington,  between  Tatnall  and  West  streets,  be  and 
the  same  is  hereby  vacated,  and  that  so  much  of  the  ordinance, 
"to  establish  and  confirm  a  plan  of  divers  new  streets,  etc.,  to 
regulate  the  ascents  and  descents  of  the  same,"  passed  Octo- 
ber, 1847,  as  relates  thereto,  be  and  the  same  is  hereby  re- 
pealed, made  null  and  void. 

Passed  at  City  Hall.  June  23,  1853. 


AN  ORDINANCE  vacating  Washington  street  between  Front 
street  and  the  Philadelphia,  Wilmington  and  Baltimore 
Railroad. 


Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil- 
mington, that  Washington  street  as  laid  down  on  the  plan  of 
the  city,  between  Front  street  and  the  Philadelphia,  Wilming- 


ORDINANCES,  947 

ton  and  Baltimore  Railroad,  be  and  the  same  is  hereby  vacated, 
any  ordinance  to  the  contrary  notwithstanding;  provided, 
nevertheless,  that  the  right  and  power  is  reserved  to  the  said  Proviso, 
citj^  of  constructing  and  maintaining  through  and  across  said 
portion  of  Washington  street  hereby  vacated,  and  in  the  direc- 
tion of  said  street,  a  sewer,  trunk  or  gutter  sufficient  to  carry 
off  the  water  of  the  said  Washing-ton  street,  or  the  water  that 
may  accumulate  at  the  intersection  of  Washington  street  with 
Front  street. 

Passed  at  City  Hall,  October  30,  1854. 


AN  ORDINANCE  to  alter  the  name  of  Mill  street  in  this  city. 

Section  1.  Be  it  ordained,  by  the  City  Council  of  Wil- 
mington, that  the  street  now  known  by  the  name  of  "Mill 
street"  shall  from  and  after  the  passage  of  this  ordinance  be 
styled  and  called  Sixteenth  street,  and  that  the  labels  now 
marking  said  street  shall  be  changed  accordingly. 

Passed  at  City  Hall,  July  26,  1860. 


AN  ORDINANCE  to  establish  and  confirm  a  plan  of  divers 
new  streets  in  the  City  of  Wilmington,  including  Broome 
street,  and  streets  west  of  Broome  street,  and  other  new 
streets  south  of  Dock  street,  and  also  to  change  the  name 
of  Franklin  street. 

Section  1.  ******** 

Sec   2         ********* 
Sec.  3.    And  that  a  small  street  between  Front  and  Sec- 


Christiana 


ond  streets,  and  running  from  Jefferson  street  to  Madison  street 
street,  now  known  as  Franklin  street,  shall  hereafter  be  styled 
Christiana  street. 

Passed  at  City  Hall,  July  24,  1862. 


948  ORDINANCES. 

AN  ORDINANCE  to  widen  Ninth  street,  hetiveen  Market  and 
Shipley  streets. 

Section  1.  Be  it  ordained,  by  the  City  Council  of  AVil- 
mington,  that  Ninth  street,  between  Market  and  Shipley 
streets,  be  widened  to  the  same  width  as  said  Ninth  street  is 
east  of  Market  street. 

Passed  at  City  Hall,  June  7,  1866. 


AN  ORDINANCE  for  widening  of  King  street,  between  Sec- 
ond street  and  the  Christiana  river. 

Section  1.  That  hereafter  King  street,  from  Second 
street  to  the  Christiana  river,  shall  be  the  same  width,  and  the 
building  lines  of  the  same  shall  be  in  a  straight  line  with  King 
street  above  Second  street. 

Passed  at  City  Hall,  August  16,  1866. 


Interfering 


AN  ORDINANCE  to  protect  the  street  pavers  from  annoy- 
ance hy  removing  protection  poles  tvhen  placed  across  any 
street  while  there  are  public  improvements  going  on. 

Section  1.  A  fine  of  five  dollars  shall  be  imposed  on  any 
^on  poies^°"  Psi'son  or  persons  who  may  interfere  with  or  displace  any  pro- 
tection poles  placed  at  the  end  of  streets,  or  any  other  place, 
that  persons  performing  public  work  for  the  City  of  Wilming- 
ton may  erect  while  such  public  work  is  being  done. 

Passed  at  City  Hall,  June  4,  1869. 


AN  ORDINANCE  relating  to  a  part  of  Fifth  street. 
■D    <.  *T^«i,  Section  1.    Be  it  ordained,  by  the  Council  of  Wilming- 

Part  of  Fifth  >      J  => 

street  va-  ton,  that  Fifth  street  as  laid  down  on  the  plan  of  the  city,  be- 
tween the  Philadelphia,  Wilmington  and  Baltimore  Railroad 
and  low  water  mark  on  the  Christiana  river,  be  and  the  same 
is  hereby  vacated,  any  law  or  ordinance  to  the  contrary  not- 
withstanding; provided,  nevertheless,  that  the  city  hereby  ex- 
serves^cer-  pi'.essly  rcscrve  to  itself  the  right  to  have,  open,  lay,  construct, 
tain  rights,     maintain,  cleanse  and  repair  a  sufficient  sewer,  drain,  trunk 


ORDINANCES.  949 

or  gutter  in  the  line  or  direction  of  said  Fifth  street  through 
the  lands  of  owners  of  said  part  of  Fifth  street  hereby  vacated. 

Sec.  2.    And  he  it  further  ordained,  That  the  General  As-  See  14  d.  l. 
sembly  of  Delaware  be  and  the  same  is  hereby  respectiully  re- 
quested to  pass  at  its  present  session  an  Act  confirming  and 
establishing  the  first  section  of  this  ordinance. 

Passed  at  City  Hall,  March  7,  1873. 


AN  ORDINANCE  vacating  parts  of  Walnut,  Spruce  and  Sec- 
ond streets. 

Section  1.    That  Walnut  street,  between  Front  street  and  ^ainutf 
Water   street.    Spruce   street,   between   Robinson   street   and  |^Ji®uce 
Front  street,    and   Second  street,   between   Pine   street   and  lecondstreet 
Church  street,  as  the  same  are  laid  down  on  the  plan  of  said  'vacated, 
city,'  be  and  the  same  are  hereby  vacated,  any  law  or  ordinance 
to  the  contrary  notwithstanding,  to  and  for  the  following  in- 
tent, use  and  purposes,  to  wit:  the  occupation  and  erection 
thereon  by  the  Philadelphia,  Wilmington  and  Baltimore  Rail-  bI^r^r.^o.*^ 
road  Company  of  a  suitable  building  or  buildings  for  a  depot,  pot  thereon, 
round-house  and  other  purposes  incident  to  and  necessary  for 
the  accommodation  of  said  Philadelphia,  Wilmington  and  Bal- 
timore Railroad  Company  in  this  city. 

Passed  at  City  Hall,  February  15,  1877. 


AN  ORDINANCE  providing  for  the  placing  of  danger  signals  j^^^^^j.  gjg. 
and  safeguards  upon  the  streets  of  this  city.  sTr^ts 

Section  1.    That  from  and  after  the  passage  of  this  ordi-  vations  are 
nance  all  contractors  and  builders  who  shall  have  received  per-  in. 
mission  to  make  excavations    on    any    portion  of  the  public  stTe°et^and' 
streets,  shall  place  at  each  end     *     *     *     *     excavation  a  red  ^1^^"^^^' 
lantern^  plainly  exposed  as  a  danger  signal,  [said  red  lantern  ^^op^tge<:iJuiy 
to  be  lighted  and  kept  burning]  from  sunset  to  sunrise,  and  inf'"^- 

Red  lantern 
at  nig-ht. 

1.  See  Resolution  of  Street  and  Sewer  Department  passed  Feb.  1, 
1898,  p.  1002  of  this  volume.  See  also  Sec.  34  of  Resolution  of  March  26, 
1901,  p.  1052  of  this  volume. 


950 


ORDINANCES. 


Ordinance 
Nov.  2,  1882. 


Duty  of  the 
Street  Com- 
missioner 
to  enforce 
this  ordi- 
nance. 


Penalty  for 
violation. 


shall  further  surround  and  enclose  such  *  *  *  *  exca- 
vations with  proper  safeguards  so  that  the  same  shall  be  secure 
from  accident.  («)  [And  it  shall  be  the  duty  of  the  Street 
Commissioner,  upon  information,  being  given  him  by  any  re- 
liable person,  that  any  such  builder  or  contractor  has  neg- 
lected or  refused  to  place  such  danger  signals  and  safeguards 
where  the  ordinance  requires  the  same  to  be  placed  by  such 
builder  or  contractor,  to  without  delay  notify  such  builder  or 
contractor  to  immediately  comply  with  the  full  requirements 
of  this  ordinance ;  and  in  the  event  of  a  further  failure  or  neg- 
lect of  any  such  builder  or  contractor  to  comply  with  the  pro- 
visions of  this  ordinance,  after  having  received  due  notice 
from  the  Street  Commissioner  as  aforesaid,  it  shall  be  the  duty 
of  the  Street  Commissioner  to  lodge  information  of  such  viola- 
tion against  the  party  who  has  violated  the  provisions  of  this 
ordinance  without  delay  to  the  Municipal  Court  of  the  city, 
whose  duty  it  shall  be  to  bring  the  party  so  complained  of  for 
the  violation  of  the  provisions  of  this  ordinance,  and  upon  con- 
viction, the  party  so  offending  shall  forfeit  and  pay  a  fine  of 
ten  dollars.]   (*) 

(a)  See  the  reference  made  to  this  ordinance  by  the  attorney  in  the 
case  of 

Kent  vs.  Mayor  and  Council  Wil.,  7  Houst.  397  at  398.  (yr.  1886) 

(6)  The  city,  however,  should  endeavor  to  see  that  contractors  com- 
ply with  the  ordinance,  and  take  bonds  of  indemnity  from  them  to  pro- 
tect the  city  in  case  of  damage  suits;  for,  in  case  of  injuries  received 
through  the  negligence  of  the  contractor  the  city  would  be  liable,  though 
it  could  look  to  the  contractor  afterwards. 

(See  p.  979  of  this  volume.) 

Sec.  2.    All  ordinances  and  parts  of  ordinances  inconsist- 
ent herewith  are  hereby  repealed. 

Passed  at  City  Hall,  March  24,  1882. 


Laid  out  50 
feet  wide 
from  Adams 
to  Jackson 
street. 


AN  ORDINANCE  to  locate  and  estailish  Haslet  street. 

Section  1.  That  Haslet  street  shall  be  fifty  feet  (50  ft.) 
wide,  and  extend  from  Adams  to  Jackson  street ;  that  the  cen- 
ter line  of  [Haslet]  street  shall  be  two  hundred  and  fifty- 
seven  feet  two  and  seven-eighths  inches  (257  ft.  2|-  in.)  from 
the  centre  line  of  Delaware  avenue,  measured  on  the  centre 


ORDINANCES.  951 

line  of  Adams  street;  and  two  hundred  and  eighty-six  feet 
seven  inches  and  twenty-nine  thirty-seconds  of  an  inch  (286 
ft.  7  29-32  in.)  measured  on  the  centre  line  of  Jackson  street, 
from  the  said  centre  line  of  Delaware  avenue. 

Sec.  2.     That  all  ordinances  and  parts  of  ordinances  in- 
consistent herewith  are  hereby  repealed. 

Passed  at  Citv  Hall,  October  5,  1882. 


AN  ORDINANCE  to  change  the  manner  of  spelling  the  name 
of  JSazlet  street. 

Section  1.  That  the  manner  of  spelling  Hazlet  street  be 
changed  by  striking  out  the  letter  "z"  in  the  word  Hazlet, 
and  in  lieu  of  the  letter  so  stricken  out,  the  letter  "s"  be  and 
the  same  is  hereby  inserted. 

Passed  at  City  Hall,  April  12,  1883. 


AN  ORDINANCE  for  the  protection  of  centre  stones. 

Section  1.     That  no  private  partv  or  parties  in  making  Excavations 

^  ^         "  ^  .     not  to  ap- 

excavations  for  any  purpose  whatever  in  any  street  of  this  preach  cen- 

•^    ^      ^  -^  tre  stones. 

city,  shall  come  nearer  than  one  foot  and  six  inches  (1  ft.  6 
in.)  to  the  nearest  part  of  any  centre  stone. 

Sec.  2.    That  any  party  or  parties  violating  the  provisions 
of  this  ordinance  shall  be  liable  in  the  sum  of  fifty  dollars,  to  Penalty, 
be  recovered  in  the  same  manner  as  penalties  of  like  amount 
are  now  or  hereafter  may  be  by  law  recoverable,  said  fine  to  be 
paid  into  the  city  treasury. 

Passed  at  City  Hall,  November  26,  1886. 


952 


ORDINANCES. 


CHAPTER  XIX. 

MISCELLANEOUS. 


Page    I 

1.  Regufating  Carriage  Stand  21. 
for  the   P.,    B.    &   W.   Sta-               } 
tion    953     j    22. 

2.  Regulating    Sales    of    Ice..     953 

3.  Regulating    Sales    of    Corn 
IVleal     953        23. 

4.  Regulating    the    Height   of 
Certain    Signs    954 

5.  Regulating     Auctions     and  24. 
Auctioneers    954 

6.  Regulating    the   Time   and 
IVIanner     of     Payment     of  25. 
City    Bills    957 

7.  Regulating  the  Printing  of  26. 
Private   Ordinances    958 

8.  Regulating       Licenses      to  j    27. 
Shows 959     I 

9.  Providing       Licenses       for 

Places    Exhibiting    Moving  28. 

Pictures 960     [ 

10.  Regulating      the      Storing  | 
and    Sale   of    Gunpowder..     962        29. 

11.  Prohibiting     the      Making, 
Selling,  Firing  Off,  &c.,  of 

Certain    Fireworks    964        30. 

12.  Regulating      the      Keeping 

and    Storing   of   Petroleum  | 

and    Other   Oils    966    ;    31. 

13.  Prohibiting   the    Boiling   of  j 
Tar,    &c 966    j 

14.  Prohibiting       Damage      to  |    32. 
Public  Lamps   967    j 

15.  Protection        of        Public  33. 
Lamps   968 

16.  Prohibiting       Damage      to 
Shrubbery,    &c 968 

17.  Protecting    Trees     969        34. 

18.  Prohibiting     Lottery    Poll-  , 
icy    Offices    970 

19.  Protection        of        Public- 
Drinking    Fountains    970       35. 

20.  For      the      Prevention      of 
Cruelty    to    Animals 971     j 


Page 
Providing     for     the     Muz- 
zling   of    Dogs    972 

Registration  of  Dogs  and 
Appointment         of         Dog 

Catcher    975 

Authorizing  the  Killing 
and  Removal  of  Unregis- 
tered    Dogs     977 

Providing  Contracts  for 
City    Work    in     Excess    of 

$50    978 

Providing    for   Security    of 

Contractors    979 

Preventing     the     Pollution 

of    Brandywine  Creek 980 

Providing  for  the  Pur- 
chase of  Land  for  Brandy- 
wine    Park    981 

Providing  for  the  Pur- 
chase of  Land  for  Brandy- 
wine    Park    982 

Providing  for  the  Pur- 
chase of  Land  for  Kirk- 
wood    Park    983 

Requesting    the    Mayor    to 
Execute    a     Contract    with 
the    Wilmington     Institute     984 
Providing     for     an     Addi- 
tional     Appropriation     for 

Wilmington    Library    985 

Right  of  Way  of  Am- 
bulances          986 

Directing  the  Method  of 
Making  Certain  Deposits 
by  Assessors  and  Collec- 
tors         986 

Requiring  the  City  Treas- 
urer to  Publish  State- 
ments of  the  Receipts  and 
Expenditures  of  the  City.  987 
General  Appropriation  Or- 
dinance for  Fiscal  Year  of 
1909-10    989 


ORDINANCES.  953 

AN  ORDINANCE  fixing  the  stand  for  carriages  and  horses 
attending  at  the  PhUadelpliia,  Wilmington  and  Baltimore 
Railroad.  ^ifH^lf°at 

carnages  at 
P.,  W.  &  B. 

Section  1.  The  stand  for  carriages  and  horses  attending  r.'r.  depot, 
at  the  Philadelphia,  Wilmington  and  Baltimore  Eailroad  ^f'^ayT?!''* 
within  this  city,  shall  be     *     *     *     on     *     *      [west     *     *  is87. 

*'  '  '-  Resolution  of 

French  street  from  railroad  to  the  southerly  side  of  Front  street  and 

""  Sewer  De- 

Street.l  partment, 

-*  April  20, 

1897. 

Sec.  2.  If  the  owner  or  owners  of  any  carriage  or  car- 
riages, horse  or  horses,  shall  permit  any  such  carriage  or  horse 
attending  said  road  to  stand  in  any  other  place  than  is  men- 
tioned in  the  first  section  of  this  ordinance,  he,  she  or  they  so  occupying'' 
offending,  shall  be  deemed  guilty  of  a  common  nuisance,  and  standi  ^^ 
shall  forfeit  and  pay  for  the  first  offence  the  sum  of  one  dollar, 
and  for  every  subsequent  offence  the  sum  of  two  dollars,  to  be 
recovered  before  the  [Municipal  Court.] 

Passed  at  City  Hall,  October  3,  1839. 


AN  ORDINANCE  regulating  the  sale  of  ice  by  weight. 

Section  1.    From  and  after  the  passage  of  this  ordinance  g^^jg  ^j  j^.^ 
ice  shall  be  retailed  within  this  city  bj^  weight,  and  not  less  than  ^^'  weight. 
at  the  rate  of  seventy-two  pounds  per  bushel ;  and  any  person 
or  persons  selling  or  retailing  ice  by  the  bushel  or  bushels  at  a 
weight  less  than  seventy-two  pounds  for  each  and  every  bushel, 
or  if  the  quantity  sold  be  less  than  a  bushel,  if  such  quantity 
be  not  in  the  proportion  of  seventy-two  pounds  per  bushel,  72  ibs.  to 
each  and  every  person  so  offending,  upon  conviction  thereof  '^"^'^^i- 
before  the  [Municipal  Court]  shall  forfeit  and  pay  a  fine  of  , 
one  dollar. 

Passed  at  City  Hall,  June  18,  18-46. 


AN  ORDINANCE  regulating  the  sale  of  corn  meal  by  weight. 

Section  1.    From  and  after  the  passage  of  this  ordinance  saie  of  corn 
corn  meal  shall  be  sold  or  retailed  within  this  city  by  weight,  weight" 
and  not  less  than   at   the   rate   of   forty-eight  pounds  to  the 
bushel  and  any  person  or  persons  selling  or  retailing  corn  meal 


954 


ORDINANCES. 


48  lbs.  to 
bushel. 


by  the  bushel  or  bushels,  at  a  weight  less  than  forty-eight 
pounds  for  each  and  every'  bushel,  if  such  quantity  be  not  in 
the  proportion  of  forty-eight  pounds  per  bushel,  each  and 
every  person  so  offending,  upon  conviction  before  the  [Muni- 
cipal Court]  shall  forfeit  and  pay  a  fine  of  five  dollars. 

Passed  at  City  Hall,  August  26,  1847. 


Height  of 
wires. 


Penalty. 


AN  ORDINANCE  in  relation  to  telegraph,  telephone  and  elec- 
tric light  wires. 

Section  1.  That  from  and  after  February  1st,  1886,  it 
shall  not  be  lawful  to  extend  any  telegraph,  telephone  or  elec- 
tric light  wire  over  any  public  sidewalk  or  footway  at  a  lesser 
height  than  nioe  feet  from  the  surface  thereof,  nor  over  the 
bed  of  any  street,  lane  or  public  alley  at  a  lesser  height  than 
twenty  feet  from  the  surface  thereof,  and  all  telegraph,  tele- 
phone or  electric  light  wires  now  extended  over  any  public 
sidewalk,  footway,  street,  lane  or  public  alley  at  a  lesser  dis- 
tance than  is  provided  by  this  ordinance,  shall  upon  notifica- 
tion by  the  Street  Commissioner,  immediately  cause  such  wires 
to  conform  to  the  provisions  hereof.  Any  person  refusing  or 
neglecting  to  comply  with  an,y  of  the  provisions  of  this  ordi- 
nance, shall  upon  conviction  thereof  pay  a  fine  of  one  hundred 
dollars  ($100). 

Passed  at  City  Hall,  December  31,  1885. 


AN  ORDINANCE  to  regulate  auctions  and  auctioneers. 

Clerk  of  SECTION  1.    That  any  person  or  persons  may  apply  to  the 

issue  license.  Clerk  of  the  Council  for  a  license  authorizing  him  to  sell  at 
public  sale  anywhere  within  the  corporate  limits  of  the  city, 
every  species  of  property,  and  upon  the  payment  by  him  of 
the  sum  of  one  hundred  dollars,  ($100)  («)  to  the  City  Audi- 
tir  for  the  use  of  the  city,  it  shall  be  the  duty  of  said  Clerk  and 
the  President  of  the  Council  to  issue  to  the  person  so  applying 
a  proper  license  therefor,  under  the  hand  of  the  said  President 
and  attested  by  the  said  Clerk,  to  continue  in  force  for  one 
year  from  the  date  thereof,  which  said  license  may  be  annually 


Amount  of. 


Term  of 
license. 


ORDINANCES.  955 

renewed  in  like  manner  npon  the  pavment  of  the  sum  afore-  shaii  be  re- 

^  ^    •  newea  an- 

said.  ^^^aiiy. 

(a)  NielioTson,  Ch.:  " — license  taxes  (not  dependent  upon  the  ex- 
tent of  the  individual's  business,)  and  gen- 
erally, specific  taxes  on  things  or  persons  or  occupations ' '  can  be  im- 
posed without  notice  to  the  individual. 

English  vs.  Wilmington,  2  Marv.  63  at  90,  91  and  92.   (jr.  1894) 

The  Council  shall  have  power  for  cause  deemed  sufficient  councii°to 
by  eight  members  thereof,  to  revoke  any  license  so  granted,  '"^voke. 
and  the  cause  alleged  shall  be  entered  upon  the  minutes  of  the 
Council,  and  notice  thereof,  given  to  the  auctioneer,  if  within 
the  city.    Every  license  so  granted  shall  authorize  the  person  Assistant. 
therein  named  to  sell  property  at  public  auction,  and  also  one 
other  person  who  the  auctioneer  may  select  as  his  assistant. 

Sec.  2.     That  a  license  so  granted  shall  not  authorize  an  to  have  but 

one  auction 

auctioneer  to  have  more  than  one  auction  house  at  the  same  house. 
time,  and  no  auctioneer  shall  allow  the  use  of  his  name  by  any 
other  person  than  by  his  assistant  in  order  that  such  person 
may  conduct  the  business  of  an  auctioneer,  without  obtaining 
a  proper  license  as  hereinbefore  provided,  in  either  case  under 
a  penalty  of  fifty  dollars  for  each  and  every  offence,  to  be  re- 
covered in  the  ^Municipal  Court. 

Sec.  3.  That  any  person  who  shall  gather  or  collect  goods, 
chattels,  wares  or  merchandise  in  a  store,  wareroom,  booth  or 
bazaar,  or  other  place  of  deposit  whatsoever,  either  in  his  own  what  con- 
right  or  on  consignment  from  any  other  person,  and  shall  sell  auction 
the  same  from  time  to  time  at  public  auction,  shall  be  consid-  keeper. 
ered  as  keeping  an  auction  house,  and  be  required  to  have  an 
auctioneer's  license;  but  any  person  regularly  engaged  in  any 
business,  upon  quitting  or  retiring  from  said  business,  shall 
have  the  right  to  employ  an  auctioneer  licensed  as  hereinbe- 
fore provided,  to  sell  his  stock  of  goods,  wares  and  merchan- 
dise at  public  auction;  provided,  that  no  goods,  wares  or  mer- 
chandise be  added  to  said  stock  after  the  commencement  of 
said  sales. 

Sec.  4.    That  no  auctioneer  shall  charge  on  sales  outside 
of  his  auction  room  more  than  seven  per  cent,  on  household  seiung^ 

goods. 


956 


ORDINANCES, 


Proviso. 


goods  sold,  or  more  than  ten  per  cent,  on  notions,  trimmings  or 
other  light  goods  sold  in  numerous  small  quantities ;  provided, 
that  said  commission  amounts  to  the  sum  of  five  dollars  for  a 
sale,  and  if  any  sale  the  commissions  as  aforesaid  shall  not 
amount  to  the  sum  of  five  dollars,  he  shall  be  allowed  to  charge 
the  sum  of  five  dollars  for  such  sale. 


What  con- 
stitutes a 
sale. 


A  sale  during  a  morning,  afternoon  and  evening  shall 
each  constitute  a  sale  for  which  the  auctioneer  shall  be  entitled 
to  charge  as  above  stated. 


Charges  for 
sales  of 
houses, 
lands,  etc. 


Sales  at 
auction 
room. 
Charges  for. 


For  houses,  lands,  tenements  and  vessels  he  shall  be  en- 
titled to  charge  as  follows :  On  sales  amounting  to  $500  and 
under,  the  sum  of  five  dollars ;  on  an  excess  of  $500  and  under 
$1,000  one  per  cent,  up  to  $1,000;  on  the  second  $1,000,  one- 
half  of  one  per  cent. ;  on  the  third  $1,000,  one-fourth  of  one 
per  cent. ;  and  on  every  additional  $1,000,  one-tenth  of  one 
per  cent.  On  property  offered  for  sale  and  not  sold,  the  auc- 
tioneer shall  be  entitled  to  charge  one-half  of  the  above  com- 
missions, but  not  to  exceed-  the  sum  of  ten  dollars  in  such  ease. 
On  all  sales  at  his  auction  room  the  auctioneer  may  charge  ten 
per  cent,  commission. 

The  foregoing  schedule  will  govern  auctioneer's  charges 
in  all  cases  where  there  has  been  no  special  bargain  between- 
the  auctioneer  and  the  owner  of  the  property  to  be  sold  prior 
to  the  sale,  and  the  above  commissions  shall  be  clear  of  the 
usual  expenses  of  such  sales. 


Penalty  for 
selling  with- 
out license. 
Proviso. 


Sec.  5.  That  if  any  person  not  being  a  licensed  auctioneer 
of  this  city  shall  sell  or  offer  to  sell  by  way  of  auction  or  ven- 
due within  this  city,  any  goods,  chattels,  wares  or  merchandise, 
vessels,  lands  or  tenements,  every  such  person  upon  conviction 
thereof  before  the  Municipal  Court,  shall  forfeit  and  pay  a 
fine  of  one  hundred  dollars  ($100),  and  additionally  at  the 
rate  of  one  per  cent,  of  the  amount  of  such  sale ;  provided,  that 
this  ordinance  shall  not  extend  to  executors  or  administrators 
selling  property,  real  or  personal,  of  their  testators  or  intes- 
tate§,  nor  to  officers  of  this  State,  or  county,  or  citj',  or  of  the 
United  States,  selling  property,  real  or  personal,  by  virtue  of 


ORDINANCES.  957 

legal  process,  or  in  execution  of  their  officers,  nor  to  any  sale 
made  for  taxes,  or  for  rent,  or  under  any  order  of  the  Court, 
or  by  virtue  of  a  power  given  by  an  Act  of  the  General  Assem- 
bly, or  an  ordinance  of  this  city. 

Sec.  6.    If  any  auctioneer  for  any  services  or  business  bj^  Penalty  for 

,  .  , .  1     11  •  1  •     •  overcharge 

mm  as  auctioneer  shall  receive  or  charge  any  commission  or  for  com- 
fee  not  allowed  by  this  ordinance,  he  shall,  upon  conviction 
thereof,  before  the  Municipal  Court,  forfeit  and  pay  a  fine  Fine, 
equal   in   amount  to  four  times   the  sum   thus   received   or 
charged,  and  eveiy  auctioneer  shall  keep  a  copy  of  this  ordi-  copy  of  or- 

,     ,  .  .  -  .      T  .  .  „       dinances  in 

nance  posted  m  some  conspicuous  place  m  his  auction  room  tor  auction 
the  information  of  the  public,  and  in  default  thereof,  upon 
conviction  thereof,  before  the  Municipal  Court,  shall  forfeit  Penalty. 
the  sum  of  twenty  dollars. 

Sec.  7.    If  any  auctioneer  of  this  city  shall  refuse  or  neg-  ^J^e  for 
leet  for  the  space  of  ten  days  after  the  sum  shall  have  been  due  J^uctufne^er?" 
to  the  person  justly  entitled  to  receive  the  same,  the  proceeds  gf  ga°e^^*^^ 
of  sale  made  by  such  auctioneer,  upon  conviction  thereof  be- 
fore the  Municipal  Court,  shall  pay  a  fine  of  twenty  dollars.  Penalty. 

Sec.  8.  All  auctioneers'  licenses  (")  now  in  force  shall 
continue  in  force  until  the  expiration  of  the  terms  for  which 
they  shall  have  been  issued. 

(a)   It  a  license  be  paid  voluntarily,  and  the  ordinance,  afterwards, 
be  declared  to  be  unconstitutional,  it  cannot  be  recovered  back. 
Wilmington  vs.  Wicks,  2  Marv.  297.   (yr.  1896) 

Sec.  9.     That  an  ordinance  entitled  "An  ordinance  con- other  ordi- 
cerning  auctioneers,"  passed  November  13th,  A.  D.  1856,  with p^^ied! '^^' 
the  amendments  thereto,  and  all  ordinances,  inconsistent  with 
this  ordinance,  are  hereby  repealed. 

Passed  at  the  City  Hall,  June  24,  1897. 


AN  ORDINANCE  to  regulate  the  time  and  manner  of  pay- 
ment of  hills  against  the  city. 


Amendment, 


[Section  1.    All  bills  against  the  city  must  be  presented  ordinance  of 


958 


ORDINANCES. 


Reading  of 
bills. 


Report  to 
Council. 


Order  for 
work  and 
labor. 


to  the  City  Council  and  then  read  on  the  first  Thursday  in 
each  month,  and  shall  then  be  referred  to  the  committee  con- 
tracting the  same,  or  to  some  appropriate  committee,  who  shall 
examine  the  same  in  conjunction  with  the  City  Auditor,  and 
if  found  correct  shall  report  the  same  to  the  City  Council  on 
the  third  Thursday,  when,  if  Council  so  direct,  orders  shall  be 
drawn  in  favor  of  the  parties  presenting  the  same,  and  said 
order  shall  be  payable  on  the  Tuesday  next  following.  Pro- 
vided, that  the  orders  due  for  material  or  labor  furnished  to 
the  City  of  Wilmington  pursuant  to  contract  made  with  The 
Mayor  and  Council  of  Wilmington,  under  the  direction  of  City 
Council,  may  be  granted  on  account  of  said  contracts  at  any 
meeting  of  the  City  Council,  if  the  claim  therefor  be  marked 
correct  by  the  City  Auditor  and  be  duly  approved  by  a  ma- 
jority of  the  proper  committee  of  the  Council.] 


Oct.  24,  1878. 


When  bills 
may  be 
passed  with 
unanimous 
consent. 


[Sec.  2.  The  City  Council  may  by  unanimous  consent 
direct  that  all  bills  so  reported  correct  by  the  committee  and 
City  Auditor  shall  be  read  in  their  order,  and  the  Council 
may,  upon  a  single  motion  by  a  member,  direct  the  drawing 
of  orders  in  favor  of  the  persons  presenting  said  bills.  All 
bills  which  shall  be  objected  to  during  the  reading  shall  be 
acted  upon  separately.] 


Payment 
for  printing 
of  private 
ordinances. 


Sec.  3.     All  ordinances  or  parts  of  ordinances  inconsist- 
ent with  this  ordinance  be  and  the  same  are  hereby  repealed. 

Passed  at  City  Hall,  January  22,  1874. 


AN  ORDINANCE  relati)tg  to  the  printing  of  ordinances  of  a 
private  character. 

Section  1.  That  every  person,  firm  or  corporation  who 
shall  cause  to  be  introduced  into  the  Council  any  ordinance 
conferring  upon  such  person,  firm  or  corporation  any  benefits 
or  privileges,  shall,  when  the  said  ordinance  has  gone  to  a  sec- 
ond reading,  cause  the  same  to  be  printed  for  the  information 
of  each  member  of  the  Council  and  shall  further  upon  the  pas- 
sage of  such  ordinance,  and  its  approval  by  the  j\Iayor,  pay  the 
cost  of  the  public  advertisement  of  the  same. 

Passed  at  City  Hall,  iMarch  17,  1887. 


ORDINANCES.  959 

AN  ORDINANCE  to  regulate  shows,  exhibitions  and  public 

representations. 

Section  1.    No  person  shall,  within  the  limits  of  the  eit}',  fil^JIre^^'^^ 
for  money  or  other  reward,  give  or  be  concerned  in  giving  any  ^'°®"^®- 
show,  exhibition  or  public  representation,  except  it  be  of  a 
purely  literary  or  scientific  character,  without  a  license  there- 
for obtained  as  hereinafter  provided. 

Sec.  2.     The  Mayor  shall,  on  application,  grant  licenses.  License  fees. 
as  follows:  («) 

(rt)   If  money  be  paid  for  a  license,  voluntarily,  and  the  law  after- 
Vards  be  declared  unconstitutional,  the  money  cannot  be  recovered  back. 
Wilmington  vs.  Wicks,  2  Marv.  297.   (yr.  1896) 

For  a  theatre,  twentj^-five  dollars  per  year. 

For  a  concert  saloon  or  opera  house,  twenty-five  dollars  a 
year. 

For  a  circus,  a  sum  not  exceeding  fifty  dollars  for  each  ex- 
hibition. 

For  a  menagerie  or  zoological  exhibition,  ten  dollars. 

For  each  exhibition  of  images,  pageantry,  necromancy, 
sleight-of-hand,  and  for  each  negro  concert,  two  dollars  and 
fifty  cents. 

For  other  representations  not  specified,  a  sum  not  exceed- 
ing five  dollars  for  each  performance. 

No  license  shall  confer  the  privilege  of  exhibiting  in  more 
than  one  place. 

A  change  of  location  may  be  made  during  a  licensed  term,  changing 
and  all  the  privileges  of  the  license  shall  apply  to  the  new  exhibition. 
place ;  provided,  that  such  change  be  approved  in  writing  by 
the  Mayor. 

Sec.  3.    Every  person  who  shall  give,  or  be  concerned  in  unlicensed 
giving,  any  show,  exhibition  or  public  representation,  without  ^^°^'^- 


960 


ORDINANCES. 


Owner  of 
premises 
liable  for 
fine. 


Term  of 
license. 


Fee  for  is- 
suing li- 
cense. 


a  license  obtained  therefor,  as  required  by  this  ordinance,  shall 
forfeit  and  pay  the  sum  of  fifty  dollars. 

Sec.  4.  If  any  person  shall  wilfully  suffer  any  show,  ex- 
hibition or  public  representation  to  be  made  or  had  in  any 
house,  or  upon  the  premises,  in  his  possession,  contrary  to  this 
ordinance,  he  shall  forfeit  and  pay  the  sum  of  fifty  dollars. 

Sec.  6.  A  license  shall  not  be  valid  for  a  longer  period 
than  one  year  from  its  date. 

An  addition  fee  of  Mty  cents  shall  be  payable  for  every 
license  to  the  officer  issuing  the  same. 

Passed  at  City  Hall,  April  4,  1861. 


Moving 
picture  ex- 
hibitions 
must  be 
licensed. 


License  fee. 


Exceptions. 


AiY  ORDINANCE  providing  for  tlie  issuing  of  licenses  for 
places  in  which  moving  picture  exhiJ)itions  are  held;  regu- 
lating the  operation  of  moving  picture  machines,  and  pro- 
viding a  penalty  for  the  violations  of  the  provisions 
thereof. 

Be  it  ordained,  by  The  Council  of  Wilmington. 

Section  1.  That  it  shall  not  be  lawful  to  exhibit  in  any 
building,  garden,  grounds,  concert-room,  saloon,  or  other  place 
or  places  or  in  any  room  or  other  enclosure  within  the  City  of 
Wilmington,  any  moving  picture  exhibition  until  a  license  for 
such  building,  garden,  grounds,  concert-room,  saloon  or  other 
place  or  places,  or  room  or  enclosure,  shall  have  first  been 
granted  by  the  i\Iayor  of  said  city  to  the  lessee  or  proprietor 
thereof,  for  which  license  the  said  lessee  or  proprietor  shall 
pay  a  fee  of  one  hundred  dollars  ($100),  and  which  license 
shall  be  good  and  available  thereafter  for  the  whole  or  any 
portion  of  one  calendar  year,  beginning  on  the  fir.st  day  of 
January  of  each  year;  provided,  that  this  section  shall  not  ap- 
ply to  any  church  or  other  place  not  devoted  to  the  business 
of  such  exhibitions  so  as  to  require  the  payment  of  the  said 
license  fee  for  the  giving  of  a  single  exhibition  of  moving  pic- 
tures; and  provided,  further,  that  all  licenses  shall  be  paid  for 


ORDINANCES.  961 

pro  rata  from  the  time  of  issuance  until  its  expiration  the  fol-  ^^enTe*^ 
lowing  December  31st. 

Sec.  2.    It  shall  be  unlawful  to  operate  any  moving  pic-  Operators 

1  •  11  i  ■  1     11   1  IT  must  be  over 

ture  machine  unless  the  person  so  operating  shall  be  over  18  is  years  of 

years  of  age;  and  further,  that  it  shall  be  unlawful  for  any 

operator  or  other  person  or  persons  at  any  time  to  smoke  or 

carry  matches  into  the  operating  booth  hereinafter  provided 

for.  and  no  oil  lamp  shall  be  permitted  there,  nor  shall  illumi-  No  ou  lamps. 

nating  gas  be  introduced  into  said  booths. 

Sec.  3.     That  a  patent  fire  extinguisher  shall  be  placed  ^nlulsher. 
at  or  near  each  entrance,  also  that  it  be  required  that  a  patent 
fire  extinguisher  shall  be  placed  in  each  operating  booth. 

Sec.  4.     All  moving  picture  machines  must  be  equipped 
with  fireproof  magazines  for  the  top  reel  and  tension  take-up  Fireproof 

.  ^  .  magazines. 

devices  with  fireproof  magazines  for  the  bottom  reel.  Said 
machines,  together  with  the  person  operating  the  same,  shall 
be  enclosed  in  booths  lined  with  asbestos,  sheet  iron  or  tin.  All 
films  shall  be  kept  at  all  times,  when  not  in  use,  in  metal  cases, 
and  shall  be  removed  at  least  two  feet  from  the  machines. 

Sec.  5.     Before  any  license  shall  be  granted  as  provided  Certificate 
in  Section  1  hereof,  the  Building  Inspector  shall  certify  to  the  inspector 

iDGf  or© 

Mayor  that  he  has  inspected  such  place,  places,  rooms  and  en-  license. 
closures  and  the  equipment  and  the  exits  thereof,  and  that  he 
approves  such  application  for  license.  The  Building  Commit- 
tee of  City  Council,  in  connection  with  the  said  Building  In- 
spector, are  hereby  authorized  to  make  such  rules  («)  and 
regulations  as  they  may  deem  necessary  and  proper  and  which 
are  not  inconsistent  with  the  provisions  herein  in  respect  to  all 
machines,  appliances  or  the  accessories  thereof  or  thereto  used 
in  connection  with  or  as  part  of  the  said  moving  picture  ex- 
hibition. These  rules  and  regulations  shall,  after  having  been 
ordered,  apply  to  all  moving  picture  exhibitions  within  the 
City  of  Wilmington. 

^     (a)   For  the  legal  meaning  of  the  word  ' '  rules ' '  see  the  case  of 
Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  p.  136.  (jr.  1894) 


962 


ORDINANCES. 


Power  of 
Police  Com- 
missioners. 


Penalty. 


Sec.  6.  The  Police  Commissioners  shall  have  the  power 
to  prevent  the  operation  of  any  moving  picture  machine  by 
reason  of  the  requirements  of  the  foregoing  sections  not  being 
fulfilled  or  by  reason  of  any  other  caiLse  that  in  their  opinion 
endangers  the  public  safety. 

Sec.  7.  Any  person  or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be  subject  to  a  penalty  of 
one  hundred  dollars  ($100),  to  be  recovered  as  penalties  of 
like  amount  are  now  by  law  recoverable. 

Approved  April  30,  1908. 


stock  of 
giinpowder 
limited  to 
50  lbs. 


Penalty. 


Judge  shall 
issue  pro- 
cess to  Con- 
stable for 
removal. 


Return  on 
process. 

Disregarding 
process. 


Penalty. 


AN  ORDINANCE  to  prevent  damage  from  gunpowder. 

Section  1.  If  any  person  shall  deposit,  keep  or  have  in 
any  house,  store  or  building,  or  in  any  place  within  this  city,  a 
greater  quantitj^  than  fifty  pounds  of  gunpowder  every  such 
person  shall  be  guilty  of  a  common  nuisance,  and  upon  convic- 
tion thereof  shall  forfeit  and  pay  a  fine  of  ten  dollars,  and  an 
additional  fine  of  five  dollars  for  each  quarter  cask,  or  quan- 
tity of  twenty-five  pounds  so  deposited,  kept  or  had  above  the 
said  quantity  of  fift}^  pounds. 

The  [Judge  of  the  Municipal  Court]  upon  credible  infor- 
mation of  a  greater  quantity  of  gunpowder  than  is  allowed  hy 
this  ordinance  being  in  anj'  place  within  this  city,  shall  issue 
process  to  the  High  Constable  or  any  City  Constable,  requiring 
him  to  direct  the  person  depositing,  keeping  or  having  such 
gunpowder,  to  remove  the  excess  thereof  above  fifty  pounds 
beyond  the  limits  of  this  city  forthwith;  the  Constable  in  his 
return  upon  this  process  shall  set  down  the  daj^  hour  and  min- 
ute of  service,  and  this  return  shall  be  competent  evidence.  If 
any  person  so  served  with  process,  shall  not,  within  one  hour 
after  such  service,  remove  the  said  excess  of  gunpowder  by 
him,  her  or  them  so  deposited,  kept  or  had,  beyond  the  limits 
of  this  city,  he,  she  or  they  shall  forfeit  and  pay  a  fine  of  fifty 
dollars ;  this  fine  shall  not  supersede  the  original  fine  incurred 
in  the  case,  but  shall  be  cumulative,  and  the  said  Judge  shall 
have  authority  to  make  an  order  and  to  issue  process  to  the 


ORDINANCES.  963 

High  Constable  or  to  anv  Citv  Constable,  for  removing  the  ]?^^f  °^  °'' 
said  excess  beyond  the  limits  of  this  citv,  or  otherwise  securing  movai  by 

*'  "  '  °  Judge  to 

the  same,  as  may  be  expedient.    And  the  expenses  hereby  in-  constable. 
curred  shall  be  paid  by  the  order  of  the  Council,  which  said  ^ 

^  *'  '       .  .      Expense  of 

expenses  shall  be  recovered  by  The  Mayor  and  Council  of  Wil-  removal, 
mington  from  the  owner  of  the  said  gunpowder,  or  person  who 
had  the  possession  thereof,  at  their  election,  as  like  debts  and 
demands  are  recoverable. 

Not  only  the  excess  of  gunpowder  above  the  quantity  al-  saie  of  the 
lowed,  for  the  depositing  or  keeping  or  having  or  not  remov-  expense's.'^^^ 
ing  of  which  a  fine  shall  be  incurred  under  this  ordinance,  but 
the  whole  thereof  shall  be  liable  to  be  taken  and  sold  to  satisfy 
the  judgment  or  sentence  for  such  fine  and  costs,  whether  the 
defendant  in  such  judgment  or  sentence  be  the  person  deposit- 
ing or  keeping,  or  having,  or  not  removing  the  same. 

Sec.  2.     For  the  purpose  of  supplying  retailers  of  gun-  ]^°n|ing 
powder  within  the  City  of  Wilmington,  it  shall  and  may  be  ^ft v  for  sa^ie 
lawful  to  introduce  the  same  in  kegs,  containing  not  more 
than  twenty-five  pounds  each,  carefully  enclosed  in  good  bags, 
or  by  putting  a  sheet  of  canvas  under  and  around  the  said 
kegs,  sufficient  to  prevent  the  gunpowder  from  scattering  from 
the  said  carriage,  wagon  or  other  vehicle  in  which  it  is  con- 
vej'cd  and  no  one  carriage  or  other  vehicle  shall  contain,  at 
any  one  time,  more  than  ten  of  the  above  described  kegs  of 
gunpowder  and  if  any  gunpowder  shall  be  brought  into  this 
city,  except  in  the  manner  and  in  the  quantity  herein  set  forth, 
and  contrary  to  the  provisions  of  this  ordinance,  the  person  or 
persons  owning  the  said  gunpowder,  and  the  person  or  persons  driver  (fcluai- 
so  conveying  the  same  shall,  for  each  and  every  such  offence,  slbie^^°'^' 
forfeit  and  pay  the  sum  of  five  hundred  dollars,  one  moietj'^  to  penalty, 
be  paid  into  the  city  treasury  and  the  other  moiety  to  the  per-  Half  of  fine 
son  informing  and  prosecuting  the  offender  to  conviction ;  pro-  ^°^  ^former. 
vided,  that  this  section  shall  not  extend  to  that  part  of  the 
Christiana  river  included  within  the  city  limits,  vessels  loaded  vessels  in 
with  powder  being  free  to  pass  in  said  river  along  the  cit}^  exempt"^ 
front.  I     ' 


964 


ORDINANCES. 


Constables 
and  Street 
Commis- 
sioner to 
report  to 
Mayor. 


Sec.  3.  It  shall  be  the  duty  of  the  City  Constables  and 
Street  Commissioner  immediately  to  report  any  violation  of 
this  ordinance  to  the  Mayor,  who  shall  take  the  proper  means 
to  have  it  enforced  without  delay. 

Passed  at  City  Hall,  October  13,  1856. 


Public 
nuisance. 


Firearms  or 
■weapons. 


Bombs  or 
torpedoes. 


Composition 
of. 


Dimensions 
of. 


Firecrackers 


Composition 
of. 


Detonating 
fireworks. 


AN  ORDINANCE  declaring  the  making,  storing,  selling,  dis- 
posing of,  firing  and  exploding  of  certain  fireworks  to  he 
a  public  nuisance  and  affixing  penalties  for  its  violation. 
Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.  It  shall  be  a  public  nuisance  for  any  person 
or  persons,  firm  or  corporation,  after  the  passage  of  this 
ordinance,  to  discharge  or  explode,  or  cause  to  be  discharged 
or  exploded,  or  to  manufacture,  keep  -on  hand  or  store, 
or  to  sell,  dispose  of,  give  away  or  furnish,  directly  or  in- 
directly, within  the  limits  of  the  City  of  Wilmington  to 
any  person  or  persons:  (1)  Any  pistol,  revolver  or  other 
weapon  intended  for  the  firing  or  exploding  of  blank  car- 
tridges, into  Avhich  a  bullet  or  loaded  cartridge  may  be  in 
any  way  inserted  and  exploded;  (2)  any  bomb,  torpedo,  or  de- 
vice in  the  nature  of  a  torpedo,  to  be  exploded  by  percussion, 
friction,  impact  or  contact,  in  or  of  which  picric  acid,  fulminic 
acid,  permanganic  acid,  cj'anic  or  ferro-cyanic  acid,  hyponitric 
acid,  or  any  of  the  salts  thereof;  nitro-glyeerine,  chlorate  of 
potash,  gun  cotton,  bisulphide  of  soda  or  of  potash,  bisulphide 
of  carbon,  or  any  form  of  antimony,  mercury,  gold,  platinum 
or  silver  is  a  component  part,  and  the  use  of  the  chemical 
equivalents  of  said  ingredients  or  any  of  them,  shall  be  deemed 
a  violation  of  this  ordinance;  or  any  bomb,  torpedo  or  other 
device  in  the  nature  thereof,  of  a  larger  size  than  three-quar- 
ters of  an  inch  in  diameter  or  inside  measure  in  any  direction ; 
(3)  any  sort  of  fire  cracker  or  detonating  device  in  the  nature 
of  a  fire  cracker,  loaded  or  charged  with  any  substance,  com- 
pound, combination  of  substances  or  explosive  whatsoever 
other  than  ordinary  black  gunpowder;  composed  of  sulphur, 
saltpetre  and  charcoal;  (4)  any  detonating  fireworks  of  any 
nature  whatsoever,  save  in  these  ordinances  otherwise  pro- 
vided, charged  or  loaded  with  any  other  explosive  than  such 


ORDINANCES.  965 

ordinary  black  gunpowder;  (5)  any  fire  cracker  or  other  de- P*^tonating 

='       i  '    ^    ^  -^  _       firecracker. 

touating"  device  whatsoever   in    the   nature  thereof  of  a  size 
larger  than  five  inches  in  length  and  one  inch  in  diameter. 

Sec.  2.    It  is  further  declared  to  be  a  public  nuisance  for  Declaration 

_^  _  as  to  firm, 

any  person,  firm  or  corporation  to  sell,  give  away  or  dispose  corporation, 
of,  or  otherwise  directly  or  indirectly  furnish  within  the  limits 
^of  said  city,  to  any  minor  under  the  age  of  eighteen  years,  any  As  to  minor. 
gun,  pistol,  revolver  or  other  firearm  whatsoever. 

Sec.  3.    It  is  further  declared  to  be  a  public  nuisance  for^    , 

^  Declaration 

any  person  or  persons  to  explode   or   fire,   or   cause  to  be  ex-astonui- 

.....  .  .  sance. 

ploded  or  fired  within  said  city  limits  any  article  or  thing  de- „ 

■^  .  •'  .  .  Precednig 

.  clared  to  be  a  nuis-ance  in  Section  one  of  this  ordinance.  section. 

Sec.  4.  If  any  person  or  persons,  firm  or  corporation,  or 
any  employe  of  any  person,  firm  or  corporation  do  any  of  the 
things,  the  doing  of  which  is  hereinbefore  declared  to  be  a 
public  nuisance,  he,  she,  it  or  they  shall,  upon  conviction  there- 
of in  the  Municipal  Court  for  said  city,  be  punished  by  a  fine 
of  not  less  than  twenty-five  nor  more  than  one  hundred  dollars. 

Sec.  5.    If  any  person  or  persons  within  said  city  limits,  Throwing. 

■^    -^  ^  ^  )  placing,  etc. 

shall  thi'ow  or  place  any  lighted  firecracker  or  other  fireworks, 
or  any  bomb,  torpedo,  or  other  device  in  the  nature  thereof,  at, 
to,  upon  or  toward  any  person,  animal,  window,  house,  car,  car 
track,  carriage  or  other  property,  or  into  or  among  any  gath- 
ering of  persons,  he  shall,  upon  conviction  in  said  court,  be 
punished  by  a  fine  of  not  less  than  one  nor  more  than  fifty  Penalty, 
dollars. 

Sec.  6.     In  any  prosecution    under   this    ordinance,  the    , 

"^  Charge  may 

.  charge  may  be  laid  against  all  or  any  of  the  several  members  be  laid, 
of  a  firm  or  partnership,  or  against  anj''  employe  of  any  per-  Firm  or 
son,  firm  or  partnership ;   and   in   case   of   a   corporation,  the  etc. 
prosecution  may  be  against  either  the  president  or  other  chief  President  or 

,„  .  „  .  1  .         1  f.  chief  officer. 

orncer  thereoi,  or  aganist  the  person  ni  charge  or  or  manag- 
ing the  business,  or  any  employe  thereof. 


966 


ORDINANCES. 


Sec.  7.    All  ordinances  or  parts  thereof  inconsistent  with 
this  ordinance  are  hereby  expressly  repealed. 

Passed  at  the  City  Hall,  August  2,  1900. 


Unlawful  to 
to  keep  more 
than  5  bar- 
rels of  oil. 


Fine. 


Distance 
from  dwell- 
ing required. 


Inspection  of 
premises  by 
High  Con- 
stable. 


AN   ORDINANCE   concerning   the   keeping   and  storing   of 
petroleum  and  other  oils. 

Section  1.  If  any  person  shall  deposit,  keep,  or  have  in* 
any  house,  store,  or  building,  or  other  place  in  this  city,  with- 
in the  following  boundaries,  to  wit :  South  of  the  Brandywine 
river,  and  east  of  Adams  street,  and  north  of  Beech  street  and 
the  Christiana  river,  as  far  down  as  the  east  line  of  Burk  and 
McCaulley's  shipyard,  on  a  direct  line  to  the  Brandywine 
river,  more  than  five  barrels  of  kerosene,  Benzine,  camphine, 
petroleum,  or  rock  oil,  no  matter  by  what  name  it  may  be 
known,  he  shall  be  deemed  guilty  of  a  common  nuisance,  and 
upon  conviction  shall  be  fined  ten  dollars. 

Sec.  2.  In  other  portions  of  the  city,  not  prescribed  in 
Section  1,  the  article  or  articles  within  mentioned  and  pre- 
scribed shall  not  be  kept  or  stored  within  a  distance  of  one 
hundred  feet  of  any  dwelling  house. 

Sec.  3.  It  shall  be  the  duty  of  the  High  Constable,  upon 
the  written  requirements  of  the  Mayor,  or  whenever  he  shall 
have  reasonable  grounds  to  believe  that  this  ordinance  is  being 
violated,  to  go  to  and  upon  and  inspect  the  premises  or  place 
where,  or  in  which  it  is  believed  said  nuisance  exists,  and  forth- 
with to  report  the  fact  to  the  Mayor. 

Passed  at  City  Hall,  February  7,  1867. 


Unlawful 
boiling  of 
roofing  ma- 
terials. 

Jan.  9,  1862. 


AN  ORDINANCE  to  prevent  the  Tjoiling  or  manufacturing, 
within  certain  limits,  of  any  tar,  pitch  or  like  inflam- 
maMe  substance  to  he  used  in  the  manufacture  of  gravel 
or  sand  roofing. 

Section  1.  [If  any  person  shall  manufacture  or  boil,  or 
cause  to  be  manufactured  or  boiled,  in  any  building  or  other 
place  within  the  city  limits,  situate  within  one  hundred  yards 


ORDINANCES.  967 

of  any  building  within  the  limits  aforesaid,  any  tar.  pitch  or 
like  inflammable  substance,  to  be  used  in  the  manufacture  of 
gravel  or  sand  roofing,  except  at  the  time  of  putting  on  a  roof, 
when  it  may  be  lawful  to  heat  the  said  material  in  the  street, 
using  no  more  time  for  such  purpose  than  is  absolutely  neces- 
sary, every  such  person  shall  be  guilty  of  a  common  nuisance, 
and  upon  conviction  thereof  shall  forfeit  and  pay  a  fine  of 
fifty  dollars.] 

The  [Judge  of  the  Municipal  Court,]  on  receiving  credi- Abatement 

.of  nuisance. 

ble  information  that  the  aforesaid  business  is  carried  on  by 
any  person  within  the  limits  aforesaid  of  this  city,  shall  issue 
process  to  the  High  Constable,  or  any  City  Constable,  requir- 
ing him  to  direct  the  peraon  so  engaged  to  abate  the  said  nui- 
sance forthwith ;  and  the  said  Constable  in  his  return  upon 
this  process  shall  note  the  time  of  service,  and  this  return  shall 
be  competent  evidence.  If  after  the  person  so  served  with 
process  shall  not  forthwith  abate  the  aforesaid  nuisance,  he  or 
they  shall  forfeit  and  pay  a  fine  of  fifty  dollars,  which  fine 
shall  not  supersede  the  original  fine  incurred  in  the  case,  but 
shall  be  cumulative,  and  thereupon  the  [Judge  of  the  Muni- 
cipal Court]  shall  issue  process  directed  to  the  High  Constable, 
or  any  City  Constable,  directing  him  to  abate  the  nuisance. 
All  the  expenses  hereby  incurred  shall  be  paid  bj'  the  order  of  andTe1x)very 
the  Council,  which  said  expenses  shall  be  recovered  by  The  °^  expenses. 
Mayor  and  Council  of  Wilmington  from  the  person  engaged 
in  the  aforesaid  business,  as  like  debts  and  demands  are  recov- 
erable. 

Sec.  2.    It  shall  be  the  duty  of  the  Citv  Constables  and  ^,     ,  ^ 

*'  ^  street  Com- 

the  Street  Commissioner  immediately  to  report  anv  violation  missioner 

•^  ^  "  and  Con- 

of  this  ordinance  to  the  ]Mavor,   who   shall    take   the   proper  stables  must 

■  report  vio- 

means  to  have  it  enforced  without  delay.  lations. 

Passed  at  City  Hall,  October  3,  1861. 


AX  ORDINANCE  concerning  puMic  lamps  and  lamp-posts.      Lighting  or 

extinguish- 

Section  1.    If  any  person  or  persons  shall  [light,]  extin- jJ^^^g^'^^®^ 
guish,  break,  destrov,  injure,  overthrow  or  carrv  awav,  with-  jiestroying 

o  •  !  .  )        .J         '  »'  .  ?  lamps  or 

lamp-posts. 


968 


ORDINANCES, 


April  16, 
1S66. 


Penalty. 


Obstruction 
of  light. 


Penalty. 


out  legal  authority,  any  public  lamp,  or  lamp-post  erected  by 
authority  of  the  Council,  (^)  by  private  subscription  or  other- 
wise in  any  of  the  streets,  lanes  or  alleys  of  this  city,  every 
person  so  offending,  and  every  person  aiding  or  abetting  the 
same,  shall  forfeit  and  pay  for  each  and  every  public  lamp  or 
lamp-post  so  [lighted,]  extinguished,  broken,  destroyed,  in- 
jured, overthrown  or  carried  away,  a  fine  not  exceeding  ten 
dollars,  nor  less  than  one  dollar,  as  well  as  a  sum  sufficient  to 
replace  every  lamp-post  or  lamp  so  broken,  destroyed,  injured, 
overthrown  or  carried  away. 

(a)   Now,  the  Street  and   Sewer  Department. 

Passed  at  City  Hall,  February  20,  1862. 


AN  ORDINANCE  for  the  protection,  of  puhlic  lamps. 

Section  1.  If  any  person,  hy  means  of  imy  a\^^ling,  sign, 
tree  or  other  thing  erected  or  being  upon  premises  owned  or 
occupied  by  him,  or  upon  or  over  any  footway  or  street  in 
front  of  premises  owned  or  occupied  by  him,  shall  obstruct  or 
obscure  or  suffer  or  permit  to  be  obstructed  or  obscured  the 
light  from  any  public  lamp  erected  by  authority  of  Council  in 
any  street,  lane  or  alley  of  this  city,  he  shall  be  guilty  of  a 
common  nuisance,  and  forfeit  and  pay  a  fine  not  exceeding  ten 
dollars. 


Duty  of  Sec.  2.    If  any  person  so  offending  shall  be  notified  by  the 

missioner  to  Street  Commissioner  to  remove  or  abate  such  nuisance,  and 

abate  such  ' 

nuisance.  shall  ucglcct  or  refusc  so  to  do  for  twenty-four  hours  after 
such  notice,  the  said  Commissioner  shall  forthwith  abate  and 
remove  the  same  at  the  expense  of  the  person  so  offending,  and 
such  expense  shall  be  recovered  in  an  action  in  the  name  of  the 
corporation  before  the  [Municipal  Court.] 

Passed  at  City  Hall,  October  9,  1873. 


Injuring  or 
carrying 
away  trees 
or  shrub- 
bery. 


AN  ORDINANCE  for  the  security  and  protection  of  shruh- 
hery,  fruit  and  ornamental  trees  tviihin  the  city. 

Section  1.     If  any  person  or  persons  shall  break,  injure, 
destroy,  overthrow  or  carry  away  any  shrub,  or  fruit,  or  orna- 


ORDINANCES.  969 

mental  tree,  planted  by  anthority  of  this  city  or  any  citizen  or 
resident  thereof,  in  any  of  the  streets,  lanes,  alleys  or  private 
gardens  and  enclosures  within  the  city,  every  person  so  of- 
fending, and  every  person  aiding  or  abetting  the  same,  shall 
forfeit  and  pay  for  each  and  every  shrub,  fruit  or  ornamental 
tree  so  broken,  injured,  destroyed,  overthrown  or  carried 
away,  a  sum  not  exceeding  ten  dollars,  nor  less  than  two  dol-  p^"^'^^'- 
lars,  with  costs,  and  shall  moreover  be  liable  to  an  action  to 
make  good  the  damages. 

If  the  guilty  party  be  a  minor,   his  or  her  parent   or  Minors. 
guardian  shall  be  liable  for  the  fine  and  costs. 

The  High  and  Police  Constables  of  the  city  are  liereby  ^^^^7^°^^^^^ 
•strictly  enjoined  diligently  to  enquire  after  and  prosecute  all 
who  shall  offend  therein. 

Passed  at  Citv  Hall,  June  12,  1862. 


AN  ORDINANCE  to  protect  ornamental  and  shade  trees  ivith- 
in  the  city. 

Section  1.  ^Yhoever  shall  hitch  or  fasten  a  horse,  or  other  Hitching:  to 

'  trees  for- 

animal  of  like  kind  to  any  ornamental  or  shade  tree,  or  tree  bidden. 
box  protecting  any  ornamental  or  shade  tree,  within  this  city, 
without  the  consent  of  the  owner  of  such  tree  or  of  the  tenant 
of  the  premises  on  which  it  may  be  situated  first  had,  shall  be 
deemed  guilty  of   a   public   nuisance,    and   upon   conviction 
thereof  fined  in  a  sum  not  less  than  one  dollar  or  more  than  ^j^^^ 
five  dollars,  and  upon  sight  thereof,  any  Constable  or  other  of- 
ficer of  this  city,  may  impound  any  such  horse  or  other  ani-  o^fnlmai"^ 
mal,  and  the  vehicle  to  which  it  may  be  attached,  until  the  fine  Pitched. 
and  costs,  and  any  reasonable  expenses  incurred  in  keeping 
and  caring  for  them,  shall  have  been  paid. 


Passed  at  Citv  Hall,  Julv  30,  1869. 


970 


ORDINANCES. 


Lottery  of- 
fices unlaw- 
ful. 


AN  ORDINANCE  concerning  lottery  policies. 

Section  1.  All  places  or  apartments  where  lottery  poli- 
cies, or  paper  with  letters  or  figures  that  evidence  the  same, 
or  where  risks  or  devices  in  the  nature  of  lottery  policies  are 
sold,  are  hereby  declared  to  be  nuisances  within  the  city  limits, 
and  are  to  be  regarded  and  treated  as  such. 


Penalties. 


Sec.  2.  Any  person  who  shall  keep  any  such  place  or 
apartment,  or  maintain  any  such  nuisance,  shall  forfeit  and 
pay  the  sum  of  twenty  dollars.  A  distinct  offence  against  this 
ordinance  shall  be  taken  to  be  committed  for  every  day  that 
any  such  nuisance  is  maintained  in  any  specific  place  or  apart- 
ment. 


Duties  of 

policemen 

and  Mayor 

respecting 

policy 

offices. 


Authorized 

lottery 

ticket. 


Sec.  3.  It  shall  be  the  duty  of  the  police  officers  to  give 
information  to  the  Mayor,  of  each  house  or  place  within  the 
city  wherein  such  sale  may  be  kept  up  or  maintained,  and  the 
said  police  officers  shall  take  all  lawful  means  to  suppress  and 
prevent  the  sale  as  aforesaid,  and  for  this  purpose,  when  and 
as  often  as  any  one  of  them  shall  have  probable  cause  to  be- 
lieve that  any  house  or  place  is  used  for  the  purposes  of  such 
sale  as  aforesaid,  he  shall  make  formal  complaint  to  the 
[Judge  of  the  Municipal  Court.]  whereupon  the  said  [Judge] 
shall  issue  his  warrant  for  the  arrest  of  the  person  or  persons 
so  complained  against. 

Sec.  4.  Nothing  of  this  ordinance  shall  be  regarded  as 
prohibiting  the  sale  of  any  authorized  lottery  ticket. 

Passed  at  City  Hall,  May  3,  1860. 


Injuring 
fountains, 
washing 
hands  or 
casting  filth 
therein. 


AN  ORDINANCE  for  the  protection  of  puNic  drinking  foun- 
tains. 

Section  1.  If  anj-  person  or  persons  shall  break,  injure 
or  do  any  damage  whatever  to  the  public  drinking  fountains 
erected  in  this  city,  or  shall  wash  their  hands,  persons  or  sub- 
stances, or  throw  or  put  any  stones,  filth  or  matter  whatsoever 
into  the  basins  of  the  same,  or  shall  injure  in  any  manner  fenc- 
ing enclosing  the  same,  every  person  so  offending  shall  forfeit 


ORDINANCES.  971 

and  pay  for  every  such  offence  a  fine  not  exceeding  fifty  dol- 
lars, and  not  less  than  five  dollars. 

Sec.  2.    It  shall  be  the  duty  of  all  police  officers  and  con-  Arrests  ami 

.  prosecutions. 

stables  to  make  arrests  and  prosecute  all  violations  oi  the  pro- 
visions of  this  ordinance  which  shall  come  to  their  notice  or 
knowledge;  and  all  fines  collected  under  this  ordinance  shall 
be  paid  one-half  to  the  informer  and  prosecutor,  and  the  other  informer's 

,  .  share  of  fine. 

half  to  the  City  Treasurer  for  the  benefit  oi  the  city. 
Passed  at  City  Hall,  June  22,  1871. 


AN  ORDINANCE  for  the  prevention  of  cruelty  to  animals. 

Section  1.     Whoever   shall   over-drive,    over-load,    over-  cruei  treat- 
work,    torture,    torment,    deprive    of    necessary    sustenance,  mais.  ° 
cruelly  beat,  mutilate  or  kill,  or  cause  or  procure  to  be  so  over- 
driven,  over-loaded,   overworked,    tortured,     tormented,    de- 
prived of  necessary  sustenance,  cruelly  beaten,  mutilated  or 
cruelly  killed,  any  horse,  ox  or  other  animal,  and  whoever  hav- 
ing the  charge  or  custody  of  any  such  animal,  either  as  o^vner 
or  otherwise,  shall  unnecessarily  fail  to  provide  such  animal 
with  proper  food,  drink  or  shelter,  or  protection  from  the  shelter. 
weather,  shall,  for  every  such  offence,  be  fined  in  a  sum  not  ex- 
ceeding one  hundred  dollars,  and  shall  be  imprisoned  until  Fine. 
such  fine  is  paid.  , 

Sec.  2.    Every  owner  of,  or  person  having  the  charge  or  unnecessary 
custody  of,  any  horse,  ox,  or  any  other  animal,  who  shall  know-  a'Smats"* 
ingly  and  wilfully  authorize  or  permit  the  same  to  be  sub- 
jected to,  or  suffer  unnecessary  torture  or  cruelty  shall  be 
punished  for  every  such  offence  in  the  manner  provided  in 
Section  1. 

Sec.  3.    Every  owner,  driver,  possessor  or  person  having  oid.  maimed 
the  charge  or  custody  of  an  old,  maimed  or  disabled  or  dis-  anima^is.^^*^ 
eased  horse,  mule  or  other  animal,  who  shall  cruelly  work  the 
same,  when  unfit  for  work,  or  cruelly  abandon  the  same,  shall 
be  punished,  for  every  such  offence,  in  the  manner  provided  in 
Section  1. 


972 


ORDINANCES. 


Transporta- 
tion of  ani- 
mals. 


Sec.  4.  Any  person,  company  or  corporation,  who  shall 
carry,  or  cause  to  be  carried,  in  or  upon  any  vehicle,  or  other- 
wise, any  animal  in  an  unnecessarily  cruel  or  inhuman  man- 
ner, shall  be  punished  in  the  same  manner  provided  in  Sec- 
tion 1. 


Arrest  and  Sec.  5.    It  shall  be  the  duty  of  all  police  officers  and  con- 

prosecution  .,     .  ,     .  „   , 

of  offenders,  stables  to  make  arrests,  and  prosecute  all  violations  oi  the  pro- 
visions of  this  ordinance  which  shall  come  to  their  notice  or 
knowledge ;  and  all  fines  collected  under  this  ordinance  shall 

Informer's  .  ,     t  n  i-p 

share  of  fine,  be  paid,  one-hali  to  the  mtormer  and  prosecutor,  and  the 
other  one-half  to  the  City  Treasurer  for  the  benefit  of  the  city. 


Acts  subject  Sec.  6.    This  ordinance  shall  appl^'  to  all  such  acts  or  vio- 

of  thiTor-""^  lations  within  the  limits  of  the  City  of  Wilmington,  and  any 

dmance.         violation  of  any  provisions  thereof  shall  be  deemed  and  taken 

to  be,  and  shall  constitute,  a  public  nuisance,  offensive  to  the 

public  sense  and  morals,  and  punishable  as  such. 


Birds. 


Muzzling 
dogs. 


Sec.  7.  The  words  dumb  animals  in  this  ordinance  shall 
be  construed  to  mean  and  include  pigeons,  swallows  and  all 
birds  moving  in  or  inhabiting  the  public  thoroughfares  of  the 
city. 

Passed  at  City  Hall,  November  3,  1870. 


AN  ORDINANCE  to  provide  for  the  muzzling  of  dogs  in  the 
City  of  Wilmington. 

Section  1.  Any  person  or  persons  owning,  harboring  or 
possessing  a  dog,  or  dogs  shall  cause  the  said  dog  or  dogs, 
whenever  it  or  they  shall  be  at  large,  and  not  held  upon  leash, 
between  the  first  day  of  ]\Iay  and  the  first  day  of  October  in 
each  and  every  year,  to  be  effectually  muzzled  and  secured, 
said  muzzle  to  be  attached  to  the  head  of  the  dog  in  such  a 
manner  as  to  prevent  biting,  said  muzzle  shall  be  a  good,  safe 
wire  muzzle  wide  enough  to  permit  the  dog  to  drink  and 
breathe  freely. 

Dogs  at 

miTmuzzVe'  ^^^-  ^-     Every  such  dog  found  running  at  large  within 

maybeim-    -j-j-^g  limits  of  the  City  of  Wilmington,  during  the  period  men- 
pounded.  ''  O         7  O  X 


ORDINANCES.  973 

tioned  in  Section  1  of  this  ordinance,  Avithoiit  such  muzzle, 
shall  be  seized  and  impounded,  and  after  having  been  kept  for 
forty-eight  (48)  hours  without  redemption,  maA^  be  killed  in  a 
speedy  and  least  painful  manner ;  any  person  claiming  a  dog- 
seized  under  the  provisions  of  this  ordinance,  and  proving 
ownership  thereof,  shall  be  entitled  to  resume  possession  of  ^ogg^''"'"^ 
the  same  on  the  pajTnent  of  the  sum  of  one  ( 1 )  dollar,  for  the 
use  of  the  city;  provided,  however,  that  such  claim  shall  be 
made  before  the  expiration  of  the  forty-eight  (48)  hours  after 
the  seizure  and  impounding  of  the  same. 

Sec.  3.  Any  person  or  persons  owning,  harboring  or  pos- 
sessing a  dog  or  dogs  which  shall  be  found  running  at  large 
unmuzzled,  and  not  held  upon  leash,  at  any  time  after  the  first 
day  of  Maj^  and  before  the  first  day  of  October  of  each  and 
every  year,  shall  upon  conviction  before  the  Municipal  Court, 
forfeit  and  pay  a  fine  of  two  (2)  dollars  for  every  offence,  to- Penalty, 
gether  with  the  costs  of  the  prosecution. 

Sec.  4.  The  Maj'or  shall,  if  in  his  opinion  the  same  shall 
be  for  the  advantage  and  benefit  of  the  citizens,  as  soon  as  may  contract  for 
be  after  the  passage  of  this  ordinance,  and  in  the  month  of  dogs!^  "^ 
April  in  each  year  thereafter,  enter  into  a  contract  with  the 
Delaware  Society  for  the  Prevention  of  Cruelty  to  Animals, 
or  any  other  society  or  parties,  for  taking  up,  killing  and  re- 
moving to  the  crematory,  of  all  unmuzzled  dogs  found  running 
at  large  in  the  City  of  Wilmington  between  the  first  day  of 
iMay  and  the  first  day  of  October  in  each  and  every  year,  in 
violation  of  this  ordinance,  provided  that  the  contract  so  en- 

,.,-,-,,,  .  ^-  n    n  ■,  Provisions. 

tered  into  shall  not  at  any  time  exceed  the  sum  of  four  Jiun- 
dred  dollars  ($400)  in  any  one  year. 

Sec.  5.     The  ]\Iayor  shall  at  all  times  have  the  power  to  powers  of 
revoke  the  contract   if   the    contractor  or  contractors  do  not  ^^^^■°''- 
carry  out  the  contract  to  the  Mayor's  satisfaction. 

Sec.  6.    The  contractor  authorized  by  the  ]\Iayor  as  afore-  Authority  of 
said,  or  any  agent  of  said  contractor,  shall  have  the  right  and  aslo  bitten 
power,  and  he  is  hereby  authorized  and  directed  to  seize  at  *^°^^" 
any  time  and  place,  any  dog  or  dogs  which  have  been  bitten  by 


974 


ORDINANCES. 


Penalty  for 
unlawfully 
removing 
muzzle. 


Municipal 
Court. 


Notice. 


another  dog  or  dogs,  and  impound  said  bitten  dog  for  a  period 
of  thirty  days ;  and  if  at  any  time  within  said  period  of  thirty 
days,  said  bitten  dog  shall  exhibit  sjTuptoms  of  hydrophobia, 
it  shall  be  killed,  as  provided  in  Section  2  of  this  ordinance. 

If  upon  the  expiration  of  said  period  of  thirty  days,  the 
said  bitten  dog  so  impounded,  shall  have  sho^^TL  no  symptoms 
of  hydrophobia,  it  shall  be  restored  to  its  owner,  and  all  costs 
of  the  seizure,  impounding  and  examination  of  every  such  bit- 
ten dog,  shall  be  paid  by  the  city. 

The  contractor  aforesaid,  shall  cause  an  examination  of 
every  bitten  dog  so  seized  and  impounded  under  this  section 
of  this  ordinance,  to  be  made  by  a  competent  veterinary  sur- 
geon, whose  decision,  as  a  result  of  said  examination,  shall  be 
final  and  conclusive. 

Sec.  7.  If  any  person  shall,  without  the  consent  of  the 
owner  or  the  person  in  possession  of  the  dog,  take  from  its 
head  the  muzzle  placed  thereon  according  to  the  first  section 
of  this  ordinance,  or  shall  obstruct  any  contractor  authorized 
by  the  Mayor  as  aforesaid  in  the  execution  of  this  ordinance, 
every  person  so  offending  shall,  upon  conviction  before  the 
Municipal  Court,  forfeit  and  pay  the  sum  of  five  dollars  ($5) 
for  every  offence,  together  with  the  costs  of  the  prosecution. 

Sec.  8.  All  complaints  of  the  violation  of  this  ordinance 
shall  be  heard  and  determined  by  the  Municipal  Court. 

Sec.  9.  This  ordinance  shall  take  effect  and  be  operative 
within  five  (5)  days  from  the  date  of  its  approval  by  the 
Mayor,  and  it  shall  be  the  duty  of  the  Mayor  to  cause  notice 
of  the  date  at  which  this  ordinance  is  to  go  into  operation,  to 
be  published  at  least  three  (3)  times  in  each  of  the  three  (3) 
daily  newspapers  of  the  City  of  AVilmington. 

Sec.  10.  All  ordinances  or  parts  of  ordinances  inconsist- 
ent herewith  are  hereby  repealed. 

Approved  June  26,  1902. 


ORDINANCES,  975 

AN  ORDIXAXCE  to  prevent  annoyance  from  dogs. 

Section  1.     [The  Hioli  Constable  shall  keep  a  register  of 

,  .        ,  .  ,  -,     •  p    ,        T  1      Registration 

dogs,  stating  therein  the  species,  color  and  size  or  the  dog,  the  of  dogs. 
name  of  the  owner  and  any  other  description  serving  to  iden-  Jan.  25, 1872. 
tify  the  dog  registered;  («)  and  for  the  registration  there  shall 
be  paid  to  him  for  the  use  of  the  city,  for  every  male  dog  one 
dollar,  and  for  every  female  dog  two  dollars ;  and  he  shall  de- 
liver to  the  persons  paying  as  aforesaid  a  metallic  stamp  with 
a  hole  in  it  and  the  letter  R  and  the  year  for  which  it  is  issued 
[and  a  number  to  correspond  with  the  receipt  given  by  the  ordinance  of 
High  Constable]  impressed  thereon,  to  be  attached  to  the  neck  Metallic 

'  medal. 

of  the  dog  registered.]  ^ 

(a)  Registering  a  clog  under  this  ordinance  does  not  make  it  per- 
sonal property,  and  therefore,  not  the  subject  of  larceny.  To  make  it 
personal  property  and  the  subject  of  larceny,  it  should  be  registered  with 
the  Clerk  of  the  Peace  of  the  county. 

Lore,  C.  J.:  " This  dog  was  not  registered  with  the  Clerk  of  the 
Peace  *  *  (Eev.  Code,  399)  which  expressly  made 
any  dog  so  registered  personal  property  and  the  subject  of  larceny,  but 
was  registered  under  the  Charter  of  the  town  of  Dover,  which  contains  no 
such  provision,  and  is  merely  a  police  regulation,  leaving  the  dog  as  at 
common  law,  not  the  subject  of  larceny." 

State  vs.  Butler,  2  Penn.  127  at  128.   (yr.  1899) 

See  p.  548  of  this  volume. 

[Sec.  2.-    The  ]\Iayor  is  hereby  authorized  to  appoint  (^0  Appointment 
as  many  persons  as  he  may  consider  necessary  for  the  purpose  catchers. 
of  causing  to  be  caught,  impounded,  killed  and  buried  all  dogs  Aug.  11,  isto. 
at  large  in  this  city  not  registered  according  to  the  pro\asions 
of  this  ordinance.] 

(a)  Comegys,  C.  J.:  "  *  the  Mayor  had  no  authority  under  the 
Charter  and  ordinances  of  the  city  to  ap- 
point him"  (dog-catcher)  "a  constable  or  policeman  to  perform  the  ser- 
vices for  which  the  action  had  been  brought. ' ' 

Foster  vs.  Mayor  and  Council  Wil.,  8  Houst.  415  at  419.   (yr.  1889) 

The  Mayor  had  appointed  the  dog-catcher,  a  police  officer,  it  was 
claimed.     The  Mayor  no  longer  appoints  policemen. 

See  Sec.  6  "a,"  p.  210  of  this  volume. 

At  the   expiration  of  twentv-f our  hours  from   the  '  im-  Killing  of 

impounded 

pounding  of  any  dog  it  shall  be  killed  and  buried,  provided,  <iogs. 


1.  For  ordinance  providing  for  contract  with  societies  or  individuals 
see  p.   977. 

2.  For  an  Act  giving  a  property  right  in  dogs,  see  24  D.  L.  p.  113.  (p. 
548  this  volume,   under  Miscellaneous  Acts.) 


976 


ORDINANCES. 


Reclaiming. 

Fees. 

Offender 
liable  for 
one  fine 
only. 

Impounding 
of  dog  with 
no  medal  on 
neck. 


Fee. 


Fee  for 
catching 
and  de- 
stroying. 

Fine  for 
registering. 

Ordinance  of 
Dec.  17,  1885. 


Barking  or 

howling. 


Informer. 


Non-resi- 
dents. 


the  person  entitled  to  such  dog  may,  during  that  period,  re- 
claim the  same  on  the  payment  to  the  High  Constable  of  five 
dollars  for  the  use  of  the  city,  and  one  dollar  to  the  person 
that  caught  and  impounded  the  dog,  and  the  offender  shall  not 
be  liable  for  the  violation  of  ordinance  on  account  of  which 
said  dog  was  impounded;  and  provided,  that  if  such  dog  was 
impounded  for  the  cause  only  of  not  being  registered,  it  may 
be  reclaimed  on  satisfying  the  High  Constable  that  the  dog 
was  registered  at  the  time  it  was  caught,  and  if  the  proper 
stamp  was  not  attachel  to  its  neck  when  caught,  on  paying  to 
him  fifty  cents  for  the  use  of  the  person  who  caught  and  im- 
pounded it. 

The  compensation  for  catching,  impounding,  killing  and 
burying  each  dog  shall  be  one  dollar. 

Sec.  3.  If  the  owner,  possessor  or  harbor er  of  any  dog 
shall  not.  before  the  twentieth  day  of  January  in  every  year, 
cause  the  same  to  be  registered,  [or  if  any  person  coming  into 
the  possession  of  any  dog  after  the  twentieth  day  of  January 
shall  not  immediately  cause  the  same  to  be  registered,]  («)  or 
shall  suffer  such  dog  while  on  his  premises  to  give  reasonable 
cause  of  annoyance  to  any  person  by  barking  or  howling,  every 
person  so  offending  shall  be  fined  five  dollars,  one-half  of  the 
fine  to  be  paid  to  the  informer,  provided  that  non-residents  of 
the  city  not  continuing  therein  at  any  one  time  longer  than 
two  days  are  not  required  to  cause  their  dogs  to  be  registered. 

(a)  One  keeping  a  dog,  and  not  having  it  registered,  violates  the  or- 
dinance, and,  of  course,  can  be  -fined  under  it,  but  the  fact  of  not  having 
had  a  dog  registered  is  not  admissible  evidence,  in  a  civil  action  for  dam- 
ages, by  one  who  was  bitten  by  an  unregistered  dog. 

— "a  witness  called  by  the  defence,  was  asked  in  cross-examination, 
"was  the  dog  registered?"  (3.52)  Upon  objection  being  made,  it  was 
contended  that  one  "could  show  the  defendant  was  keeping  the  dog  in 
direct  violation  of  an  ordinance  of  the  city."   (352) 

Lore,  C.  J.:  "  The  negligence  must  go  directly  to  the  accident.  Hei'e 
it  would  not.     The  objection  was"   (is)   "sustained." 

Barclay  vs.  Hartman,  2  Marv.  351  at  352.   (yr.  1896) 


Removal  of  §£(._  4^     jf  gny  persou  shall,  without  the  consent  of  the 

medals.  .    ^ 

owner  or  person  in  possession  of  any  dog,  take  from  its  neck 
the  stamp  placed  thereon  according  to  the  first  section  of  this 
ordinance,  or  shall  place  on  the  neck  of  any  dog  any  stamp  not 


ORDINANCES.  977 

issued  by  the  High  Constable,  or  not  issued  for  the  dog  oil  ^edais^^^^^ 
which  it  is  so  placed,  or  shall  obstruct  any  Constable  or  person  interfering 
appointed  by  the  Mayor  as  aforesaid  in  the  execution  of  this 
ordinance,  every  person  so  offending  shall  be  fined  five  dollars,  Fine. 
one-half  the  fine  to  be  paid  to  the  informer. 

Sec.  5.    If  the  owner,  possessor  or  harborer  of  any  female  ^rg^I'ln  heat. 
dog  shall  allow  the  same  to  be  at  large  in  this  city  while  in 
heat,  such  person  shall  be  fined  ten  dollars,  one-half  the  fine  to  informer, 
be  paid  to  the  informer. 

Sec.  6.    It  shall  be  the  duty  of  the  Constables  of  the  city  constables 

•^  •'  must  report 

to  make  complaint  to  the  Mayor  of  all  violations  of  this  ordi-  violations 

^  ''  under  pen- 

nance  of  which  they  have  knowledge,  and  any  Constable  on  aity. 
-failure  to  make  complaint  as  aforesaid  shall  be  fined  five  dol- 
lars, one-half  the  fine  to  be  paid  to  the  informer. 

Sec.  7.  All  complaints  of  violation  of  this  ordinance  shall  by  whom  ^' 
be  heard  and  determined  by  the  [Municipal  Court.]  Act  of  April 

13    1883 

Passed  at  City  Hall,  February  16,  1865. 


AN  ORDINANCE  to  empower  the  Mayor  to  enter  into  a  con- 
tract with  parties  for  the  taking-up,  killing  and  removing 
of  unregistered  dogs. 
Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.     That  the  Mayor  shall,  if  in  his  opinion  the  shaii  enter 

into  a  con- 
same  shall  be  for  the  advantage  and  benefit  of  the  citizens,  as  tract  with 

1  j>  1  p    1  •  T  t^®  Dela- 

soon  as  may  be  aiter  the  passage  of  this  ordinance,  and  m  the  ware  Society 

-,„",.  „  .  for  Preven- 

month  01  July  in  each  year  thereafter,  enter  into  a  contract  tion  of  cru- 

with  the  Delaware  Society  for  the  Prevention  of  Cruelty  to  mais. 

Animals,  or  any  other  society  or  parties  for  taking-up,  killing 

and  removing  to  the  City  Crematory,  of  all  unregistered  dogs 

at  large  in  the  City  of  Wilmington,  and  for  the  taking-up  and 

impounding  of  all  animals  at  large  in  said  city  in  violation  of 

the  ordinances  thereof;  provided,  that  the  contract  so  entered 

into  shall  not  at  any  time  exceed  the  sum  of  $1,800  in  any  one  cee^d  the 

sum  of  $1800 
year.  in  any  one 

year. 


978 


ORDINANCES. 


The  office  of 
dog  catcher 
shall  be 
abolished. 


Monthly  or- 
ders shall 
be  drawn  by 
Council. 


Mayor  shall 
have  power 
to  revoke 
the  contract. 


Sec.  2.  That  so  soon  as  the  contract  shall  have  been  en- 
tered into  as  herein  before  provided,  the  office  of  Dog  Catcher 
as  heretofore  provided  by  law  shall  cease  and  be  abolished,  and 
the  agent  or  agents  of  the  contracting  party  shall  for  all  the 
purposes  hereinbefore  specified  take  the  place  of  and  be  sub- 
stituted for  the  Dog  Catcher,  and  all  the  duties  and  rights  ini-' 
posed  and  conferred  on  the  present  Dog  Catcher  under  any 
ordinance  or  resolution  of  the  Council  are  hereby  imposed  and 
conferred  on  the  agent  or  agents  of  the  contracting  party  as 
fully  as  though  herein  specified;  provided,  that  all  fees  and 
fuies  imposed  b}^  law  and  which  have  heretofore  been  paid  to 
the  Dog  Catcher  shall  hereafter  be  paid  to  the  City  Treasurer 
for  the  use  of  the  city. 

Sec.  3.  Monthly  orders  shall  be  drawn  by  the  Council 
payable  to  the  order  of  the  contracting  party,  which  order 
shall  be  approved  bj^  the  Mayor  in  writing. 

Sec.  4.  The  Mayor  shall  at  all  times  have  the  power  to 
revoke  the  contract,  if  the  contractor  or  contractors  do  not 
comply  with  their  part  to  the  Mayor's  satisfaction. 

Passed  at  City  Hall,  June  27,  1895. 


Proposals 
for  city 
work  and 
materials  by 
contract 
system. 


Lowest  bid. 
Security. 


AN  ORDINANCE  providing  that  ivork  for  the  city  shall  he 
done  by  contract. 

Section  1.  For  all  work  and  labor  hereafter  required  to 
be.  done,  and  goods,  chattels,  wares,  merchandise,  materials, 
tools,  implements  and  machinery  to  be  furnished,  or  had  and 
used  by  or  for  account  of  this  city,  where  the  cost  in  any  par- 
ticular case  will  probably  exceed  the  sum  of  fifty  dollars,  the 
officer  or  committee  having  such  business  in  charge,  shall  pub- 
licly invite  sealed  proposals  for  the  doing  of  such  work  and 
the  furnishing  of  such  goods,  chattels,  wares,  merchandise, 
materials,  tools,  implements  and  machinery,  and  give  the  con- 
tract to  the  lowest  bidder  or  bidders;  («)  provided,  that  they 
may  require  from  all  or  any  of  the  bidders  security  for  the 
faithful  performance  of  their  contract ;  and  provided  further, 


ORDINANCES.  979 

that  nothing-  in  this  ordinance  shall  be  construed  to  apply  to  ^^epted^^^ 
the  mere  lajnng,  setting  or  fixing  of  water  pipes. 

(a)  Under  a  street  paving  ordinance,  which  recjuired  the  contract  to 
be  let  to  the  "lowest  bidder,"  the  Court  held,  if  the  bid  was  not  satis- 
factory to  the  city,  the  city  could  readvertise,  alter  plans,  &c.,  and  issue 
new  specifications. 

Keogh  vs.  Mayor  and  Council  Wil.,  4  Del.  Ch.  491  at  497.  (yr.  1872) 

It  also  held  it  could  (notwithstanding  said  ordinance)  insert  in  the 
advertisement  a  clause  reserving  the  right  to  "reject  any  or  all  bids," 
and  under  this  clause  could  ' '  even  have  preferred  a  higher  bid. ' '  498-9. 

One  who  bids,  under  such  conditions,  practically,  says  as  it  is  ex- 
pressed by 

The  Chancellor:  "I  propose  to  do  the  work  for  so  much,  provided 
you  "see  fit  to  give  me  the  job."  id.  499. 

Passed  at  Citv  Hall,  May  19,  1870. 


AN  ORDINANCE  providing  for  the  furnishing  of  security  l)y 
contractors  with  the  city. 

Section  1.  Whenever  the  city  officers,  or  any  of  them,  or  Bond. 
any  of  the  committees  of  Council,  shall  advertise  for  sealed 
proposals  for  any  public  work  or  contract  of  any  kind  whatso- 
ever for  or  on  account  of  this  city,  for  the  performance  of 
which  security  shall  be  required,  no  bid  or  proposal  from  any 
person  or  persons  therefor  shall  be  received  or  considered  un- 
less the  same  be  accompanied  with  a  bond  with  sufficient  free- 
hold surety  in  the  amount  designated  in  such  advertisements, 
with  condition  to  be  void  if  the  obligor  or  obligors,  being  the  condition, 
successful  bidder  or  bidders,  and  being  awarded  the  contract, 
shall  execute  such  contract  and  give  bond  for  its  faithful  per- 
formance, as  provided  for  in  Section  2  of  this  ordinance.  Pro- 
vided, however,  that  no  bid  shall  be  received  or  considered  ^''°'^'^^°- 
from  any  person  or  persons  who,  after  the  passage  of  this  ordi- 
nance, shall  have  failed  in  the  performance  or  due  execution 
of  any  contract  he  or  they  may  have  been  engaged  in  with  the 
corporation  of  the  City  of  Wilmington,  or  who,  in  bidding  for 
any  such  contract  for  the  city,  shall  not  have  furnished  with 
said  bid  the  freehold  security  required  in  this  section  as  a 
guarantee  of  the  good  faith  of  such  bid. 

Contractors. 

Sec.  2.  Every  contractor  for  any  public  work  or  contract 
of  any  kind  whatsoever  for  or  on  account  of  this  city,  for  the 
performance  of  which  security  shall  be  required  before  exe- 


980  ORDINANCES. 

cnting  said  contract  or  entering  upon  its  performance,  shall 
give  bond  with  sufficient  freehold  surety,  to  be  approved  by 
the  Committee  of  Council  having  such  business  in  charge,  in 
the  amount  required  and  stated  in  the  advertisement  for  the 
faithful  performance  of  the  work  or  contract. 

D^jty  of^city  g^,^    3     rpj^^  bonds  provided  for  in  Sections  1  and  2  of 

this  ordinance,  shall  be  drawn  and  prepared  by  the  City  So- 
licitor, and  shall  have  warrant  of  attorney  for  the  confession 
of  judgment  thereon  annexed.  Printed  blanks  for  proposals, 
with  the  bonds  provided  for  in  said  Section  1  attached  there- 
to, shall  be  prepared  and  kept  in  the  office  of  the  Clerk  of  the 
Council,  to  be  supplied  free  by  the  said  Clerk. 

Sec.  4.  No  member  of  the  Council  nor  any  offi.cer  of  this 
city  shall  be  surety  on  any  bond  given  under  the  provisions  of 
this  ordinance. 

Passed  at  City  Hall,  February  1,  1877. 


AN  ORDINANCE  to  prevent  the  contamination  and  pollution 
of  the  Brandyivine  creek. 

Contamina-  SECTION  1.    No  priv}',  urinal  or  other  construction  of  ease- 

Brandywine.  ment  shall  be  placed  or  allowed  to  remain  over  the  waters  of  or 

directly  upon  the  banks  of  the  Brandywine  or  it  tributaries 

above  the  first  city  dam. 

Wells  not  gEC.  2.    No  privy,  vault  or  reservoir  into  which  a  privy, 

nearer  than  ^  \    .-,■-,       ^     -.^   ^  j^tt 

150  feet  from  water  closet  of  cesspool  IS  drained,  shall  be  constructed,  dug 

1)3.  nks 

or  permitted  to  remain  within  150  feet  of  the  banks  of  the 
Brandywine  above  the  first  city  dam  unless  the  same  is  thor- 
oughly cemented  so  as  to  be  watertight. 


Nuisance. 


Sec  3.  Any  privy,  vault  or  reservoir  into  which  a  privy, 
water  closet  or  cesspool  is  drained,  within  150  feet  of  the  banks 
of  the  Brandywnne  above  the  first  city  dam,  which  is  not  made 
thoroughly  watertight  shall  be   considered   a  nuisance   and 


ORDINANCES.  981 

dealt  with  according  to  law  regulating  the  pollution   («)   of 
streams. 

(a)  See  Act  of  February  4,  1864,  12  D.  L.  Ch.  405,  Eev.  Code  oi' 
1893,  p.   926. 

The  city,  aside  from  the  above  ordinance,  and  the  statute  mentioned, 
as  a  riparian  proprieior,  has  a  right  to  have  the  waters  pure  and  uncon- 
taminated  by  the  riparian  owners  above.     See  the  cases  of 

JessLip  &  Moore  Paper  Co.  vs.  Ford,  6  Del.  Ch.  52  at  70.   (yr.  1887) 

Forman  vs.  Ford,  6  Del.  Ch.  47.  (yr.  1886) 

See  Sec.  2  "  a, "  p.  184  of  this  volume. 


Sec.  4.     It  shall  be  the  duty  of  the  Board  of  Health  of  puty  of 
city  to  enforce  proper  observance  of  t 
see  that  the  same  is  strictly  complied  with. 


this  city  to  enforce  proper  observance  of  this  ordinance,  and  Health. 


Sec.  5.     This   ordinance   shall  be   in   effect   immediately 
from  and  after  its  approval  by  the  INIayor. 

Approved  March  2,  1907. 


AN  ORDINANCE  authorizing  the  purchase  of  certain  lots  of 
land  for  the  extension  of  the  area  of  Brandywine  Park. 

Whereas,  A  majority  of  the  Board  of  Park  Commission-  preamble. 
ers  have  by  a  communication  dated  the  twenty-sixth  day  of 
October,  A.  D.  1899,  recommended  to  the  City  Council  that  the 
following  described  lots  or  parcels  of  land  be  purchased  for 
the  extension  of  the  area  of  the  Brandywine  Park,  to  wit : 

All  that  certain  lot  or  parcel  of  land  lying  between  Shall-  Description 

^  ^       o  jjn(j  location 

cross  and  Lovering  avenues  and  extending  easterly  from  Clay-  of  land, 
ton  street,  two  hundred  and  seventy-two  feet  and  five  inches 
(272  feet  5  inches). 

All  that  certain  lot  or  parcel  of  land  bounded  and  de- 

•  1      T  P  11  •  T^      •       •  1        •  •  ^  Description 

scribed  as  follows,  to  wit :  Beginning  at  the  intersection  oi  and  location 
the  northerly  side  of  Shallcross  avenue  with  the  westerly  side 
of  Clayton  street ;  thence  northerly  along  said  side  of  Clayton 
street,  fifty  feet  to  a  corner ;  thence  westerly  and  parallel  with 
Shallcross  avenue,  two  hundred  feet  to  a  corner ;  thence  north- 
erly and  parallel  with  Clayton  street,  two  hundred  and  fifty 
feet  to  the  southerly  side  of  Lovering  avenue ;  thence  thereby 
westerly  seventy-two  feet  three  inches  to  a  corner;  thence 


982 


ORDINANCES. 


southerly  and  parallel  with  Clayton  street,  three  hundred  feet 
to  the  northerly  side  of  Shallcross  avenue ;  and  thence  thereby 
easterly,  two  hundred  and  seventy-two  feet  three  inches,  to  the 
said  westerly  side  of  Clayton  street  and  place  of  beginning. 


Description 
and  location 
of  land. 


Authority 
for  purchase 
of  land  for 
pai'k  pur- 
poses. 
Title  to  be 
vested  in. 


Amount  to 
be  paid  not 
to  exceed. 


Description. 


AIL  that  certain  lot  or  parcel  of  land  lying  between  Clay- 
and  Rowan  streets,  and  extending 
cross  avenue,  seventy-five  feet  (75  feet), 


Description 
and  location 

of  land.  ton  and  Rowan  streets,  and  extending  southerly  from  Shall- 


All  that  certain  lot  or  parcel  of  land  lying  between  Gilpin 
and  Shallcross  avenues,  and  extending  westerly  from  Clayton 
street,  two  hundred  and  thirty-three  feet  and  nine  inches  (233 
feet  9  inches). 


Therefore,  Be  it  ordained,  by  the  Council  of  Wilming- 


ton. 


Section  1.  That  authority  is  hereby  given  for  the  pur- 
chase of  the  above  described  lots  or  parcels  of  land,  the  title  to 
the  same  to  be  vested  in  ' '  The  ]\Iayor  and  Council  of  Wilming- 
ton," by  deeds  from  the  respective  owners  of  the  same;  the 
amount  to  be  paid  for  said  lots  or  parcels  of  land  not  to  exceed 
the  sum  of  seventeen  thousand,  five  hundred  and  thirty-four 
dollars  and  fifty-cents  in  the  aggregate. 

Passed  at  the  City  Hall,  November  16,  1899. 


AN  ORDINANCE  authorizing  the  purchase  of  a  certain  tract 
of  land  for  the  extension  of  the  area  of  Brandywine  Park. 

Whereas,  A  majority  of  the  Board  of  Park  Commission- 
ers have  by  a  communication  dated  the  eleventh  day  of  Octo- 
ber, A.  D.  1902,  recommended  to  the  Council  that  the  follow- 
ing described  lot  or  parcel  of  land  be  purchased  for  the  ex- 
tension of  the  area  of  the  Brandywine  Park,  to  wit : 

All  that  certain  lot  or  parcel  of  land  beginning  at  the  in- 
tersection of  the  southerly  side  of  Eighteenth  street,  at  fifty 
feet  wide,  and  the  easterly  side  of  the  right  of  way  of  the  Bal- 
timore and  Ohio  Railroad,  thence  eastwardly  by  said  side  of 
Eighteenth  street,  one  thousand  one  hundred  and  thirty-six 


ORDINANCES.  983 

feet,  more  or  less  to  a  corner  of  lands  of  the  Mayor  and  Coun- 
cil of  Wilmington,  thence  thereby  southwardly  nine  hundred 
and  twent^'-three  feet  more  or  less  to  the  northerly  side  of  the 
right  of  way  of  the  Brandywine  branch  of  the  Philadelphia, 
Baltimore  and  Washington  Eailroad,  thence  thereby  west- 
wardly  six  hundred  and  twenty-seven  feet,  more  or  less,  to  an- 
other corner  of  lands  of  the  ]\Iayor  and  Council  of  Wilming- 
ton, thence  northwardly  by  said  lands,  five  hundred  and  fif- 
teen feet,  more  or  less  to  a  corner,  thence  westwardly,  still  by 
said  lands,  five  hundred  and  five  feet,  more  or  less  to  the  afore- 
said easterly  side  of  the  right  of  way  of  the  Baltimore  and 
Ohio  Railroad;  and  thence  thereby  northwardly  eight  hundred 
and  sixty  feet,  more  or  less  to  the  place  of  beginning,  contain- 
ing twent3^-four  acres. 

Section  1.     That  authority  is  hereby  given  for  the  pur-  Authority 
chase  of  the  above  described  lot  or  parcel  of  land,  the  title  to  lanc^for  ^^^ 
the  same  to  be  vested  in  ' '  The  Mayor  and  Council  of  Wil-  ^^^ 
mington, ' '  by  deed  or  deeds  from  the  respective  owner  or  own- 
ers of  the  same ;  the  amount  to  be  paid  for  said  lot  or  parcel  of 
land  not  to  exceed  the  sum  of  twenty-eight  thousand  eight 
hundred  dollars  ($28,800)  in  the  aggregate. 

Approved  December  26,  1902. 


AN  ORDINANCE  to  provide  for  the  purchase  or  acquisition 
of  land  for  the  extension  of  the  area  of  Kirk  wood  Park,  a 
public  park  of  the  City  of  Wilmington. 

Whereas.  A  majority  of  the  Board  of  Park  Commission- 
ers of  The  Mayor  and  Council  of  Wilmington,  have  by  their 
written  communication  dated  December  24,  1907,  which  is  on 
file  in  the  office  of  the  Clerk  of  Council  of  said  city,  recom- 
mended to  said  City  Council  the  pui-chase  or  acquisition  of  the 
lands  hereinafter  described  for  the  purpose  of  extending  the 
area  of  Kirkwood  Park,  a  public  park  of  said  city,  heretofore 
laid  out  and  opened  to  public  use ; 


984 


ORDINANCES. 


Authority 
to  purchase 
land. 


Condemna- 
tion. 


And  AVhereas,  Said  The  Council  of  the  city  aforesaid 
favor  the  acquisition  of  said  lands  for  the  purposes  above  set 
forth. 

Section  1.  The  authority  is  hereby  given  for  the  pur- 
chase or  acquisition  of  that  lot  of  land  in  the  City  of  Wilming- 
ton bounded  by  the  northerly  side  of  Twelfth  street,  the  east- 
erly side  of  Bennett  street  and  low  water  mark  in  the  Brandy- 
wine  river,  for  the  purpose  of  the  extension  of  the  area  of 
Kirkw^ood  Park,  a  public  park  of  the  Citj^  of  Wilmington, 
heretofore  laid  out  and  opened  to  public  use. 

Sec.  2.  That  if  The  Council  shall  be  unable  to  amicably 
agree  upon  a  purchase  price  for  any  or  all  of  said  land  with 
the  owner  or  owners  thereof,  then  and  in  such  case  said  lands 
may  be  taken  for  the  purposes  in  this  ordinance  set  forth  in 
accordance  with  the  provisions  of  Section  5  of  ai^  Act  of  the 
General  Assembly  of  the  State  of  Delaware  entitled  ' '  An  Act 
to  provide  for  public  parks  for  the  use  of  the  citizens  of  Wil- 
mington and  its  vicinity,"  passed  at  Dover,  March  13,  1883. 

Approved  April  6,  1908. 


AN  ORDINANCE  requesting  the  Mayor  to  execute  a  contract 
with  the  '* Wilmington  Institute." 

Whereas,  The  "The  Mayor  and  Council  of  Wilmington" 
is  authorized  by  Chapter  360,  Volume  22,  Laws  of  Delaware, 
to  make  a  contract  with  the  "Wilmington  Institute"  respect- 
ing payments  of  money  to  be  made  toward  the  support  of  free 
libraries  and  reading  rooms  in  the  Citv  of  Wilmington. 


Mayor  re- 
quested to 
make  con- 
tract with 
Wilmington 
Institute. 


Terms  of 
contract. 


Now  Be  it  ordained,  by  the  Council. 

Section  1.  That  the  ]\Iayor  be,  and  he  hereby  is,  re- 
quested to  enter  into  a  contract  with  the  "Wilmington  Insti- 
tute" to  the  following  effect,  to  wit: 

That  it,  the  "The  IMayor  and  Council  of  Wilmington" 
will  pay  to  the  said  "Wilmington  Institute"  the  sum  of  fifty 
($50.00)  dollars  per  year,  for  every  one  thousand  ($1,000.00) 


ORDINANCES.  985 

dollars  hereafter  bequeathed  or  donated  to  the  said  "Wilming- 
ton Institute,"  the  said  pajTiients  from  the  "The  Mayor  and 
Council  of  Wilmington"  to  be  used  by  the  said  institute  for  . 
the  support  of  free  libraries  and  reading  rooms  in  the  City  of 
Wilmington;  and  provided  further,  that  in  no  event,  shall  the 
sum  to  be  paid  by  the  ' '  The  ]\Iayor  and  Council  of  Wilming- 
ton ' '  under  any  contract  made  by  virtue  of  this  ordinance,  ex- 
ceed yearly,  the  sum  of  five  thousand  dollars.  («) 

(a)   See  p.  524,  note  "a"  of  this  volume. 

Approved  July,  1904. 


AN  ORDINANCE  to  provide  for  an  additional  annual  appro- 
priation for  the  Wilmington  Institute  Free  Lil)rary. 

Be  it  ordained,  by  the  Council  of  Wilmington  (two- 
thirds  of  the  members  thereof  concurring)  : 

Section  1.    From  and  after  the  passage  of  this  ordinance  Additional 
the  Wilmington  Institute  Free  Library  shall  receive  an  addi-  tion!°^^'^' 
tional  appropriation  («)  of  two  hundred  and  fifty  dollars  per' 
annum  from  City  Council,  to  be  used  in  the  establishment  and 
maintenance  of  a  department  for  the  blind  in  the  Wilmington 
Institute  Free  Library. 

(fl)  The  new  Constitution  went  into  ojieration  in  June,  1907.  The 
above  ordinance  was  passed  in  August,  1907.  Art.  8,  Sec.  8  of  the  Con- 
stitution reads  as  follows: 

i  i  -^Q  »  *  city,  town  or  other  municipality  shall  *  *  appro- 
priate money  to,  *  *  any  private  corporation,  or  any  person  or  com- 
pany whatever. ' ' 

The  Levy  Court  of  New  Castle  county  was  mandamused  by  "The 
Ferris  Industrial  School"  to  make  it  appropriate  money  to  it  under  a 
certain  statute.  It  was  claimed  the  school  was  a  private  corporation,  and 
the  constitutional  clause  above  mentioned  prohibited  it.     The  Court  said: 

Lore,  C.  J.:  "Would  it  not  be  *  *  unreasonable  to  hold,  that 
an  approj^riation  toward  the  maintenance  of  the  in- 
mates of  the  Ferris  Industrial  School,  who  have  been  committed  to  its 
custody  by  the  State  authorities,  is  within  either  the  letter  or  spirit  of 
Sec.  8,  Art.  8  of  the  Constitution,"  &e.  (604)  "Such  appropriation  is 
so  broadly  public  and  impersonal  in  its  scope  and  character  as  to  rebut, 
if  not  rebuke,  any  suggestion  of  private  emoliunent  or  private  interest, 
within  the  intendment  of  the  Constitution  which  clearly  means  that  the 
county  shall  not  be  a  party  in  or  to  private  corporations.  Upon  the  as- 
sumption, therefore,  that  this  is  a  private  corporation,  for  the  above 
reasons  we  consider  this  appropriation  not  to  be  within  the  prohibition  of 


986 


ORDINANCES. 

either  Section  8,  Article  8  *  *  of  the  Constitution,  for  the  reason 
that  the  corporation  being  j)enal,  reformatory  and  educational  in  its  jiur- 
poses, "  &c. 

State  vs.  Levy  Court,  1  Penn.  597  at  604-5.   (yr.  1899) 

Approved  August  20,  1907. 


Right  of 
way. 


Penalty. 


^AN  ORDINANCE  relating  to  the   right  of  way  of  amhu' 
lances. 

Section  1.  That  ambulances  shall  have  the  right  of  way, 
when  responding  to  calls,  or  when  conveying  sick  or  injured 
persons  along  the  streets  of  the  City  of  "Wilmington. 

Sec.  2.  That  the  motorman  of  any  car,  or  the  driver  of 
any  vehicle  of  any  kind  whatsoever,  or  any  other  person  or 
persons  in  any  way  obstructing,  delaying  or  in  any  manner 
interfering  with  ambulances,  while  responding  to  calls  or 
when  conveying  sick  or  injured  persons  along  the  streets  of 
the  City  of  Wilmington,  shall,  upon  conviction  thereof  before 
the  Judge  of  the  Municipal  Court,  be  fined  not  less  than  five 
dollars,  nor  more  than  ten  dollars,  for  each  and  every  offence. 

Approved  lAIay  24,  1904. 


Collectors 
of  taxes  to 
deposit 
moneys. 


AN  ORDINANCE  concerning  depositories  of  certain  moneys 
belonging  to  the  City  of  Wilmington. 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.  That  from  and  after  the  passage  of  this  ordi- 
nance, the  Assessors  and  Collectors  of  the  taxes,  and  all  other 
officers  of  the  City  of  Wilmington  (except  where  otherwise 
provided  by  statute),  shall  deposit  all  moneys  received  by 
them  during  the  current  fiscal  year  for  the  use  of  the  City  of 
Wilmington,  to  the  credit  of  The  Mayor  and  Council  of  Wil- 
mington in  "Union  National  Bank"  of  Wilmington,  Dela- 
ware. 


1.     See  Resolution  of  Street  and  Sewer  Department,  p.  1023  this  volume. 


ORDINANCES.  987 

Sec.  2.    All  monevs  so  deposited  shall  be  drawn  out  only  ^^?"5*^''  °^ , 

'■  *'  withdrawals. 

as  provided  by  Section  3-4  of  the  City  Charter,  provided,  how- 
ever, that  moneys  belonging  to  the  Board  of  Water  Commis- 
sioners shall  be  disbursed  as  provided  in  Section  13  of  an  Act 
entitled  ''An  Act  to  establish  a  Board  of  AVater  Commission- 
ers for  the  City  of  Wilmington,  and  for  other  purposes," 
passed  at  Dover,  April  18th,  1883. 

Sec.  3.    All  monevs  received  bv  said  Assessors  and  Col-  Deposits  to 

"  "  nn  p  p*^®  made 

lectors  of  Taxes  and  by  other  city  orncers,  for  the  use  of  the  daily, 
city  shall  be  deposited  daily,  and  the  officers  making  the  same 
shall  be  required  to  take  from  the  officers  of  the  institution 
where  such  monevs  are  deposited,  certificates  of  deposit  in  du- 

"  -^  '  ^  Duplicate 

plicate  m  form  provided  by  Council,  one  of  which  shall  be  de-  certificates. 
livered  immediately  thereafter  to  the  City  Auditor.  The  City 
Auditor  shall  give  to  the  officer  so  delivering  to  him  said  cer- 
tificate of  deposit,  duplicate  receipts  therefor,  one  of  which 
shall  be  filed  in  the  office  of  the  officer  depositing  such  moneys 
and  the  other  to  the  Chairman  of  the  Finance  Committee. 

Approved  August  24,  1907. 


AN  ORDINANCE  requiring  the  puhlication  of  accurate  de- 
tailed statements  of  the  receipts  and  expenditures  of  the 
City  of  Wilmington. 

Whereas,  At  the  city  election  held  on  the  first  day  of 
June,  in  the  year  1907,  the  question :  ' '  Shall  such  ordinance 
be  passed  as  will  require  the  publication  of  minute  and  accu- 
rate detailed  statements  of  the  receipts  and  expenditures  of 
the  city?"  received  a  majority  of  the  votes  cast  thereon  at 
the  said  election,  and  it  is  now^  the  duty  («)  of  the  Council  to 
adopt  such  ordinance  as  may  be  necessary  for  putting  into  ef- 
fect the  popular  will  thus  expressed ;  therefore, 

(a)  The  above  ordinance  was  passed  pursuant  to  a  vote  taken  at  an 
election  under  what  is  generally  known  as  the  Initiative  and  Eeferendum 
Act.  The  "Whereas  Clause"  of  the  ordinance  says,  "and  it  is  now  the 
duty,"  &c.,  of  The  Council  to  pass  the  ordinance,  and  a  failure  of  a 
Councilman  to  vote  for  the  ordinance  makes  it  a  misdemeanor,  &c.  This 
shows  that  a  puppet  is  made  of  "The  Council."  The  above  Initiative 
and  Eeferendum  Act  is  clearly  a  case  of  a  delegation,  by  the  Legislature, 
of  delegated  legislative  power,  involving  discretion  and  judgment,  to  the 


988  ORDINANCES. 

people.  The  maxim  is,  "delegatus  non  potest  delegari. "  This  canuot 
be  done  without  an  amendment  to  the  Constitution.  See  Sec.  8  "a,"  p. 
417  of  this  volume,  where  a  full  account  of  the  law  is  given,  and  the  case  of 
State  Del.  ex  rel.  The  Major  and  Council  Wil.  vs.  Sayers.  (yr.  1907) 
App.  Dock.  p.  42.5. 

City  Treas-  SECTION  1.  That  it  shall  be  the  duty  of  the  City  Treasurer 

pare  state^-"    to  prepare  and  deliver  to  the  Clerk  of  Council,  before  the  first 
ce!pts°  ^^'    day  of  July  in  each  year,  beginning  with  the  year  1908,  an  ac- 
curate detailed  statement  of  all  receipts  of  the  City  of  Wil- 
mington from  every  source  whatsoever  during  the  preceding 
year. 

City  Auditor  Sec.  2.    That  it  shall  be  the  dutv  of  the  Citv  Auditor  to 

to  prepare 

statement      prepare  and  deliver  to  the  Clerk  of  Council  on  or  before  the 

of  expen- 
ditures, thirty-first  day  of  July  in  each  year,  beginning  with  the  year 

1908,  an  accurate  detailed  statement  of  all  expenditures  of  the 
said  city  for  every  purpose  whatsoever  during  the  preceding 
fiscal  year,  arranged  under  the  headings  of  the  several  appro- 
priations for  said  fiscal  year. 

Clerk  of  Sec.  3.    That  it  shall  be  the  duty  of  the  Clerk  of  Council 

publish  within  thirty  days  after  the  receipt  of  the  statements  required 

emen  s.  -^^^^  Sections  1  and  2  of  this  ordinance,  to  cause  the  same  to  be 
published  in  pamphlet  form  and  in  such  numbers  as  will  best 
inform  the  public  of  the  facts  contained  in  such  statements, 
and  it  shall  be  the  further  duty  of  said  Clerk  of  Council  to 
cause  said  statements  to  be  distributed  among  the  taxpayers  of 
the  city. 

Failure  to  Sec.  4.    That  the  failure  or  refusal  of  the  City  Treasurer, 

perform  ,  _  ,  . 

duties  a  mis-  Citv  Auditor  or  Clerk  of  Council  to  perform  the  duties  herebv 

demeanor.       .       '  ^  - 

imposed  shall  be  deemed  a  misdemeanor,  and  be  punished  hy  a 
fine  at  the  discretion  of  the  trial  court.  Conviction  of  such  an 
offence  shall  operate  to  remove  the  offender  from  ofi&ce  and 
render  him  ineligible  to  hold  any  position  as  an  official  or  em- 
ploye of  the  City  of  Wilmington  for  a  period  of  five  years 
from  the  date  of  such  conviction. 

Sec.  5.    That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  are  hereby  repealed. 

Approved  September  14,  1907. 


ORDINxS^NCES.  989 

AX  OEDIXAXCE  making  appropriations  for  the  expenses  of 
the  City  of  Wilmington  for  the  fiscal  year  heginning  on 
the  first  day  of  July  A.  D.  1909,  and  ending  on  the  thir- 
tieth day  of  June,  A.  D.  1910. 

Be  it  ordained,  by  the  Council  of  Wilmington. 

Section  1.  That  the  sum  of  one  million  fifty -five  thou- 
sand one  hundred  and  thirty-one  dollars  $1,055,131.00)  be  and 
the  same  is  hereby  appropriated  for  the  expenses  of  the  city 
government  for  the  fiscal  year  beginning  on  the  first  day  of 
Jul}',  A.  D.  1909,  and  ending  on  the  thirtieth  day  of  June,  A. 
D.  1910,  specified  and  arranged  under  the  following  heads  and 
items,  to  wit : 

EXPENDITURES. 

Interest $  133,574.50 

Sinking  Fund  50,900.00 

Redemption  of  Loans  3,500.00 

Board  of  Education 221,609.96 

Board  of  Education— New  Schools 20,000.00 

Street  and  Sewer  Department 195,000.00 

Salaries 35,000.00 

Fire  Department   65,000.00 

Inc.  and  Misc 8,000.00 

Police  Department 103,500.00 

Public  Building  5,000.00 

Printing  and  Stationery 2,500.00 

Board  of  Health   7,500.00 

Board  of  Health— Special   1,000.00 

Park  Commissioners  18,000.00 

Public  Square 1,000.00 

Garbage   16,264.65 

Crematory   3,800.00 

"Wilmington  Institute  Free  Library  12,414.48 

Police  Committee 2,500.00 

Police  Pension  Fund 2,000.00 

Board  of  Water  Commissioners 120,000.00 

Harbor  Improvements 6,567.41 

Tax  Office 15,000.00    . 


990  ORDINANCES. 

Fuel  for  Poor 3,500.00 

City  Election  2,000.00 

$1,055,131.00 
Approved  June  10,  1909. 


PART  V 

Resolutions 


OF    THE 


Board  of  Directors 


OF    THE 


Street  and  Sewer  Department 


RESOLUTIONS. 


993 


EESOLUTIONS  OF  THE  BOARD  OF  DIRECTORS  OF 
THE  STREET  AND  SEWER  DEPARTMENT, 

As  Amended  and  in  Force  December  31st,  A.  D.  1909. 


Page 

1.  Placing   Signs  on    Poles  or  22. 
Trees 994 

2.  Regulating  the  Planting  of  23. 
Trees 995 

3.  To     Protect     Grass     Plots  24. 
Between    Curb    and    Prop- 
erty   Lines    995 

4.  Transferring     Gilpin    Ave- 
nue  Tree    Fund    996    j   25. 

5.  Provisions  Relating  to  Gil- 
pin   Avenue    996     '    26. 

6.  Waste  Paper  and   Rubbish 

Vessels 997        27. 

7.  Providing  for  the  Removal  28. 
of    Rubbish   and   Ashes...*.      998        29. 

8.  Concerning     Hand-bills, 
Circulars,    Dirt  or  Ashes..      999        30. 

9.  Spitting   in   Certain    Places  1000       31. 

10.  Deposits    of    Building    Ma- 
terial      1001        32. 

11.  Opening    Beds  of  Streets..    1004 

12.  Rates  for  Permits  to  Open  33. 
Streets    1005 

13.  Declaring    Defective   Side- 
walks   a    Nuisance 1006        34. 

14.  Unpaved    Spaces    of    Side- 
walks       1007       35. 

15.  Regulating    the    Construc- 
tion  of   Cement  Sidewalks  36. 
and    Curbs    1008 

16.  Fixing   the  Price  of  Curb-  37. 
stones   1010 

17.  Curb    Corners    1010       38. 

18.  Setting    Curbstones    1011 

19.  Regulating      Street      Mar-  39. 
kets   1012    I 

20.  Permission    to    Use    Street  40. 
Markets   1012 

21.  Market       for        Christmas  41. 
Trees    1013 


Page 
Regulating     the      Erection 

of    Bay   Windows,   &c 1013 

Prohibiting  the  Construc- 
tion of  Cellar  Ways,  <S.c..  1016 
Regulating  the  Extension 
of  Steps,  &c.,  on  Certain 
Part  of  Pennslyvania Ave- 
nue      1017 

When     Deeds     for     Street 

Beds  to  be  Accepted 1018 

Relating   to  Snow  and    Ice 

on    Sidewalks    1018 

Coasting    on    Sidewalks...   1020 

Coasting    on    Streets 1020 

Prohibting    Roller    Skating 

on    Sidewalks    1021 

Concerning    Bicycles,   &c..    1022 
Additional  Provisions  Con- 
cerning   Bicycles    1023 

Right    of    Way    of    Ambu- 
lances    1023 

Requiring       Fenders      and 
Wheel  Guards  on    Railway 

Cars 1024 

Requiring  Street  Car  Com- 
panies to  Sprinkle  Streets  1026 
Preventing     the     Blocking 

of  Street   Cars    1027 

Preventing        Unnecessary 
Noise  by  Street   Cars,   &c.   1029 
Unused      Railway      Grants 

Revoked    1031 

Annulling    Unlimited    Con- 
sent   to    Railways    1031 

Requiring     Railway     Com- 
panies   to    Use    Franchises   1032 
Leasing   Front  and  Church 

Street    Wharf    1033 

Dividing      the      City      Into 
Districts    1033 


994 


KESOLUTIONS. 


42. 
43. 


44. 
45. 


46. 


47. 


49. 


51. 


52. 


53. 


54. 


Pag-e    [ 

Assistant   Clerk    1034        55. 

Bookkeeper   to    be    Assist- 
ant Secretary    1034        56. 

Engineer    of    Sewers 1035 

Creating    a    Plumbing    In- 
spector,      and       Providing  I    57. 
Rules    Relative   to    Plumb- 
ing,   &c 1036       58. 

Corner      of      Sidewalk      at 
Maryland        Avenue       and  ,    59. 

Reed   Street   1055 

Sidewalk    at    Seventh    and  60. 

Church    Streets    1056 

Changing     the      Name     of 

Front   Street    1057    '    61 . 

Changing     the     Name     of  < 

Part    of    Hazlet    Street 1057        62. 

Changing     the      Name     of 

"Forty-foot"    Street    1057        63. 

Changing      the      Name     of 

Concord   Pike  and   Morrow  64. 

Street   1058 

Changing    the    Name    of    a  65. 

Portion       of      Thirty-sixth 

Street   1058        66. 

Changing     the     Names     of 

Certain    Streets    1059        67. 

Vacating    Parts    of    Third, 

Fourth,     Spruce,     Church,  68. 

and     Robinson    Streets....    1060    : 


Page 
Vacating    Parts  of  Lobdell 

and    Other   Streets    1061 

Vacating     Part    of    Wood- 
lawn     Avenue     and     Other 

Streets    1061 

Vacating     Portions     of     B 

and    Other   Streets    1062 

Vacating      a      Portion      of 
West    Fourteenth    Street..    1063 
Vacating    a    Part    of    Six- 
teenth   Street    1064 

Vacating  a  Part  of  Thirty- 
third      Street     and      Other 

Streets    1064 

Vacating  a  Part  of  Water 

Street    1065 

Vacating  a  Part  of  Bowers 

Street   1066 

Vacating   a   Part  of   Canal 

Street   1067 

Vacating    a    Part   of   War- 
ner   Street    1068 

Vacating  a  Part  of  Thirty- 
fourth    Street    1069 

Vacating    a    Part   of    West 

Liberty   Street    1069 

Vacating    a    Part    of    Lln- 

wood    Avenue    1070 

Fixing    the    Fiscal    Year..    1071 


A  RESOLUTION  in  relation  to  placing  of  signs  on  poles  and 
on  trees  in  the  City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 


Signs  or  ad- 
vertising on 
trees  and 
poles  pro- 
hibited. 


Penalty. 


Section  1.  That  any  person  or  persons,  company,  firm  or 
corporation  placing  or  causing  to  be  placed  any  sign,  adver- 
tisement or  show  bill  on  any  pole  used  for  telephone,  tele- 
graph, light  or  power  purposes,  or  for  any  other  purposes,  or 
on  trees,  located  on  the  public  streets  or  highways  of  the  City 
of  Wilmington,  Delaware,  shall  be  guilty  of  a  common  nui- 
sance and  upon  conviction  thereof  in  the  ^lunicipal  Court 
shall  forfeit  and  pay  a  fine  of  five  dollars  and  an  additional 
fine  of  five  dollars  for  every  twenty-four  hours  that  such  nui- 
sance is  continued. 


RESOLUTIONS.  995 

Sec.  2.     That  all  ordinances  or  resolutions  or  parts  of 
same  inconsistent  herewith  are  hereby  superseded. 

Adopted  August  27,  1907. 


A  RESOLUTION  regulating  the  planting  of  trees  in  the  side- 
walks of  streets  within  the  limits  of  the  City  of  Wilming- 
ton. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  Wilmington,  Delaware:- 


Section  1.     Every  person  shall  be  at  liberty  to  plant  j^g^^^^""! 


Planting  of 


ees 


shade  trees,  except  such  as  are  known  as  ' '  Carolina  or  Cotton-  prohibited. 
wood"  poplars,  "Lombardy"  or  other  trees  of  the  same  fam- 
ily of  poplar  trees  above  mentioned,  in  the  outer  edge  of  any 
paved  or  other  footway  or  sidewall^,  within  the  curb  line  or 
stones  and  not  more  than  twelve  inches  in  the  nearest  part 
from  said  curb  line  or  stone,  provided,  however,  that  any  per- 
son or  persons  owning  property  in  front  of  any  tree  or  trees, 
planted  as  hereinbefore  provided,  shall  keep  such  tree  or  trees 
properly  trimmed,  and  remove  such  tree  or  trees  at  any  time  Trees  to  be 
when  deemed  necessary,  upon  notice  so  to  do,  by  the  Street  up^"^^o1;ice 
Commissioner  or  such  other  person  or  persons  having  juris-  commis-^^'^ 
diction  in  such  matters.  sioner. 

Adopted  August  3,  1897. 


A  RESOLUTION  to  protect  and  preserve  the  grass  idiots  he- 
tween  the  ciirh  and  property  lines  of  the  streets  of  the 
City  of  Wilmington. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.     If  any  person  shall  wilfully  or  negligently 
ride,  drive  or  lead  a  horse,  cow,  beast  of  burden  or  any  cattle,  animals  or 
or  a  wagon,  cart,  gig,  bicycle,  sled,  or  other  carriage  or  vehicle  grass^pio*ts 
on  any  of  the  grass  plots  between  the  property'  and  curb  lines  Prohibited. 
of  any  of  the  streets  or  avenues  within  the  limits  of  the  City 
of  Wilmington,  or  if  any  person  shall  permit  or  suffer  the 


996 


RESOLUTIONS. 


Penalty. 


Grazing  of 
animals  on 
grrass  plots 
between 
curb  and 
property  line 
prohibited. 


same  to  be  so  ridden,  driven  or  led  on  the  grass  plots  of  any  of 
the  streets  or  avenues,  or  if  any  person  shall  wilfully  or  neg- 
ligently trample  on  any  of  the  grass  plots  aforesaid,  every 
such  person  so  offending  and  the  owner  of  such  animal  or  ve- 
hicle, shall  each  upon  conviction  thereof  in  the  Municipal 
Court  for  said  city,  be  punished  by  a  fine  of  not  less  than  one 
dollar  ($1)  nor  more  than  ten  dollars  ($10). 

Sec.  2.  If  any  person  sliall  permit  or  suffer  any  horse, 
cow  or  other  cattle  to  graze  or  pasture  upon  any  of  the  grass 
or  foliage  upon  any  of  the  grass  plots  between  the  curb  and 
property  lines  of  the  streets  and  avenues  of  the  City  of  Wil- 
mington, such  person  so  offending  shall,  upon  conviction 
thereof  in  the  Municipal  Court  of  said  city,  be  punished  by  a 
fine  of  not  less  than  one  dollar  ($1)  nor  more  than  twenty  dol- 
lars ($20). 

Adopted  May  12,  1903. 
Re-adopted  May  7,  1907. 


A  RESOLUTION  to  transfer  the  Gilpin  Avenue  Tree  Fund 
to  the  Board  of  Park  Commissioners. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department: 

Tree  fund  to  SECTION  1.    That  the  fund  known  as  the  ''Gilpin  Avenue 

missioners.  t^^^q  Fund,"  be  transferred  to  the  Board  of  Park  Commis- 
sioners, said  fund  to  be  used  for  the  sole  purpose  of  which  it 
was  expressly  donated. 

Adopted  July  1-1,  1896. 


Preamble. 


A  RESOLUTION  in  relation  to  Gilpin  avenue. 

Whereas,  By  an  Act  passed  ]\Iay  5th,  1891,  this  board  is 
authorized  and  empowered  to  change  and  determine  the  curb 
lines  on  Gilpin  avenue ;  and  also  to  define  and  determine  what 
parts  of  said  avenue,  between  the  curb  and  property  lines, 


RESOLUTIONS,  997 

shall  be  paved,  and  the  width  and  character  of  such  pave- 
ments; therefore 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.    That  the  curb  lines  on  Gilpin  avenue  shall  be  curb  lines. 
twenty  feet  from  the  property  lines,   leaving  the  roadway 
thirty  feet  wide. 

Sec.  2.     That  eight  feet  in  width  of  the  spaces  between  ^dewaiks, 
the  curb  and  property  lines  and  adjoining  the  property  lines  ^'^^^'^  °^- 
shall  be  paved  with  brick  or  other  approved  material  as  side- 
walks, leaving  for  trees  and  grass  the  spaces  that  will  remain 
.between  such  sidewallvs  and  the  curbs,  excepting  such  trans- 
verse walks  between  sidewalks  and  curbs  as  may  be  desirable. 

Adopted  June  1,  1892. 


A  RESOLUTION  relating  to  nuisances  and  regulating  use  of 
waste  paper  and  rnhhish  vessels. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  Wilmington,  Delaware :  -o       ,  ^ 

and  supplied 

Section  1.^         '"         *•        '•-        #-*•*=*  ^.-^^  ^j^^^.  ^^^ 

1907. 

Sec.  2.     Vessels  belonging  to  the  city  located  in  various  ^.j^^  j-ecep- 
public  places  throughout  the  city  may  be  used  as  receptacles  pap|r/&c. 
for  all  paper  and  waste  hereinabove  mentioned,  and  any  per- 
son or  persons  displacing  or  defacing,  or  in  any  manner  abus- 
ing such  vessels,  shall  forfeit  and  pay  the  same  fines  as  pro-  ^e^^cinj°^ 
vided  for  offences  in  the  first  section  of  this  resolution. 

Sec.  3.     This  resolution  shall  not  be  construed  to  inter-  Not  apply  to 
fere  in  any  manner   with    the    regulations  concerning  waste  tors. 
paper  and  rubbish  placed  for  collection  by  the  ashes  and  rub- 
bish contractor. 


1.     See  Resolution  May  14,  1907,   (Sec.  1)  p.  999  of  this  volume. 


998 


RESOLUTIONS. 


Notice  of 
resolution 
to  be  pub- 
lislied. 


Sec.  4.  This  resolution  shall  become  and  be  of  full  force 
and  virtue  on  and  after  ten  days  from  the  date  of  its  passage ; 
and  a  publication  in  at  least  two  daily  papers  of  the  City  of 
Wilmington  for  a  period  of  at  least  three  days,  within  a  rea- 
sonable time  after  its  adoption  shall  be  construed  to  be  of  suf- 
ficient notice  and  warning. 

Adopted  May  22,  1900. 


A  EESOLUTION  providing  for  the  removal  of  ruhhish  and 
ashes. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington : 


Removing 
aslies  super- 
vised by 
Street  Com- 
missioner. 


Contractors 
to  remove 
housekeep- 
ing rubbish 
each  week. 


Section  1.  That  the  work  of  removing  ashes,  dirt  and 
other  rubbish,  incidental  to  housekeeping,  shall  be  under  the 
supervision  of  the  Street  Commissioner.  It  shall  be  the  duty 
of  the  person  or  persons  contracting  for  the  removal  of  same  to 
cause  to  be  removed,  all  cut  grass  from  yards  and  lawTis,  ashes^ 
dirt  and  other  rubbish  incidental  to  housekeeping  from  all  of- 
fices, stores,  hotels,  public  schools,  city  buildings  and  from  all 
other  buildings  whatsoever  within  the  limits  of  the  City  of 
Wilmington  (except  ashes  and  rubbish  produced  from  manu- 
facturing or  commercial  pursuits),  each  and  every  week,  by 
districts,  on  such  day  or  days  as  the  Street  Commissioner  may 
select,  and  deposit  the  same  in  such  place  or  places  as  said 
Street  Commissioner  may  direct. 


Ashes  and  Sec.  2.    Any  person  or  persons,  firm  or  corporation,  de- 

deposlted^in  siring  ashcs  or  rubbish  to  be  removed,  shall  deposit  the  same 
in  a  vessel  or  vessels,  which  shall  not  contain  more  than  the 
quantity  that  could  be  placed  in  an  ordinary  flour  barrel  and 
place  such  vessel  or  vessels  at  the  curb  on  the  street  before  the 
On  curb  be-  premises  respectively  from  which  the  same  are  brought,  which 
shall  be  set  at  the  curb  before  seven  o'clock  in  the  morning. 


Ashes  and 
rubbish  to 


Provided,  however^  that  ashes  must  be  placed  in  a  vessel 
separated,  ggpf^j-ate  from  rubbish.     Ashes  and  rubbish,  if  placed  in  the 
same  vessel,  will  not  be  removed. 


RESOLUTIONS.  999 

Sec.  3.     All  ordinances  or  resolutions  inconsistent  here- 
with are  hereby  repealed. 

Adopted  July  28,  1896. 


A  RESOLUTION  concerning  offences  against  the  puhlic  econ- 
omy and  certain  nuisances. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.  If  any  person  shall  cast  or  place  or  canse  to 
be  cast  or  placed  in  any  street,  highway,  lane  or  alle^''  of  the 
City  of  Wilmington,  or  on  the  sidewallvs  or  footways  thereof, 
or  upon  the  porches  or  steps  of  any  dwelling  or  other  build- 
ing  within  the  limits  of  the  said  city  any  paper,  advertise-  of  circulars, 

*=  J  J     I     I'      ■)  hand  bills, 

ment,  handbill,  circular  or  waste  paper,  such  person  or  persons  &c..  in  city 
shall  be  deemed  guilty  of  a  common  nuisance  and  shall  forfeit  nuisance. 
and  pay  a  tine  not  exceeding  ten   (10)  dollars  nor  less  than 

^    -^  t>  V       /  Penalty. 

two  (2)  dollars  for  each  and  every  offence. 

Provided,  that  nothing  herein  contained  shall  be  held  to  Exception  as 
apply  to  the  distribution  of  the  latest  issue  of  newspapers,  ad-  papers,  &c. 
dressed  envelopes,  or  regularly  published  magazines  or  period- 
icals. 

Sec.  2.    If  any  person  shall  place  or  cause  to  be  placed  on  fj^es"  dirt, 
any  public  street  in  this  city  any  ashes,  dirt,  rubbish,  offal  or  pu{)'ifc"street 
other  thing,  except  as  prescribed  and  allowed  by  the  ordi-  ^  nuisance. 
nances  of  the  city,  such  person  or  persons  shall  be  deemed 
guilty  of  a  common  nuisance  and  shall  forfeit  and  pay  a  fine 
not  exceeding  five  dollars  and  an  additional  fine  not  exceeding  penalty, 
five  dollars  for  every  twenty-four  hours  that  such  nuisance  is 
continued,  provided,  that  persons  in  removing  any  article  or 
substance  from  their  premises   may    place    the   same  on  the 
street,  between  the  curb  lines,  temporarily  if  such  article  or  Exception, 
substance  be  not  offensive,  and  shall  remove  it  therefrom  be- 
fore night  of  the  same   day   on   which   it   was   placed  on  the 
street;  provided,  further,  that  this  resolution  does  not  alter  or 


1000 


EESOLUTIONS. 


Further 
exception. 


affect  the  ordinances  concerning  nuisances  injurious  to  the 
health  of  the  city. 

Sec.  3.  This  resolution  shall  not  be  construed  to  interfere 
in  any  manner  with  the  regulations  concerning  ashes  and  rub- 
bish placed  on  the  sidewalks  for  collection  by  the  city. 

Sec.  4.  All  ordinances  or  resolutions  or  parts  of  the  same 
inconsistent  herewith  are  hereby  repealed. 

Adopted  May  14,  1907. 


^A  RESOLUTION  to  prevent  spitting  in  certain  puhlic  places 
in  the  City  of  Wilmington. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.    It  shall  be  unlawful  on  and  after  the  passage 
sMewans°'^    of  this  resolution  for  any  person  to  spit  on  the  sidewalk,  cross- 
prohibited,     walk  or  footway  of  any  public  street  in  the  City  of  Wilming- 
ton, Delaware. 

Definition.  Sec.  2.    The  term  spitting  as  referred  to  in  this  resolution 

shall  be  defined  as  follows  : 


The  act  of  expelling  anything  from  the  chest,  throat, 
mouth  or  nose. 

Sec.  3.  Any  violation  of  this  resolution  shall  be  punish- 
able by  a  fine  of  not  less  than  one  dollar  nor  more  than  five 
dollars  for  the  first  offence  and  not  less  than  two  dollars  nor 
more  than  five  dollars  for  each  succeeding  offence. 


Penalty. 


Adopted  November  12,  1907. 


1.     See  ordinance  passed  Oct.   26,  1907,  p.   764   of  this  volume. 


RESOLUTIONS.  1001 

RULES  AND  REGULATIONS  concerning  deposits  of  huild- 
ing  material  in  the  streets. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department,  as  folloMS  : 

Section  1.    No  person  or  persons  shall  deposit  or  place  in  Deposit  of 
any  street,  lane  or  alley  or  other  public  place  of  this"  city,  any  teriai  in 
materials  to  be  used  in  the  erection,  alteration  or  repair  of  hib1te(L^°' 
any  house,  building  or  structure  or  for  any  other  purpose, 
without  a  permit  having  been   obtained  therefor   from   the  Board.   '^°™ 
Board  of  Directors  of  the  Street  and  Sewer  Department,  as 
hereinafter  provided. 

Sec.  2.    Any  person  who  has  obtained  from  the  Building  persons  hav- 
Inspector  of  this  city  a  license  for  the  erection,  alteration  or  fTOrn  Buiid- 
repair  of  any  house,  building  or  structure  in  this  city,  or  any  tormust^^ 
other  person  who  shall  have  occasion  to  deposit  material  for  Board.  ° 
building  or  other  proper  purposes  in  any  street,  lane  or  alley 
of  this  city,  shall  apply  to  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  for  a  written  permit,  and  thereupon 
the  Secretary  of  said  Directors  may  issue  a  written  permit  to 
use  a  part,  therein  stated,  of  said  street,  lane  or  alley,  for  a 

.     ,  -,.  •  ,1  1  •    1  •  n  'i  1  Permit  for 

period  not  exceeding  six  months  which  said  permit  may  be  re-  six  months. 
newed  on  like  application  until  such  house,  building  or  struc-  Renewal. 
ture,  or  other  work  shall  have  been  completed.     But  it  shall 
not  be  lawful  for   anj^   person  to   whom   such   permit   shall 
be  granted  to  use  or  occupy  any  portion  of  said  street  ex- 
cept immediatelv  in  front  of  the  lot  on  which  said  house,  build- 

'  1-11  i?     1      Consent  of 

mg  or  structure  is  to  be  erected,  without  the  consent  of  the  property 

owners  be- 

o\\Tiers  of  the  adjacent  property,  or  to  use  or  occupy  more  fore  using 
than  one-third  of  the  width  of  the  said  street  between  the  curb  property? 
lines.  .AH  material  not  required  in  the  rebuilding  operations 
must  be  immediatelv  removed.    The   permanent   storage  of 

Permanent 

building  or  other  materials  on  the  streets  will  not  be  permit-  storage  pro- 

'  .  hibited. 

ted. 

Sec.  3.     The  sidewalk  in  front  of  said  premises  shall  be  sidewalks 

11-  P  TIP  1-  T-ii     rnust  be 

kept  at  all  times  tree  and  clear  tor  pedestrians,  and  suitable  clear. 


1002 


RESOLUTIONS. 


provisions  maintained  when  the  same  is  removed  for  altera- 
tions or  other  purposes. 


Sec.  4.  The  material  shall  occupy  a  space  of  uniform 
width ;  and  brick  jind  stone  piled  solid  shall  not  exceed  eight 
(8)  feet  in  height,  nor  shall  the  same  be  placed  within  three 
(3)  feet  of  any  railroad  track,  nor  within  four  (4)  feet  of  any 
city  lamp  post  or  ten  (10)  feet  of  any  fire  hydrant,  nor  so 
must  not  be  placed  as  to  obstruct  the  free  flowage  of  water  along  the  gut- 

an  obstruc-  .      „  „  .  o  o 

tion.  ter  m  front  of  anv  property  or  inlets  to  sewers. 


Space  occu- 
pied must 
be  uniform. 


Materials 


Light  must 
be  placed  at 
night. 


Sec.  5.  In  all  cases,  suitable  and  sufficient  lights^  are  to 
b  3  placed  upon  such  building  materials  at  twilight  in  the  even- 
ing, and  the  same  are  to  be  kept  burning  all  night  and  every 
night  until  such  building  or  other  materials  are  removed  from 
such  street. 


Fences  Sec.  6.    Fences  must  be  erected  to  guard  excavations  and 

ca%^tions'."     to  prevent  pedestrians  from  falling  into  the  excavations. 

Streets  must  ^^^-  ""^  •     ^^^^  streets  adjacent  to  the  operations  shall  be 

dai?''^^"^*^  cleaned  each  day  hy  the  party  or  parties  in  charge  of  such  op- 
erations, of  all  waste,  dirt,  droppings  from  carts  and  build- 
ing debris. 


Permit  is 
conditional. 


The  Mayor 
and  Council 
to  be  in- 
demnified. 


Sec.  8.  The  permit  is  issued  conditional  that  all  material 
and  obstructions  shall  be  removed  from  the  street  within  six 
hours  after  notice  is  served.  In  case  of  any  street  opening,  or 
repairing  or  laying  of  water  pipes,  gas  pipes,  sewers,  subways 
or  other  improvements  or  alterations,  the  permit  is  hereby  re- 
voked, and  all  material  must  be  immediately  removed  without 
further  notice.  The  party  to  whom  the  permit  is  issued,  takes 
and  accepts  such  permit  subject  to  these  conditions,  and  the 
condition  that  the  said  party  shall  and  will  save  ' '  The  Mayor 
and  Council  of  Wilmington,"  Delaware,  its  successor  or  as- 
signs, harmless,  of  and  from  all  actions,  suits,  controversies, 


1.     See  ordinance  passed  March  24,  18S2.  p.  949  of  this  volume. 

See  p.  1002  this  volume. 

See  Sec.  34  of  Resolution  passed  March  26,  1901.  p.  1052  of  this  volume. 


RESOLUTIONS.  1003 

claims  and  demauds  "whatsoever  which  may  be  brought  or 
made  against  the  said  corporation  by  any  person  or  persons 
for  or  on  account  of  any  damage  or  injury  they  may  have  re- 
ceived or  sustained  through  or  by  reason  of  any  carelessness, 
neglect,  want  of  skill,  or  of  any  act  or  omission  on  the  part  of 
the  party  accepting  such  permit. 

Sec.  9.    Anv  violation  of  the  ordinances  relating  to  bar-  violation  of 

conditions 

riers,  erection  of  fences,  placing  sufficient  lights  to  prevent  ac-  to  cause  re- 

"'     .  "  .   .  vocation. 

cidents.  or  failure  to  comply  with  the  above  conditions,  or 
either  of  them,  will  be  sufficient  cause  for  revocation  of  the 
permit,  and  the  commencement  of  proceedings  to  recover  pen- 
alties for  the  violation  of  the  same. 

Sec.  10.  If  any  person  shall  deposit  any  materials  for 
building  or  other  purposes  in  any  street,  lane  or  alley  of  this 
city  without  a  permit  having  been  granted  therefor  as  herein 
provided,  upon  conviction  thereof  before  the  Municipal  Court 
of  this  city  shall  forfeit  and  pay  a  fine  of  twenty-five  dollars.  Penalty, 
besides  the  costs  of  suit. 

Sec.  11.  If  any  person  shall  suffer  any  building  or  other 
materials  to  be  and  remain  in  any  street,  lane  or  alley  of  this  ^^ifaitieT^ 
city  after  the  permit  therefor  shall  have  expired ;  or  shall  neg- 
lect or  refuse  to  place  and  maintain  red  lights  on  deposits  of 
such  building  or  other  material  as  herein  provided ;  or  shall 
neglect  to  surround  and  inclose  such  deposits  with  proper  and 
sufficient  safeguards  or  barriers  against  accidents ;  or  shall 
violate  any  of  the  provisions  of  these  rules  and  regulations, 
upon  conviction  thereof  before  the  Municipal  Court,  every  one 
so  offending  shall  forfeit  and  pav  a  fine  of  ten  dollars  besides 

.        n        • ,  "  Penalty, 

costs  01  suit. 

Sec.  12.  All  ordinances  or  resolutions  or  parts  of  ordi- 
nances or  resolutions  (including  all  ordinances  and  parts  of 
ordinances  heretofore  passed  by  the  City  Council  and  now  in 
force)  inconsistent  herewith  are  hereby  repealed. 

Adopted  February  1,  1898. 


1004 


RESOLUTIONS. 


Preamble. 


Permit. 


Responsi- 
bility for 
accidents. 


^A  RESOLUTION  relative  to  the  opening  of  heds  of  streets. 

Whereas,  The  digging  up  of  the  streets  for  the  purpose 
of  laying  private  water  pipes  from  mains  in  streets  and  for 
making  connections  with  sewers,  and  for  repairing  said  pipes 
by  plumbers  or  other  persons  is  the  cause  of  a  number  of  holes 
and  depressions  in  our  streets  for  which  there  seems  to  be  no 
one  responsible;  (^)  therefore  he  it  resolved: 

(a)  The  city  is  "responsible,"  if  one  be  injured  from  defective 
streets, — and  also  as  to  sidewalks  if  the  defective  condition  thereof  was 
' '  caused  by  the  city  or  any  of  its  authorized  agents. ' ' 

See  Sees.  120  and  121  of  the  Charter  and  notes  thereto. 

Section  1.  That  hereafter  any  person  or  persons  wishing 
to  open  the  bed  of  a  street  or  streets  for  either  or  all  of  the 
above  named  purposes,  or  for  any  purpose  whatever,  shall  first 
obtain  a  permit  from  this  department  by  making  application 
in  writing  on  blanks  to  be  furnished  by  this  department,  in 
which  the  applicant  shall  make  himself  responsible  for  any 
and  all  accidents  (^)  which  maj''  be  caused  by  the  opening  of 
said  street  or  streets,  and  shall  furthermore  agree  to  fill  in  and 
thoroughly  ram  (c)  the  excavations  of  said  opening  and  relay 
pavement  of  said  street  or  streets,  and  immediately  put  said 
street  or  streets  in  as  good  condition  as  they  were  before  being 
opened, 

(&)  The  city  should  take  bonds  of  indemnity  from  plumbers  an'd 
others,  tearing  up.  the  streets,  for,  whatever  remedy  it  may  have  over 
against  such  plumbers  and  others,  for  negligence,  &c.,  it  (the  city)  is 
liable  to  persons  injured  by  such  negligence.     See  the  case  of 

Anderson  &  Son  vs.  Wil.,  8  Houst.  516  at  526-7.  (yr.  1889) 

See  Sec.  1  "b, "  p.  950  of  this  volume. 

(c)   See  the   cases   of 

Kent  vs.  Wil.,  7  Houst.  397.   (yr.  1886),  and 
Schelich  vs.  Wil.,  1  Boyce  57.   (yr.  1909) 

(Damage  suit  cases  arising  out  of  an  impropei'  ramming  of  street 
beds.) 


Deposit. 
Amount. 


Sec.  2.  And  furthermore  the  applicant  shall  make  a  de- 
posit with  this  department  of  fifty  cents  for  each  and  every 
square  yard  of  street  or  streets  which  he  is  permitted  to  open, 
to  the  extent  of  ten  square  yards,  and  for  all  openings  in  ex- 


1.     See  provision  of  a  resolution  adopted  March  26,  1901,  as  to  restor- 
ing street  to  former  condition,  p.  1052  of  this  volume. 


RESOLUTIONS.  1005 

cess  of  ten  square  yards,  he  shall  make  au  extra  deposit  the 
amount  of  which  will  be  fixed  at  the  discretion  of  the  Street 
Commissioner. 

Sec.  3.  The  above  named  deposit  shall  be  held  by  this 
department  until  said  street  or  streets  are  reported  by  the 
Street  Commissioner  to  be  in  good  condition. 

Sec.  4.  If  the  above  named  conditions  are  not  complied 
with  the  repairs  are  to  be  immediately  made  by  the  Street 
Commissioner  and  the  expense  of  said  work  deducted  from 
the  amount  of  said  deposit  and  the  balance  if  any,  refunded. 

Sec.  5.     All  ordinances  and  resolutions  or  parts  of  the 
,  same  inconsistent  herewith  are  hereby  superseded. 

Adopted  July  9,  1889. 


A  RESOLUTION  fixing  rates  to  he  charged  for  permits  for 
opening  streets. 

Section  1.  That  the  following  rates  are  hereby  fixed  by 
this  department  for  the  government  of  charges  for  permits  for 
opening  streets : 

For  each  lineal  foot  of  six  inch  terra  cotta  pipe  laid  from  pipg*^  ^°^^^ 
sewer  to  curb  line,  the  sum  of  sixty  (60)  cents  including  the 
excavation  and  filling  of  trench,  furnishing  of  materials  and 
laying  of  pipe. 

For  each  square  yard  of  vitrified  brick  pavement  the  sum  Brick, 
of  one  (1)  dollar. 

For  each  square  yard  of  bitulithic  pavement,  the  sum  of  •^^'•^^^en't 
three  (3)  dollars. 

For  each  square  yard  of  sheet  asphalt  pavement,  the  sum  Asphalt. 
of  three  (3)  dollars. 

For  each  square  yard  of  street  with  macadam  or  telford  ^^c^<^^™- 
pavement,  the  sum  of  one  (1)  dollar. 


1006 


RESOLUTIONS. 


Granite. 


Rubble. 


Concrete 
pavement. 


Macadam. 


For  each  square  yard  of  street  with  granite  block  pave- 
ment, the  sum  of  one  (1)  dollar. 

For  each  square  yard  of  street  with  rubble  stone  pave- 
ment, the  sum  of  one  (1)  dollar. 

For  each  square  yard  of  street  with  Portland  cement  con- 
crete pavement,  the  sum  of  two  (2)  dollars. 

For  each  square  yard  of  street  with  bituminous  macadam 
pavement,  the  sum  of  two  (2)  dollars. 

For  each  square  yard  of  street  without  pavement,  the  sum 
of  twenty-five  (25)  cents. 

In  addition  to  the  above  charges,  in  cases  where  the  foun- 
dation under  brick  pavement  is  of  concrete,  a  charge  of  sev- 
enty-five (75)  cents  per  square  j^ard  shall  be  added  to  the 
above  charge  for  brick  pavement,  and  in  eases  where  joints 
are  of  tar,  a  charge  of  twenty-five  (25)  cents  per  square  yard 
shall  be  added  to  the  above  charges. 


^har^es"^^  In  addition  to  the  above  charges  for  laying  six  inch  terra 

cotta  pipe,  in  work  where  rock  is  encountered  in  the  excava- 
tion, the  actual  cost  of  removing  rock  shall  be  added  to  the 
above  charges.  • 

For  inspection  the  sum  of  forty  (40)  cents  per  hour. 
Adopted  August  17,  1909. 


A  RESOLUTION  declaring  defective  sidewalks  to  he  a  nui- 
sance. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Defective  SECTION  1.     That  every  sidewalk  or  footway  in  the  City 

a  nuisance,  of  Wilmington  by  law  required  to  be  paved,  which  shall  be- 
come uneven,  rough,  or  in  which  there  shall  be  holes  caused 
bv  the  wear  or  removal  of  the  material  of  which  it  is  com- 


RESOLUTIONS.  1007 

posed ;  or  in  which  there  shall  be  loose  bricks ;  or  which  shall 
become  broken  or  thrown  into  ridges  or  forced  out  of  its  nor- 
mal position  by  trees,  tree  roots  or  frost,  or,  in  the  judgment  of 
the  Street  and  Sewer  Department,  shall  be  unfit  for  use  as  a 
footway  or  passage  by  reason  of  being  covered  with  weeds, 
mud,  dirt,  filth  or  other  objectionable  matter  or  is  out  of 
proper  condition  from  any  other  cause,  natural  or  artificial, 
the  same  shall  thereby  be  and  become  and  is  hereby  declared 
to  be  a  nuisance,  and  any  person  or  corporation  o-wTiing,  or 
agent  in  charge  of,  the  premises  abutting  on  said  defective 
sidewalk  or  footway,  and  allowing  the  said  defects  to  con- 
tinue, («)  shall  be  deemed  guilty  of  a  nuisance,  and  shall, 
upon  conviction  thereof  in  the  iMunicipal  Court  of  the  City  of  ma'inta^ning 
AVilmington,  be  punished  by  a  fine  of  not  less  than  two  norsance""^ 
more  than  ten  dollars,  for  every  twenty-four  hours  that  such 
nuisance  continues. 

(«)  This  Resolution  makes  one  subject  to  a  fine  for  maintaining, 
among  other  things,  a  defective  sidewalk.  If  the  defective  condition 
thereof  be  not  "caused  by  the  city  or  a-ny  of  its  authorized  agents,"  and 
the  owner  neglect  to  repair  the  same,  after  notice  to  do  so  by  the  Street 
and  Sewer  Department,  he  will  also  be  liable  in  damages  to  one  injured 
by  reason  thereof. 

Fleith  vs.  Cunningham,  (yr.  1908)  unreported.     Cont.  Dock.  I,  p.  516. 

See  Sec.  121  "a."  par.  .3  of  the  Charter. 

Sec.  2.    All  ordinances,  resolutions  or  parts  thereof  incon- 
sistent herewith  are  hereby  repealed. 

Adopted  March  26,  1907. 


A  RESOLUTION  concer)ung  the  unpaved  spaces  of  sidewalks 
in  the  City  of  Wilmington. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.  That  no  person  or  persons  shall  trespass  upon,  injuring  of 
cut,  break  or  in  anywise  injure  or  deface  the  grass,  plants  or  piants°pro- 
trees  on  the  unpaved  parts  of  the  spaces  between  the  curb  ^''''*®'^' 
lines  and  the  property  lines  of  any  sidewalk  in  the  City  of  Wil- 
mington. 

Sec.  2.    Any  person  violating  the  above  resolution  shall, 
upon  conviction  thereof,  before  the  Municipal  Court,  pay  a 


1008 

Penalty. 


RESOLUTIONS. 

fine  not  exceeding  five  dollars  ($5.00)  for  each  and  every  of- 
fence. 

Adopted  July  28,  1896. 


Duties  of 
clerk. 


Salary. 
Bond. 


^A  RESOLUTION  to  employ  an  assistant  clerk. 

Be  it  resolved,  that  this  board  employ  an  Assistant  Clerk 
for  this  department,  whose  duties  shall  be  to  assist  the  Secre- 
tary, and  make  collections  of  liens  and  other  claims  due  the 
city,  and  make  daily  reports  of  the  same  to  the  Secretarj^  He 
will  be  employed  by  the  month,  the  salary  to  be  sixty  dollars 
per  month,  and  will  be  required  to  give  bond  with  approved 
security  in  the  sum  of  one  thousand  dollars. 

Adopted  March  30,  1892. 


Sidewalks  in 
front  of  im- 
proved prop- 
erty to  be  of 
Portland  ce- 
ment con- 
crete. 


A  RESOLUTION  providing  regulations  to  govern  the  con- 
struction of  cement  sidewalks  and  cement  concrete  curb, 
within  the  limits  of  the  City  of  Wilmington,  Delaivare. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware: 

Section  1.  That  from  and  after  the  passage  of  this  reso- 
lution all  new  sidewalks  to  be  laid  on  the  streets  of  the  City  of 
Wilmington,  in  front  of  property  whereon  is  erected  any 
dwelling  house,  office,  place  of  business,  railing,  fence,  stone  or 
brick  wall,  or  permanent  structure  of  any  kind,  shall  be  of 
Portland  cement  concrete,  and  the  repairing,  renewing  or  al- 
tering of  any  and  all  sidewalks  constructed  and  laid  on  the 
streets  of  the  City  of  Wilmington  at  the  time  of  the  passage  of 
this  resolution,  when  the  repairs,  renewals  or  alterations  re- 


1.  The  Board  of  Directors  of  the  Street  and  Sewer  Department  by 
resolution  adopted  May  1,  1900,  provided  that  the  bookkeeper  should  be 
known  as  "Assistant  Secretary."     See  page  1034  of  this  volume. 


RESOLUTIONS.  1009 

quire  the  use  or  removal  of  at  least  two-thirds  (f )  of  the  ma-  ,^l^,t"  ^i" 
terial  composing  the  surface  of  the  sidewalks  to  be  repaired,  ^a{{f ig^t'cfbe 
renewed  or  altered,  shall  be  repaired,  renewed  or  altered  by  cement'co*^- 
laying  a  Portland  cement  concrete  sidewalk,  and  all  Portland  crete. 
cement  concrete  sidewalks  shall  be  constructed  in  accordance 
with  specifications   and  plans   approved  by  the   Street   and 
Sewer  Department. 

Sec.  2.     Cement  concrete  curb  may  be  constructed  only 

„  „  Portland  ce- 

upon  application  to  and  by  the  approval  of  the  Street  and  ment  con- 
Sewer  Department,   and  upon  approval  of  the   Street  and  may  be  laid 
Sewer  Department  of  any  such  application,  a  certificate  to  provai  of 
that  effect  shall  be  issued  to  the  Chief  Engineer  and  Surveyor  sewer  De- 
by  the  Street  Commissioner.    The  applicant  shall  conform  to 
all  rules  and  regulations  of  the  Department  of  Engineering 
and  Surveying  relating  to  the  setting  of  curb. 

Sec.  3.  The  construction  of  all  such  sidewalk  and  curb  street  com- 
shall  be  subject  to  the  supervision  and  approval  of  the  Street  ^perv^se  ^^ 
Commissioner.  work. 

Whenever  a  sidewalk  is  to  be  laid,  repaired,  renewed  or  permits  shall 
altered,  a  permit  therefor  shall  be  issued  by  the  Street  Com-  for  aii^work. 
missioner  without  charge,  upon  application  of  the  owner  or 
owners  of  property  abutting  the  sidewalk  to  be  laid,  repaired, 
renewed  or  altered,  and  no  sidewalk  shall  be  laid,  repaired,  re- 
newed or  altered  without  a  permit  has  been  issued  as  afore- 
said. 

Sec.  4.    Upon  completion  of  the  construction  of  all  such  Upon  com- 

. -,  ,,  .  pletion,  in- 

sidewall?;  and  curb,  an  inspection  shall  be  made  by  the  Street  spection  by 

^  •      •  1   -J.  j>  T    •  -,  ■  .  street  Com- 

Commissioner,  and  it  found  m  accordance  with  the  provisions  missioner. 
of  this  resolution,  he  shall  issue  a  certificate  to  that  effect  to 
the  applicant,  but  if  found  otherwise  Section  5  of  this  resolu- 
tion shall  govern. 

Sec.  5.    Any  person  or  persons,  agent,  company,  corpora- 
tion or  concern  violating  any  of  the  provisions  of  this  resolu-  ^      „.     , 

•^  '■  Penalties  for 

tion  shall  be  subject  to  a  penalty  equivalent  to  one  dollar  for  violations. 
each  square  yard  of  sidewalk  and  fifty  cents  for  each  lineal 


1010  RESOLUTIONS. 

foot  of  curb,  laid  in  violation  of  this  resolution.  The  same  to 
be  recovered  and  collected  at  the  suit  of  a  member  or  officers 
of  the  Street  and  Sewer  Department  upon  conviction  before 
the  Municipal  Court  of  the  said  City  of  Wilmington. 

Sec.  6.  This  resolution  is  passed  subject  to  all  the  re- 
quirements of  the  City  Charter  relating  to  the  setting  of  curb 
and  laying  of  sidewalks. 

Sec.  7.  All  ordinances  or  resolutions  or  parts  of  the  same 
inconsistent  herewith  be  and  the  same  are  hereby  superseded. 

Adopted  March  23,  1909. 


A  RESOLUTION  fixing  price  for  furnisJiing  and  setting  curb 
stones. 

Ra,t©  of 

curb  lines.  Kesolved,   That  the   charges  for  curb  stone  set  by  the 

Street  and  Sewer  Department,  within  the  limits  of  the  city, 
shall  be  liened  against  the  abutting  property  at  the  rate  of 
sixty-five  cents  (65c)  per  lineal  foot. 

Adopted  May  12,  1896. 


A  RESOLUTION  in  relation  to  curved  cwh  corners  at  inter- 
sections of  streets  in  the  City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.    That  from  and  after  the  passage  of  this  reso- 
lution the  sidewalks  at  all  street  corners  where  curb  is  to  be 
Radius  of       set,  shall  be  bounded  by  curb  cut  to  a  radius  of  such  length  as 

curvGd  curias 

determined  shall  be  determined  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department,  at  the  time  that  permission  is  granted 
or  orders  given  to  set  such  curb. 

Sec.  2.  That  all  ordinances  or  resolutions  or  parts  of  the 
same  inconsistent  herewith,  be  and  the  same  are  hereby  super- 
seded. 

Adopted  September  17,  1895. 


RESOLUTIONS.  1011 

A  RESOLUTION  in  relation  to  setting  or  resetting  cnrh  stone 
within  the  limits  of  the  city. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wihnington : 

,  Section  1.     From  and  after  the  passage  of  this  resolu- 
tion, all  curb  stone  which  may  be  set  or  reset  within  the  limits  ^f  ^u,?^^'°"^ 
of  this  city  shall  be  at  least  five  (5)  feet  in  length,  twenty-two  stones. 
(22)  inches  in  depth  and  five  (5)  inches  in  thickness,  and  to 
be  of  uniform  width  and  thickness.     The  faces  and  edges  of 
the  stone  must  be  straight,  even,  and  their  ends  so  finished 
that  they  may  be  set  closely  against  each  other  for  at  least  half 
their  depth,  and  smooth  on  the  face  to  a  depth  of  twelve  (12) 
inches  so  that  gutter  stone  may  be  set  closely  against  them, 
also  smooth  on  back  to  a  depth  of  four  (4)  to  six  (6)  inches  so 
that  pavement  may  be  set  closely  against  them,  and  the  top  cut 
with  a  wash  to  suit  grade  of  pavement.    New  curb  after  deliv-  New  curb 
ery  on  street  shall  be  inspected  by  an  authorized  officer  of  this  spe<fted.' 
Department  before  being  set,  and  a  certificate  of  approval  fur- 
nished the  owner.    In  setting  or  resetting  curb,  there  shall  be 
good,  flat  bedding  stones  of  not  less  than  three  (3)  inches  in 
thickness  and  the  equivalent  of  bearing  surface  used  under  dations.""^ 
each  curb  to  secure  the  proper  permanent  grade,  and  it  shall 
be  securely  fastened  by  ramming  other  stone  on  front  and 
back  of  said  curb  to  keep  it  in  proper  line  and  permanent  posi- 
tion.    The  excavation  shall  not  be  filled  in  until  properl}^  in- 
spected by  an  authorized  officer  of  the  Street  and  Sewer  De- 
partment, and  a  certificate  approving  the  setting  of  same  fur-  certificate. 
nished  in  form  designated  by  said  Department. 

Sec.  2.    Concrete  curb  and  gutter  mav  be  set  upon  appli-  Concrete 

'^  •  L  L-L         curbs  and 

cation  of  property  owner  and  by  approval  of  the  Street  and  gutters. 
Sewer  Department,  to  be  laid  in  accordance  with  plans  and 
specifications  furnished  by  the  Department. 

Sec.  3.    Anj^  person  or  persons,  company,  corporation  or 
concern  violating  the  provisions  of  this  resolution  shall  be  sub- 

•  PGn3,ltv 

ject  to  a  penalty  equivalent  to  twenty-five  (25)  cents  for  each 
foot  of  curb  laid  in  violation  of  this  resolution.     The  same  to 


1012 


EESOLUTIONS. 


be  recovered  and  collected  at  the  suit  of  a  member  or  officer  of 
the  Street  and  Sewer  Department  upon  conviction  before  the 
Municipal  Court  of  the  City  of  Wilmington. 

Sec.  4.     All  ordinances  or  resolutions  inconsistent  here- 
with are  hereby  superseded  and  repealed. 

Approved  ]May  22,  1905. 


Sale  of  hay, 
&c.,  on 
streets  pro- 
hibited. 


Penalty. 


A  RESOLUTION  regulating  the  street  markets  of  the  City  of 
Wilmington. 

Section  1.  That  it  shall  not  be  lawful  on  or  after  the  first 
day  of  June,  1889,  for  any  person  or  persons  having  under 
his,  her,  or  their  control  any  wagon  or  wagons  loaded  with 
hay,  straw  or  corn-fodder  to  stand  such  wagon  or  wagons  in  or 
upon  any  of  the  avenues  or  streets  of  this  city  for  the  purpose 
of  exposing  such  hay,  straw  or  corn-fodder  for  sale. 

Any  person  or  persons  who  shall  oifend  against  the  pro- 
visions of  this  section  shall  be  guilty  of  a  common  nuisance, 
and  upon  conviction  thereof  shall  forfeit  and  pay  a  fine  of  five 
dollars. 

Adopted  May  7,  1889. 


A  RESOLUTION  with  reference  to  street  markets. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  Wilmington,  Delaware : 

That  no  person  or  persons  or  corporation  shall  occupy  or 

Permission  ^  ^  ^  r. 

to  use  side-    usc  for  any  purpose  whatsoever  any  sidewalk  or  street  bed  of 

walks  for  J    f      f  J  ^        ,,  ,        ,, 

markets.        any  street  or  streets  dedicated  and  set  apart  for     market 
purposes,  without  first  obtaining  lawful  permission  so  to  do 
from  the  Clerk  of  the  Market. 

Adopted  December  13,  1894. 


EESOLUTIONS.  1013 

A  RESOLUTION  setting  apart  sections  of  certain  streets  for 
the  exhibition  and  sale  of  Christmas  trees. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.  That  Fourth  street  between  French  and  Wal-  f  tf/Ji."'^^" 
nut  streets ;  Fourth  street  between  Shipley  and  Tatnall  streets  Chnstmas 
and  south  side  of  Fourth  street  between  Jefferson  and  Madi- 
son streets  and  south  side  of  Tenth  street  between  King  and 
Market  streets,  be  set  aside  from  the  first  day  of  December  to 
the  first  day  of  Januarj^,  for  the  display  and  sale  of  Christ- 
mas trees. 

Sec.  2.    That  any  person  or  persons  displaying  or  selling  Penalty  for 

"  T  1  T  1      '  1      1     11  using  other 

Christmas  trees  on  streets,  other  than  those  above  named,  shall  streets. 
be  subject  to  a  fine  of  ($5.00)  five  dollars  for  each  and  every 
offense,  and  if  said  person  or  persons  fail  to  remove  said  trees 
from  said  streets  within  (5)  hours  after  notice  to  him  so  to  do 
by  the  Clerk  of  the  Market,  the  said  Clerk  may  himself  or  by 
deputy  remove  the  same  and  carry  them  to  a  place  of  safetj^ 
there  to  be  kept  until  the  expense  attached  to  the  same,  by  rea- 
son of  said  removal,  be  first  paid  by  the  owner  or  owners 
thereof. 

Adopted  December  10,  1895. 


A  RESOLUTION  to  regulate  the  erection  of  oriel  or  hay  win- 
dows, porches,  stoops,  cellar  doors,  areaways,  awnings,  etc. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington : 

Section  1.^     [No  oriel  or  bay  or  bulk  windows,  («)  bal-  |fr^g°J^^°^' 
conies  or  porches  projecting  beyond  the  true  building  line  of  flJ^oJ-g^May 
any  street  shall  hereafter  be  erected,   extended,   altered  or  28,  i907. 
repaired    (except    as   to    resetting   broken    glass)    upon   the  certain  bay 

„,.,,.  ,  ,  1       1      -ij.  windows 

first  storv  of  any  buildmg,  except  that  porches  mav  be  built  prohibited. 


1.     See  Sec.   2  of  Resolution  of  Street  and  Sewer  Department.    March 
10,  1908,  as  to  porches  and  other  structures,  p.  1017  of  this  volume. 


1014 


RESOLUTIONS. 


to  porches 
on  resi 
dences 


Proviso. 


and  maintained  in  connection  with  the  fronts  of  buildings 
used  exclusively  as  places  of  residence  and  which  have  been 
erected  and  completed  prior  to  the  passage  of  this  ordinance, 
^^norches^^  P^'ovided,  liowever,  that  such  porches  shall  not  extend  out  over 
the  sidewalk  and  beyond  the  building  line  more  than  one-third 
the  width  of  said  sidewalk,  but  in  no  instance  shall  such 
porches  extend  more  than  four  feet  over  the  line  of  said  side- 
walk, provided,  further,  that  no  porches  shall  be  erected  over 
any  part  of  the  sidewalk  in  front  of  any  now  existing  building 
if  a  majority  of  the  buildings  on  the  same  front  of  the  build- 
ing block  shall  be  used  as  places  of  business,  (^)  but  the  pro- 
visions of  this  ordinance  are  only  intended  for  and  shall  be 
availed  of  for  the  benefit  of  residences  in  front  of  which  no 
porches  now  exist.] 

(a)  This  Eesolution  prohibits  bay  windows  beyond  the  building  line. 
In  the  case  below  cited,  the  Court  of  Chancery  refused  to  restrain  one 
from  erecting  a  bay  window  beyond  the  line  fixed  by  law,  unless  the  bay 
window  would  ' '  materially  and  substantially  interrupt  or  impede  the  pub- 
lic use  of  the  same  as  a  street  or  highway."   (500)   Syllabus. 

The  remedy,  in  such  a  case,  is  by  indictment  by  the  Attorney-Gen- 
eral.   (505) 

The  Chancellor:  "The  sidewalks  of  the  city  are  for  the  free  pass- 
age of  the  people,  *  *  In  a  clear  case  of  sub- 
stantial and  material  encroachment  upon  a  public  street  or  highway,  of 
such  a  character  as  to  seriously  interfere  with  its  use,  I  would  consider  it 
my  duty  to  act  without  the  aid  of  a  jury;  but  where  the  encroaclmient, 
although  illegal,  is  not  of  that  character,  the  proper  tribunal  is  a  court  of 
law,  which  has  full  power,  not  only  to  punish  the  offender,  but  to  abate 
the  nuisance. ' ' 

Gray  vs.  Baynard,  5  Del.  Ch.  499  at  505.   (yr.  1883) 

(ft)  This  Resolution  was  passed  in  1907.  In  1906  the  defendant  be- 
low named,  was  prosecuted  for  erecting  a  porch  beyond  the  building  line. 
The  ordinance  under  which  the  prosecution  was  had,  was  passed  in  1893 
(Charter,  Laws  and  Ordinances,  1893,  p.  546,  Sec.  1).  The  Municipal 
Court  decided  the  old  ordinance  of  May  10,  1800  (Charter,  Laws  and  Or- 
dinances, 1893,  p.  475,  Sec.  5)  had  not  been  repealed  in  accordance  with 
the  Charter  provisions,  and  dismissed  the  case. 

Wilmington  vs.  McNabb.  (yr.  1906).     Munic.  Ct.     Decision  final. 

The  above  ordinance  allows  porches  in  ' '  residence ' '  blocks,  but  not 
where  gi  majority  of  the  buildings  are  used  as  places  of  business.  See  the 
case  ©f 

Wilmington  vs.  Davis   (1910),  page  1017  of  this  volume. 


[Sec.  2.^    Oriel  or  bay  windows  may  hereafter  be  erected 


Resolution, 
Street  and 

partment,       upou  the  fronts,  sidcs  and  rear  ends  of  buildings,  extending 

July  24.  190G. 


1.     See  Sec.  2  of  Resolution  of  Street  and  Sewer  Department,  March 

10,  1908,  as  to  porclies  and  other  structures,  p.  1017  of  this  volume. 


RESOLUTIONS.  '  1015 

over  the  pavements  of  the  streets  from  any  story  excepting  the  ^^^^^  ^^^ 
first,  provided  in  each  case  the  outside  faces  thereof  shall  be  flows  above 

_  '^  the  first 

within  lines  drawn  from  the  corners  of  the  building  lot  at  an  floo""- 
angle  of  twenty  degrees    with    the   street    building  line,  and 
within  a  line  parallel  with  the  street  building  line  and  distant 
three  feet  therefrom. 

In  similar  situations,  open  balconies  or  porches  may  be  asTo^bai-" 
erected  provided  in  each  case  the  floor  thereof  shall  be  within  ^°"i^^- 
lines  drawn  from  the  corners  of  the  building  lot  at  an  angle  of 
twenty  degrees  with  the  street  building  line,  and  where  the 
street  is  not  less  than  sixty  feet  in  width  within  a  line  parallel 
with  the  street  building  line  and  distant  five  feet  therefrom, 
and  where  the  street  is  less  than  sixty  feet  in  w4dth  within  a 
line  parallel  with  the  street  building  line  and  distant  eight 
one-hundredths  of  the  w^idth  of  the  street  therefrom.  Mould- 
ings, cornices  and  other  projections  of  windows,  balconies  or 
porches  shall  not  extend  more  than  six  inches  beyond  the  lines 
above  mentioned.  The  bottom  of  all  such  constructions  shall 
be  at  least  ten  feet  above  the  pavement  or  sidewalk  at  is  proper 
grade.] 

Sec.  3.^    Oriel  or  bay  windows,  balconies  or  porches  may  oriei  win- 
hereafter  be  erected  on  the  corners  of  buildings  beyond  the  ners^of'^  *^°^' 
true  building  line  of  the  streets  from  any  story  excepting  the  '^^^^•^'"s^- 
first,  provided  their  outside  faces  shall  be  biiilt  within  a  true 
circle  whose  circumference  passes  within  lines  eighteen  inches 
outside  of  said  true  building  line  and  parallel  therewith,  and 
that  all  mouldings,  cornices,  and  other  projections  shall  not  ex- 
tend more  than  six  inches  beyond  said  circumference,   and 
provided  the  bottom  of  such  construction  shall  be  at  least  ten 
feet  above  the  pavement  or  sidewalk  at  its  proper  grade.  resolution  of 

street  and 
Sewer  De- 
Si^ri    A  ***#«:****  nartment, 

^^^-   ^-  MarclalO, 

1908. 

Sec.  5.    It  shall  not  be  lawful  for  any  person  to  hereafter  Flap  wing 

or  side  awn- 
ing prohib- 

: j^g^ 

1.     See  Sec.   2  of  Resolution  of  Street  and  Sewer  Department,   March 
10,  1908,  as  to  porches  and  other  structures,  p.  1017  of  this  volume. 


1016 


EESOLUTIONS. 


erect  over  or  across  any  sidewalk,  any  flap  wing  or  side  awning 
of  any  description. 

Penalty.  Sec.  6.     Any  person  violating  any  of  the  provisions  of 

tMs  resolution  shall  be  guilty  of  a  common  nuisance  and  shall 
be  liable  to  a  fine  of  five  dollars  and  an  additional  fine  of  five 
dollars  for  every  twenty-four  hours  that  such  nuisance  is  con- 
tinued. 

Sec.  7.    All  ordinances  and  resolutions  inconsistent  here- 
with are  hereby  repealed. 

Adopted  June  19,  1906. 


^A  RESOLUTION  proJiiMting  the  construction  or  mainte- 
nance of  areaways,  cellarways,  passage  ways  or  uncovered 
openings  or  door  steps  or  approaches  to  buildings  on  the 
sidewalk  under  certain  conditions. 

Whereas,  The  sidewalks  of  Market  street  and  certain 
other  business  thoroughfares  of  this  city  are  too  narrow  for 
the  needs  and  conveniences  of  the  traffic  upon  them  and  in  ad- 
dition are  seriously  and  unreasonably  encroached  upon  by  cel- 
lar ways,  doorsteps  and  other  obstructions. 

Therefore  be  it  resolved,  by  the  Board  of  Directors  of  the 
Street  and  Sewer  Department : 

Areaways,  SECTION  1.     That  hereafter  no  areaways,  («)  cellarways, 

within^side-  passage  ways  or  uncovered  openings  shall  be  constructed  or 
walk  lines,     maintained  on  the  sidewalk  or  within  the  sidewalk  lines  of  any 
part  of  this  city. 

(a)  Under  See.  1  of  the  above  ordinance  the  defendant  below  named 
was  prosecuted  for  constructing  a  ' '  lift ' '  or  elevator  in  the  sidewalk  in 
front  of  her  premises  and  within  4  feet  of  the  building  line.  Eemarks 
of  the  Judge  during  the  trial  of  the  case,  showed  so  clearly  that  the  reso- 
lution would  be  declared  void  on  the  ground  of  its  being  unreasonable, 
that  the  case  was  withdraivn. 

Wilmington  vs.  Jenny,  (yr.  1907).  Munic.  Ct.   (Decision  final.) 


1.     See  also  Resolution  of  Street  and  Sewer  Department,  June  19,  1906, 
1013  of  this  volume. 


RESOLUTIONS.  1017 

Sec.  2.     That  hereafter  no  doorsteps,    («)    porches,  ap-  ^c^'prowbi- 
proaches  to  buildings  or  other  structures  shall  be  built,  made,  tifn  blocks 
maintained  or  repaired  on  the  sidewalks  or  within  the  side- 
walk lines  fronting  or  facing  any  building  block  of  this  city    . 
where  a  majority  of  the  buildings  in  said  building  block  abut- 
ting on  said  sidewalk   shall   be   used   as   stores,  halls,  hotels, 
places  of  business  or  amusement  or  any  such  purposes  or  for 
other  purposes  other  than  solely  as  places  of  residence. 

(a)  In  the  case  below  cited  the  defendant  -was  prosecuted  for  build- 
ing steps  in  front  of  his  premises.  The  Court  decided  that  the  ordinance 
was  unreasonable;  it  also  held,  as  the  ordinance  left  the  right  to  build, 
to  depend  upon  the  fluctuating  whim  or  caprice  of  the  property  owners  of 
any  square,  and  that  the  building  or  buildings  to  be  built  could  be  ' '  resi- 
dences "  or  "  business ' '  houses,  at  the  option  of  the  person  building,  that 
it  was  uncertain,  as  a  ''majority"  might  be  "business"  houses  one 
month,  and  "residence"  houses  the  next  month.  It  also  decided  that  the 
ordinance  was  discriminating,  and  for  the  above  and  other  reasons  held 
the  same  to  be  void. 

Wilmington  vs.  Davis,  (yr.  1910).    Munic.  Ct.    Decision  final. 

Sec.  3.    Any  person  or  persons,  firm  or  corporation  vio- 
lating any  of  the  provisions  of  this  resolution  shall  be  guilty 
of  a  common  nuisance  and  shall  be  liable  to  a  fine  of  five  dol- 
lars ($5.00)  and  an  additional  fine  of  five  dollars  ($5.00)  for  Penalty. 
every  twenty-four  hours  that  such  nuisance  is  continued. 

Sec.  4.    That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  be  and  the  same  are  hereby  repealed. 

Adopted  March  10,  1908. 


A  RESOLUTION  regulating  the  extension  of  steps,  cellar 
Boors  and  other  inlets  to  huildijjgs  on  the  northerly  side 
of  Pennsylvania  avenue  between  Lincoln  and  Union 
streets  in  the  City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.    That  no  step,  cellar  door  or  other  inlet  to  anj'  Limit  on 
building  now  erected  or  that  may  hereafter  be  erected  on  the  on^plrf of 
northerly  side  of  Pennsylvania  avenue  between  Lincoln  and  nia^avenue". 
Union  streets,  shall  extend  on  the  footway  or  sidewalk  more 
than  seven  (7)  feet  («)  from  the  building   line   of   the   said 


1018 


RESOLUTIONS. 


northerly  side  of  the  aforesaid  avenue  between  the  aforesaid 

streets. 

(a)  The  owners  of  i^roperties  living  in  the  above  square  are  per- 
mitted to  come  out  7  feet.  The  general  ordinance  allows  4  feet.  Section 
31  of  the  Charter  prohibits  the  passing  of  any  special  exemption  ordi- 
nance. And  see  Sec.  5  of  the  ordinance  of  May  10,  1800,  p.  938,  and  Sec. 
124  of  the  charter.     See  also  Sec.  1,  p.  1016  of  this  volume. 

Sec.  2.  That  all  ordinances  or  resolutions  or  parts  of  the 
same  inconsistent  herewith  be  and  the  same  are  hereby  super- 
seded. 

Adopted  March  18,  1902, 


RESOLUTION  that  no  deed  for  street  beds  to  he  accepted  un- 
til streets  are  hrouglit  to  grade  and  curhed,  except  on 
puhlic  necessity. 

Whereas,  Many  demands  are  being  made  on  this  Depart- 
ment for  grading  and  repairing  of  streets  where  the  benefits 
are  practically  for  individuals  and  not  a  public  necessity,  and 

Whereas,  Such  work  has  become  a  burden  and  a  large 
drain  on  the  revenues  of  this  Board,  therefore 

Title  to  Resolved,  That  in  the  future,  no  title  to  street  bed  be  ac- 

graded  ... 

streets  only    ccptcd  by  this  Department,  except  on  public  necessity,  until 
cepted.  such  streets  are  brought  to  grade  and  curbed. 

Adopted  April  15,  1902. 


Resolution 
of  Jan.  9, 
1900,   re- 
pealed. 


A  RESOLUTION  repealing  ordinances  now  in  force  in  the 
City  of  Wilmington,  relating  to  snow  and  ice  on  public 
footways  and  sidewalks  of  said  city  and  enacting  a  substi- 
tute therefor. 

Be  it  resolved,  b}^  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington.  Delaware, 
that  the  substitute  for  the  then  existing  ordinances  adopted  by 
resolution  of  this  Board  January  9,  1900,  be  and  the  same  is 
hereby  repealed,  and  that  the  following  be  and  the  same  is 
herebv  enacted  as  a  stubstitute  therefor : 


RESOLUTIONS.  1019 

Section  1.     It  shall  be  the  duty  of  every  tenant  or  occii-  Removal  of 

•^  "^  ice  required 

pant  or  if  there  be  no  tenant  or  occupant  then  of  the  owner  or  within  lo 

^  _   ^  working 

agent  for  same,  of  an}-  real  estate  situated  within  the  limits  of  hours. 
said  City  of  Wilmington  to  remove  within  ten  (10)  working 
hours  after  its  formation,  any  ice  which  may  be  formed  or 
caused  by  the  drainage  or  overflow  from  such  properties, 
whether  the  nuisance  be  situated  on  the  same  or  adjoining 
properties. 

Sec.  2.     it  shall  be  unlawful  for  the  tenant  or  occupant, 

.  1  f.      1  Removal  of 

or  II  there  be  no  tenant  or  occupant,   then   of   the   owner  or  sn9w  re- 
agent of  any  real  estate  within  the  Citv  of  Wilmington  to  suf-  in  lo  work- 

j?  -J  i  •  1  /irv\  1-         ing  hours. 

ter  or  permit  siiow  to  remain  more  than  ten  (10)  working 
hours  after  the  same  may  cease  to  fall,  on  any  pavement,  foot- 
way or  gutter  of  the  city,  in  front  of  or  adjoining  any  church, 
public  building,  house,  store,  shop,  stable  or  tenement  of  any 
kind  or  the  adjoining  sideyard  thereof  or  of  vacant  lots. 

Sec.  3.    It  shall  be  the  duty  of  every  person,  corporation 

or  firm  to  at  once  remove  from  anj-  public  sidewalk,  gutter  or 

footway,  within  the  limits  of  said  city,  any  snow  or  ice  which  snow  or  ice 

he,  it  or  they  may  have  deposited,  permitted  or  caused  to  form  moved  from 
,1  ,-,       •  public  side- 

thereon  or  therein.  walks,  &c. 

Sec.  4.     It  shall  be  the  duty  of  the  officers,  agents  and  °f^the*^ty  *^ 
servants  of  any  of  the  various  departments  of  the  City  of  Wil-  rlmove'^now 
mington,  who  shall  have  charge  or  superintendence  of  any  ^^^j!^®  ^.^^^^ 
properties  owned  by  the  city  to  remove  or  cause  to  be  removed,  ®''*^'- 
at  the  expense  of  the  proper  department,  from  the  public  foot- 
ways, sidewalks  and  gutters,  upon  and  adjoining  such  proper- 
ties, all  snow  and  ice  in  like  manner  and  under  like  penalties 
as  herein  provided  for  private  persons. 

Sec.  5.     When  any  person,  firm  or  corporation  has  any         . 
bill  board,  sign  or  card  upon  anj^  property  within  the  said  city  "agent  or 
announcing  that  he,  they  or  it  has  control  or  charge  thereof,  charge"  of 

.  "  properties. 

either  lor  the  renting,  care,  sale  or  exchange  thereof,  and  there 
shall  at  the  same  time  be  neither  tenant  or  occupant  thereof 
such  person,  firm  or  corporation  shall  be  deemed  the  agent  or 


1020 


RESOLUTIONS. 


Penalty. 


person  in  charge  thereof  within  the  meaning  of  the  provisions 
of  this  resolution. 

Sec.  6.  Every  person,  firm  or  corporation  failing,  neglect- 
ing or  refusing  to  perform  any  duty  required  by  the  foregoing 
sections  hereof  shall  be  guilty  of  committing  and  maintaining 
a  public  nuisance  and  shall  upon  conviction  thereof  in  the 
Municipal  Court  of  said  city  be  punished  by  a  fine  of  not  less 
than  two  or  more  than  ten  dollars. 

Adopted  February  2,  1904. 


A  RESOLUTION  in  relation  to  coasting,  sliding  and  sledding 
on  the  footways  or  sidewalks. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware: 

Unlawful  to  That,  it  shall  not  be  lawful  for  any  person  or  persons  to 

walks  for       usc  the  footways  or  sidewalks  («)  of  any  of  the  public  streets 
sliding  or       of  this  city  for  the  purpose  of  coasting,  sliding  or  sledding 

sledding.  ,, 

thereon. 

(a)   This  ordinance  relates  to  the  sideicall's.     The  ordinance  follow- 
ing relates  to  the  ' '  streets. ' ' 

Penalty.  Every  person  offending  against  the  provisions   of  this 

resolution  shall  forfeit  and  pay  a  fine  of  five  dollars. 

Adopted  January  16,  1900. 


A  RESOLUTION  in  relation  to  coasting  on  the  puMic  streets. 

Be  it  resolved,  by  the  Street  and  Sewer  Department  of 
the  City  of  Wilmington : 


Coasting  on 
streets. 


That  it  shall  not  be  lawful  for  any  person  or  persons  to 
use  the  bed  of  any  of  the  public  streets  of  this  city  for  the  pur- 
pose of  coasting  or  sledding  thereon.  («) 

(o)  It  is  the  duty  of  the  city  to  enforce  the  above  ordinance,  but  it 
is  not  liable  for  damages  to  one  injured  by  being  run  into  by  one  with  a 


RESOLUTIONS.  1021 

sled.    Police  officers  in  enforcing  the  above  ordinance  act  really  as  State 
officers.     The  duty  is  a  puMic  duty. 

Wolcott,  Ch. :  "    *   *  it  is  such  a  duty  as  relates  to  the  execution  of 
a    State    law,    and    the    officers    charged    therewith, 
though  servants  of  the  municipality,  are,  to  the  extent  of  such  duty,  pub- 
lic officers,  and  for  the  neglect  to  perform  the  same  no  municipal  liability 
attaches. ' ' 

Mayor  and  Council  of  Wil.  vs.  Vandegrift,  1  Marv.  5  at  18.  (yr.  1893) 
The  above  ordinance  was  passed  in  1888.  The  above  case  was  de- 
cided by  the  Superior  Court  in  1892.  The  Chancellor  seemed  to  assume 
as  true  the  attorney's  contention,  that,  "no  ordinance  was  ever  passed 
against  the  practice  of  coasting,"  &c.,  p.  18.  The  Chancellor  decided, 
however,  that  sledding  was  a  violation  of  Sec.  3  of  the  ordinance  relating 
to  nuisances  (p.  744  of  this  volume).  This  ordinance  related  to  leaving 
wagons,  &c.,  in  the  street. 

Every  person   offending  against  the   provisions  of  this  Penalty, 
resolution  shall  forfeit  and  pay  a  fine  of  five  dollars. 

Adopted  January  31,  1888. 


A   RESOLUTION   proJiihiting   roller   skating    and   coasting 
with  wagons  or  wheels  on  the  puhlic  sidewalks. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.    That  from  and  after  the  passage  of  this  reso-  Roller  skat- 
ing or  roller 
lution  it  shall  not  be  lawful  for  any  person  or  persons  to  use  coasting 

.  PI-     prohibited. 

the  sidewalk  or  footway  of  any  of  the  public  streets  of  this 
city  for  the  purpose  of  roller  skating  or  coasting  with  wagons 
or  wheels  of  any  description. 

Sec.  2.  Any  person  or  persons  so  offending  against  the 
provisions  of  this  resolution  shall  be  deemed  guilty  of  a  com- 
mon nuisance  and  shall  upon  conviction  thereof  before  the 
Municipal  Court  forfeit  and  pay  a  fine  of  not  more  than  five  penalty, 
dollars  nor  less  than  one  dollar  for  the  first  offense,  and  for 
the  second  offense  the  maximum  penalty  provided  for  herein 
shall  be  imposed. 

Adopted  January  8,  1907. 


1022 


RESOLUTIONS. 


A  RESOLUTION  with  reference  to  hicycles,  etc. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington : 

That  the  following  rules  («)  and  regulations  for  the  gov- 
ernance of  the  city  streets  and  sidewalks  be  adopted. 

(rt)   As  to  the  meaning  of  the  word  "rules"  see  the  ease  of 
Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  136.  (yr.  1894) 
See  Sec.  76  "a"  of  the  Charter. 

Section  1.  All  cycles,  bicycles  and  tricycles  in  motion 
aisohave^'^*'  ^^^^^^  sundowii  shall  display  a  suitable  light,  and  also  have  a 
^^ii-  gong  or  bell  so  attached  thereto  as  to  be  readily  sounded  to 

warn  persons  of  their  approach. 


Cycles  must 


Limit  of 
speed. 


Sec.  2.  No  cycle,  bicycle  or  tricycle  shall  move  at  a 
greater  rate  of  speed  than  seven  miles  («)  an  hour  when  pass- 
ing over  or  upon  an}^  street,  highway  or  bridge  and  shall 
sound  a  bell  or  gong  when  necessary^  to  warn  persons  of  their 
approach. 

(a)  If  a  bicycle  rider  violate  the  speed  limit,  and  is  injured  as  the 
direct  result  thereof,  he  cannot  recover. 

Lore,  C.  J.:  "If  vou  are  satisfied  from  the  evidence,  that,  at  the 
time  of  the  accident,  *  was  riding  at  a  greater  rate 
of  speed  than  seven  miles  an  hour,  the  maximum  sj^eed  i^ermitted  to  bi- 
cyclists by  city  regulations,  and  that  the  accident  resulted  from  such  ex- 
cessive speed,  he  cannot  recover, ' '  «&c. 

Anderson  vs.  Mayor  and  Council  of  Wil.,  2  Penn.  28  at  31.  (yr.  1899) 

(In  the  above  case  a  bicycle  rider  rode  into  a  wire  stretched  across 
the  street  for  the  benefit  of  a  sick  person.) 

In  the  case  below  cited  a  bicycle  rider  was  racing  with  one  driving  a 
horse.  The  driver  ran  into  and  injured  a  person  on  the  street.  The  law 
as  to  negligence,  laid  down  as  to  the  driver  of  the  horse,  of  course,  would 
apply  to  the  bievcle  rider  as  well. 

Ford  vs.  Wliiteman,  2  Penn.  355  at  357.  (yr.  1899) 

Sec.  3.    Any  person  violating  the  provisions  of  these  rules 
and  regulations  shall  on  con\'iction  in  the  Municipal  Court 
Amended  by  forfeit  and  pay  a  fine  of  not  less  than  [five]  dollars  nor  more 

resolution  of  p  • 

Street  and     than  ten  dollars,  besides  costs  of  prosecution. 

Sewer  Di- 

iT'is99.  ^'"^'^  Adopted  October  30,  1894. 


Penalty. 


1.     See  Sec.  3  of  Resolution  of  May  4.  1897.  p.  1023  of  this  volume. 


RESOLUTIONS.  1023 

A  BESOLTJTION  concerning  bicycles. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wihnington : 

Section  1.    That  from  and  after  the  passage  of  this  reso-  swewaiifs 
lution  it  shall  be  unlawful  for  any  person  or  persons  to  ride  P^^^^'^ited. 
any  bicycle  along  any  of  the  pavements  or  sidewalks  within 
the  limits  of  the  city,  as  they  now  exist  or  may  hereafter  be  ex- 
tended.    [Except  the  sidewalk  on  the  easterly  side  of  Church  Amended 
street  between  Tenth  and  Eleventh  street  and  both  sides  of  of' street  and 
Eleventh  street  from  Church  to  Heald  streets  and  south  side  pigment," 
of   Pullman   street   from   Heald   street   to   Railroad   avenue,    "^'  "''*'  ^^  '' 
which  may  be  used  between  the  hours  of  from  6  to  7  o'clock  A.    ^^^^  '°"' 
M.  and  12  to  1  and  5  to  7  o'clock  P.  M.] 

Sec.  2.    That  any  person  or  persons  riding  a  bicycle  along  ^^      ^^ 
any  of  the  streets  or  highways  within  the  limits  of  the  city  as  ^^^^^  °^  ''os^^- 
thej^  now  exist  or  may  hereafter  be  extended,  shall,  while  so 
doing,  keep  to  the  right  (^)  of  said  streets  or  highways. 

(a)   As  to  the  law  of  the  road,  which  applies  to  persons  on  foot,  to 
vehicles  and  to  steamboats,  all  alike,  see  pp.  199-200  of  this  volume. 

Sec.  3.    That  any  person  riding  a  bicycle  along  any  of  the  ^g^pe^es-^ 
streets  or  highways  within  the  limits  of  the  city  as  they  now  t^i^^s. 
exist  or  may  hereafter  be  extended,  shall,  on,  or  immediately 
prior  to  the  passing  of  any  other  person  or  persons  riding  as 
aforesaid  sound  the  bell  of  said  bicycle. 

Sec.  4.    Any  person  violating  the  provisions  of  these  rules  Penalty. 
and  regulations,  shall  on  conviction  in  the  Municipal  Court,  ^        ,  , , 

o  7  jr  7  Amended  by 

forfeit  and  pay  a  fine  of  not  less  than  [five]  dollars  nor  more  |:esoiution 
than  ten  dollars,  besides  cost  of  prosecution.  sewer  di- 

'  ^  rectors,  July 

Adopted  May  4,  1897.  ^^'  ^^^^■ 


'^A  RESOLUTION  relating  to  the  right  of  way  of  amhulances. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

1.     See  ordinance,  p.  986  of  this  volume. 


1024 


RESOLUTIONS. 


w^yfoi-^  Section  1.     That  ambulances   shall  have  the  right   of 

ambulance,    way,  (^)  when  responding  to  calls,  or  when  conveying  sick  or 
injured  persons  along  the  streets  of  the  City  of  Wilmington, 

(a)  While  the  ambulance  (like  a  fire  engine)  has  the  right  of  way, 
it  must  not  go  at  an  immoderate  rate  of  speed  through  the  streets  of  the 
city. 

Lore,  C.  J.:  " Under  the  ordinance  he  has  the  right  of  way,  but  in 
other  respects  he  is  subject  to  precisely  the  same  rules  as  other  travellers, 
that  is,  in  driving  on  the  street  he  must  use  his  senses,  and  take  reasonable 
care  and  caution  to  avoid  danger,  and  to  prevent  injury  to  himself  and  to 
others. ' ' 

Carswell,  Admr.  vs.  Wilmington,  2  Marv.  360  at  365.   (yr.  1897) 

(The  above  case  was  that  of  a  driver  of  a  fire  engine,  racing.) 


Penalty  for 
obstructing 
ambulance. 


Sec.  2.  That  the  motorman  of  any  car  or  the  driver  of 
any  vehicle  of  any  kind  whatsoever,  or  any  other  person  or 
persons  in  any  way  obstructing,  delaying  or  in  any  manner  in- 
terfering with  ambulances,  while  responding  to  calls  or  when 
conveying  sick  or  injured  persons  along  the  streets  of  the  City 
of  Wilmington,  shall,  upon  conviction  thereof  before  the 
Judge  of  the  Municipal  Court,  be  fined  not  less  than  five  (5) 
dollars,  nor  more  than  ten  (10)  dollars,  for  each  and  every  of- 
fence. 

Adopted  June  28,  1904. 


A  RESOLUTION  to  require  street  railway  cars  to  he  equip- 
ped u'ith  fenders  and  wlieel  guards  for  the  protection  of 
life  and  limh. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  as  follows : 


Fenders  and 
wheel 
guards  on 
railway  cars 
required. 


Section  1.  That  every  person,  company,  corporation  or 
association  owning,  controlling,  managing  or  operating  any 
street  railway  within  the  limits  of  the  City  of  Wilmington, 
shall,  within  forty-five  days  after  the  passage  of  this  resolu- 
tion, cause  each  and  every  car  of  said  street  railway,  so  owned, 
controlled,  managed  or  operated,  to  be  equipped  and  provided 
with  suitable  and  proper  fenders  («)  and  wheel  guards  to  pro- 
tect persons  using  the  streets  from  injury  by  being  thrown  or 
drawn  under  the  wheels  of  such  car  or  from  being  run  over  by 
such  car.    Such  fenders  and  wheel  guards  shall  be  of  a  design 


RESOLUTIONS.  1025 

which  the  Board  of  Directors  shall  have  certified  in  writino-,  Design  to  be 

^-  approved  by 

meets  with  its  approval,  and  said  certificate  of  approval  shall  Board. 
be  filled  in  the  office  of  the  Secretary  of  the  said  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department. 

(a)  ' '  The  Council ' '  passed  an  ordinance  similar  to  the  above  Reso- 
lution, and  the  Court  decided  that  the  right  to  pass  a  ' '  fender ' '  ordi- 
nance, or  resolution,  belonged  to  the  Street  and  Sewer  Department  and 
not  to  ' '  The  Council. ' ' 

'  *  The  power  and  authority  to  enact  ordinances  and  resolutions  re- 
quiring and  regulating  the  use  of  certain  safety  appliances  called  fend- 
ers, on  trolley  cars  operated  in  and  upon  the  streets  of  the  City  of  Wil- 
mington, is  vested  in  the  Board  of  Directors  of  the  Street  and  Sewer  De- 
partment, and  not  in  the  Council  of  said  city. ' ' 

Bullock's  Admir.  vs.  W.  C.  Ry.,  5  Penn.  209.  (yr.  190.5).    Syllabus. 

Sec.  2.    It  shall  be  the  duty  of  the  Board  of  Directors  of  ^^^^.^J^^^" 
the  Street  and  Sewer  Department  to  pass  upon  the  design  and  pass  "p^"^ 
suitability  of  such  fenders  and  wheel  guards  submitted  to  it  suitability. 
by  any  person,  company,  corporation  or  association  OAvning, 
controlling,  managing  or  operating  any  street  railway  within 
the  limits  of  the  City  of  Wilmington,  and  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department,  after  having  first 
carefull}'  considered  all  the  advantages  and  disadvantages  of 
said  design  of  fenders  and  wheel  guards,  shall  give  such  per- 
son, company,  corporation  or  association  a  certified  copy  of  its 
certificate  of  approval  or  disapproval  of  such  design;  and  no 
system  of  fenders  and  wheel  guards  shall  be  used  on  any  street  j^o  fenders 
car  within  the  City  of  Wilmington,  unless  it  shall  first  have  guai-d^to  be 
been  submitted  to  the  Board  of  Directors  of  the  Street  and  ^pprov"d.^^ 
Sewer  Department  aforesaid,  and  shall  have  received  its  writ- 
ten approval,  as  aforesaid. 

Sec.  3.  Any  person,  company,  corporation  or  association 
operating  any  street  cars  in  the  City  of  Wilmington,  not 
equipped  with  fenders  and  wheel  guards,  as  hereinbefore  pro- 
vided for,  upon  and  after  the  expiration  of  forty-five  (45) 
days  from  the  passage  of  this  ordinance,  shall  upon  conviction 
thereof  in  the  Municipal  Court,  be  fined  not  less  than  five  dol-  Penalty, 
lars  ($5.00)  nor  more  than  twenty-five  dollars  ($25.00)  for 
each  and  every  ofl:'ence,  said  fines  to  be  collected  as  other  fines 
are  collected  for  ofi^ences  against  the  ordinances  of  the  City  of 
Wilmington.  Every  day's  violation  of  any  of  the  provisions 
of  this  ordinance  shall  constitute  a  separate  offence. 


1026 


RESOLUTIONS. 


Must  be  kept 
in  good  re- 
pair. 


Penalty  for 
neglect. 


Sec.  4.  All  fenders  and  wheel  guards  must  be  kept  in 
thorough  working  order  and  in  good  repair  when  in  use.  Any 
person,  company,  corporation  or  association  operating  any 
street  cars  in  the  City  of  Wilmington,  failing  to  comply  with 
any  of  the  provisions  of  this  section  shall  upon  conviction 
thereof  in  the  Municipal  Court  be  subject  to  a  fine  of  five  dol- 
lars ($5.00)  a  day  for  each  and  every  offence. 


Motormen 
or  conduc- 
tors shall 
not  operate 
cars  unless 
equipped  as 
required. 


Penalty. 


Sec.  5.  No  motorman  or  conductor  shall  operate  or  have 
in  charge  any  street  railway  car  within  the  limits  of  the  City 
of  Wilmington  that  is  not  fully  equipped  with  fenders  and 
wheel  guards,  as  provided  for  in  Section  1  of  this  ordinance, 
"  and  any  motorman  or  conductor  operating  or  being  in  charge 
of  any  such  car,  not  so  equipped  shall  upon  conviction  thereof 
in  the  Municipal  Court  be  punished  by  a  fine  not  to  exceed  five 
dollars  ($5.00)  for  each  and  every  offence. 

Sec.  6.  This  resolution  shall  take  effect  and  be  in  force 
from  and  after  its  passage  and  all  ordinances  or  parts  of  ordi- 
nances inconsistent  herewith,  are  hereby  repealed. 

Adopted  April  12,  1904. 


A  RESOLUTION  requiring  street  car  companies  operating  in 
the  City  of  Wilmington  to  sprinkle  streets. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  in  the  City  of  Wilmington : 

street  beds  SECTION  1.     That  cvcry  person,  company  or  corporation 

raiiways'are  Operating  a  Street  railway  wdthin  the  limits  of  the  City  of  Wil- 

be^spr\nkied.  mington  shall  sprinkle  freely  with  water,  from  curb  to  curb, 

the  bed  of  all  streets  on  which  its  tracks  are  laid. 


On  streets 
exceeding  40 
feet  in 
width. 


In  cases,  however,  where  the  width  of  the  street  from 
curb  to  curb  is  greater  than  forty  feet,  the  said  street  beds 
shall  be  so  sprinkled  for  a  distance  of  at  least  twenty  feet  in 
width  on  each  side  of  the  centre  of  the  railway  tracks.  -  All 
sprinkling  shall  be  done  in  a  manner  to  keep  the  dust  thor- 
oughly laid. 


RESOLUTIONS,  1027 

Said  streets  shall  be  sprinkled  not  less  than  twice  daily  Jwice  daily. 

'■  ''    from  April 

between  the  hours  of  7  o'clock  A.  M.  and  5  o'clock  P.  M.,  from  l^ Novem- 

'  ber. 

the  first  day  of  April  to  the  first  day  of  November  in  each  and 
every  year.  Provided,  however,  that  the  requirements  of  this 
resolution  may  be  waived  by  the  Street  and  Sewer  Depart- 
ment on  such  days  as  there  shall  be  sufficient  rain  fall  to  keep 
the  dust  thoroughly  laid  upon  said  streets. 

Sec.  2.  Any  person,  company  or  corporation  operating  a 
street  railway  company  in  violation  of  Section  1  of  this  reso- 
lution shall,  upon  conviction  thereupon,  before  the  Judge  of 
the  Municipal  Court,  be  fined  not  less  than  ten  (10)  dollars  Penalty  for 

violation, 
nor  more  than  fifty  (50)  dollars,  and  each  and  every  day  when 

the  tracks  are  not  sprinkled  as  aforesaid  shall  constitute  a  new 

and  separate  offence. 

Sec.  3.  All  ordinances  or  resolutions  inconsistent  here- 
with are  hereby  superseded  and  repealed. 

Approved  July  24,  1908. 


A   RESOLUTION  to   prevent   the   unnecessary  Mocking   of 
street  cars  and  passengers  T)y  ivagons  and  other  vehicles. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.    No  person^  shall  unnecessarily  or  wilfully  ob-        j^.^     ^ 
struct  (o)  in  any  manner  whatever  the  passage  of  any  passen-  '^l^y^^' 
ger  or  freight  car  over  or  upon  the  track  of  any  railroad  com- 
pany or  corporation  in  any  street,  square  or  highway. 

(a)  Aside  from  the  above  ordinance  it  is  the  duty  of  persons  on 
foot,  and  in  vehicles,  not  to  obstruct,  or  unnecessarily  delay  street  rail- 
way cars.  The  cars  have  a  suyerior  right  of  way  on  their  tracks,  as  they 
can't  move  outside  them;  but  they  cannot,  on  that  account  abuse  that 
right.     The  right  is  thus  expressed : 

Lore,  C.  J.:  " The  public  were  entitled  to  use  every  part  of  the 
street.  The  electric  cars,  of  necessity,  could  use  only 
those  parts  of  it  covered  by  their  tracks,  *  *  within  fixed  lines.  With- 
in those  lines  the  right  of  the  company  is  superior  to  that  of  other  users, 
and  must  not  be  unnecessarily  interfered  with  or  obstructed.     Such  unob- 


1.     See    Sec.    34,    Resolution  March  26,   1901.  p.   1051  of  this  volume. 


1028  RESOLUTIONS. 

stnicted  use  is  daily  becoming  more  and  more  a  necessity,  in  meeting  the 
needs  of  rapid  transit  and  public  convenience  in  large  and  growing 
cities.  *  *  The  many  people  who  use  electric  cars  for  business  and 
other  purposes,  are  entitled  to  free  and  uninterrupted  transit  in  and 
about  our  citv. ' ' 

Brown  vs"  W.  C.  Ey.  Co.,  1  Penn.  332  at  335.  (yr.  1898) 
On  the  question  of  the  abuse  of  that  superior  right  the  Court  said : 
Spruance,  J.:     "  The  broad  assertion  of  the  superior  right  of  a  rail- 
way company  may  be  subject  to  abuse,  and  should 
not  be  understood  as  exempting  it  in  any  case  from  the  exercise  of  due 
and  proper  care.     It  would  be  a  fearful  doctrine  that  persons  in  charge 
of  street  cars  have  the  right  to  run  down  persons  or  vehicles  whenever 
upon  the  track,  even  when  there  imlawfullv  or  negligently,"  &c. 
Price  vs.  Warner  Co.,  1  Penn.  462  at  471-2.  (yr.  1899) 
See  generally  on  the  question  of  superior  right  and  non-obstruction, 
the  following  cases: 

Maxwell  vs.  W.  C.  Ey.,  1  Marv.  199  at  205-6.  (yr.  1893) 
Higgins  vs.  W.  C.  Ev.,  1  Marv.  352  at  358.  (yr.  1895) 
Farley  vs.  W.  &  N.  C.  E.  Ey.,  3  Penn.  581  at  583.   (yr.  1902) 
Snyder  vs.  Peoples  Ey.,  4  Penn.  145  at  149-150.  (yr.  1902) 
Cox  vs.  W.  C.  Ey.,  4  Penn.,  162  at  164.   (yr.  1902) 
Wilman  vs.  Peoples  Ey.,  4  Penn.  260  at  263.  (yr.  1903) 
Di  Prisco  vs.  W.  C.  Ey.,  4  Penn.  527  at  532.  (yr.  1904) 

Coal  wagons  ^^c.  2.    No  owner,  driver  or  other  person  having  charge 

struct  °'''  •^f  ^^y  wagon  or  other  vehicle  from  which  coal,  coke  or  other 
fuel  is  being  delivered  in  any  street  of  this  city  in  which  car 
tracks  are  laid  shall  place  the  wagon  or  vehicle  in  such  posi- 
tion as  to  delay  street  cars.  Deliveries  of  coal,  coke  or  other 
fuel  in  such  streets  shall  be  made  in  bags,  baskets  or  from  side 
chute  wagons. 

Loading  or  g^^^   3     ^^Tq  owner,  driver  or  other  person  having  charge 

unloading  of  •  l-  ^  ^ 

wagons  Qf  ai2v  Vehicle  shall  stop  the  same  nor  suffer  the  same  to  be 

limited.  '  ^ 

stopped,  SO  as  to  obstruct  the  passage  of  a  car  upon  the  track 
of  any  railroad  company  laid  in  any  street,  except  for  the  pur- 
pose of  placing  upon  or  taking  from  such  vehicle  some  article 
of  merchanxlise  of  such  weight  and  bulk  as  to  prevent  its  being 
done  in  any  other  manner,  and  then  only  during  the  time  that 
such  article  is  being  actually  placed  upon  or  taken  from  such 
vehicle. 

Cars  not  in  Sec.  4.    No  Car  used  for  the  transportation  of  freight  or 

use  not  to  ^  . 

remain  on      merchandise    shall    be    allowed    to    remain    upon    the    main 

street. 

track  («)   of  any  railroad  in  any  street  for  any  longer  time 

than  is  actually  necessary  to  load  or  unload  such  car,  and  no 


RESOLUTIONS.  1029 

car  of  any  description  shall  be  stored  or  allowed  to  remain 
upon  anj^  street  when  not  in  use. 

(a)  The  object  of  this  section  (and  also  Sec.  1  above)  is  to  prevent 
any  unnecessary  obstructing  of  public  travel  on  the  streets.  The  above 
section  sjoeaks  of  the  ' '  main  line. ' '  In  the  case  below  cited,  a  car  had 
been  on  a  sicitch  or  turnout,  and  the  Court  said: 

Bobinson,  C.  J.:  "They"  (the  street  railway  company)  "had  a 
right  to  keep  car  No.  16  a  reasonable  time  on  this 
turn-out,  so  that  car  No.  10  might  pass  it,  or  for  any  other  purpose  neces- 
sary and  proper  for  using  their  cars,  and  we  do  not  think  the  ordinance 
cited  by  the  learned  counsel  deprives  them  of  that  right. ' ' 

Ford  vs.  Warner  Co.  1  Marv.  88  at  92.  (yr.  1893) 

See  Sec.  12,  par.  4  of  ordinance  of  October  30,  1856,  prohibiting 
steam  railroads  to  obstruct  streets  more  than  10  minutes,  except  in  case 
of  accident.     (Page  756  of  this  volume.) 

Sec.  5.    The  provisions  of  Sections  2  and  3  of  this  resoln-  ?J^?®p5.??'^ 

■*■  3S  CO  pi  G- 

tion  shall  not  apply  to  the  part  of  any  street  where  the  rails  ^7°^^  ^ec- 
of  the  street  railway  are  in  such  position  as  not  to  allow  a 
wagon  or  other  vehicle  to  stand  parallel  with  the  curb,  while 
loading  or  unloading,  without  interfering  with  the  passing  of 
the  cars.  In  such  streets,  the  ow^ner,  driver  or  other  person 
having  charge  of  any  vehicle  delivering  or  loading  coal,  coke 
or  other  fuel  or  merchandise  may  delay  street  cars  five  min- 
utes and  no  longer. 

Sec.  6.    Every  person,  company  or  corporation  who  shall 
violate  any  of  the  provisions  of  this  resolution  shall  pay  for 
each  and  every  violation  a  fine  of  not  exceeding  twenty  dol-  Penalty. 
lars. 

Adopted  July  3,  1906. 


A  RESOLUTION    to    prevent    excessive,    unnecessary    and 
avoidable  noise  hy  street  railway  cars  and  motors. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.    That  the  causing,  permitting  or  continuing  of 
any  excessive,  unnecessary  and  avoidable  .noise  in  the  opera- Noisy  cars 

,•  r;  .         ,        -1  .  ,     ,  ,   .     or  motors  a 

tion  01  any  street  railway  car  or  motor,  operated  or  moved  in  nuisance, 
or  upon  any  street,  alley,  lane,  public  place  or  private  right  of 


1030 


RESOLUTIONS. 


way  within  the  limits   of  the   City  of   Wilmington,  shall  be 
deemed  and  hereby  declared  a  public  nuisance. 

Cars,  motors  Sec.  2.     That  owners,  managers  and  operators  of  street 

riricl  trucks 

to  be  in  good  railway  cars  within  the  limits  of  the  City  of  Wilmington  shall 
keep  all  cars,  motors  and  tracks  operated  by  them  in  such  con- 
dition of  structure,  mechanism  and  repair  that  no  excessive, 
unnecessary  and  unavoidable  noise  shall  be  caused  when  such 
motors  or  cars  are  operated  or  moved  on  any  street,  alley,  lane, 
public  place  or  private  right-of-way  in  said  city. 


street  Com- 
missioner 
upon  com- 
plaint to  no- 
tify man- 
ager of  nui- 
sance. 


Abate  witli- 
in  certain 
time. 


Penalty. 


Sec.  3.  When  a  complaint  is  made  to  the  Street  Commis- 
sioner (^)  of  the  City  of  Wilmington  of  excessive,  unnecessary 
and  avoidable  noise  made  by  a  motor  or  car  or  cars  or  motors 
operated  on  any  line  or  portion  of  any  line  of  street  railway 
within  the  limits  of  the  City  of  Wilmington,  and  the  said 
Street  Commissioner  shall  find  that  any  of  the  provisions  of 
Section  2  of  this  resolution  are  being  violated,  he  shall  at  once 
serve  an  order  in  writing  upon  the  manager  of  said  line  to 
abate  and  prevent  the  continuance  of  the  noise  complained  of 
within  not  more  than  two  days  from  the  date  of  said  order 
where  the  noise  is  due  to  fiat  wheels  or  imperfect  machinery 
or  car  equipment  and  within  not  more  than  five  days  from 
date  of  said  order  where  the  noise  is  due  to  imperfect  trackage 
or  roadbed. 

(a)  This  section  should  be  amended,  so  that  anyone  may,  as  in  all 
cases,  swear  out  a  warrant  against  any  railway  company  violating  the 
provisions  of  the  resolution. 

Sec.  4.  Any  person,  violating  any  of  the  provisions  of 
this  resolution,  and  who  shall  fail  or  refuse  to  comply  with  the 
order  of  the  Street  Cormnissioner  relating  thereto,  as  herein 
before  provided,  shall,  upon  conviction  thereof,  be  fined,  not 
to  exceed  fifty  dollars  ($50.00)  for  each  offense,  and  the  oper- 
ating of  each  car  or  motor  causing  such  excessive,  unnecessary 
and  avoidable  noise,  for  each  day  or  part  of  a  day  after  the 
expiration  of  the  written  notice  by  the  Street  Commissioner, 
hereinbefore  provided  for,  shall  constitute  a  separate  offense 
thereunder. 


RESOLUTIONS.  1031 

Sec.  5.    This  resolution  shall  take  effect  and  be  in  force 
from  and  after  the  date  of  its  passage. 

Adopted  July  10,  1906. 


A  EESOLUTION  relating  to  unused  railway  grants. 

Whereas,  It  appearing  that  certain  street  railway  fran- 
chises or  permission  to  lay  tracks  upon  and  use  certain  streets 
of  this  city  were  granted  some  j^ears  ago  by  the  Street  and 
Sewer  Department  without  limit  as  to  the  beginning  or  com- 
pletion and  operation  of  such  railways,  and 

Whereas,  Some  such  grants  not  having  been  used,  it 
would  seem  contrary  to  good  public  policy  to  longer  continue 
them  in  force,  therefore 

Resolved,  That  all  franchises  for  new  roads  or  extensions  Franchises 
of  old  ones,  heretofore  granted  by  this  Department  to  street  rescinded 
railway  companies  in  this  city  without  limit  and  not  used,  be  nulled. 
and  the  same  are  hereby  recalled  and  annulled.  (^) 

(a)  The  law  as  to  when  the  grant  of  a  franchise,  ipso  facto,  ceases 
to  exist,  because  of  a  non-exercise  of  it,  or  a  failure  to  comply  with  the 
terms  within  the  time  fixed  by  law,  and  when  affirmative  action  has  to  be 
taken,  is  laid  down  by  Nicholson,  Ch.,  in  the  cases  of 

Wil.  C.  Ey.  Co.  vs.  Wil.  &  B.  S.  Ry.  Co.,  8  Del.  Ch.  468  at  506-7.  (yr. 
1900)  ;  and 

Williamson  vs.  Gordon  Heights  Ey.,  8  Del.  Ch.  192  at  204.  (r.  1898) 

Adopted  February  23,  1905. 


RESOLUTION  annulling  and  avoiding  all  unlimited  consents 
to  railways  to  use  the  streets  of  the  city  for  laying  tracks. 

Whereas,  This  Board  having  heretofore  annulled  and 
avoided  all  unlimited  permits,  consents,  franchises  and  au- 
thority heretofore  granted  to  railways  to  use  the  streets  of  the 
city  for  laying  their  traclvs,  and 

Whereas,  The  Wilmington  City  Eailway  Company  de- 
sired a  hearing  before  this  Board  whereby  to  secure  a  revoca- 
tion of  said  action,  and  an  opportunity  for  such  hearing  has 
been  granted. 


1032  RESOLUTIONS. 

Unused  Noiv,  therefore,  resolved,  That  the  action  heretofore  re- 

franchises  >  i         >  > 

withdrawn,    cited  be  and  the  same  is  hereby  ratified,  readopted,  approved 
and  confirmed  and  that  all  the  unused  permits,  consents,  fran- 
chises and  authorities  heretofore  given  or  granted  to  any  rail- 
way company  as  an  unlimited  permit  to  occupy  or  use  any 
.  street,  lane,  alley,  avenue  or  public  way  in  this  city,  which  has 
not  heretofore  been  utilized  or  of  which  such  company  has 
not  availed  itself  be  and  the  same  are  hereby  withdrawn,  re- 
scinded, revoked,  annulled  and  made  void,  with  the  same  effect 
as  if  the  same  had  never  been  passed,  granted  or  given.  («) 
(a)   See  note  "a,"  page  1031  of  this  volume. 
Adopted  April  4,  1905. 


■  A  RESOLUTION  requiring  railway  companies  to  lay  tracks 
on  streets  for  which  franchise  rights  are  held. 

Whereas,  The  Board  of  Directors  of  the  Street  and 
Sewer  Department  did  grant  to  the  several  railway  companies 
hereinafter  mentioned,  by  good  and  sufficient  resolutions 
adopted,  franchise  privileges  to  lay  tracks  and  operate  street 
railways  on,  through  and  along  certain  streets,  said  railways 
to  be  constructed  and  operated  upon  notice  from  the  Directors 
of  the  Street  and  Sewer  Department  to  said  railway  com- 
panies so  to  do,  and 

Whereas,  It  is  now  demanded  by,  and  deemed  to  be  for 
the  best  interests  of  our  municipality,  and  .its  citizens  that 
such  railway  franchise  privileges  be  carried  out  to  the  fulfill- 
ment of  the  object  of  increasing  street  railway  transportation, 
therefore  be  it 

Resolved,  By  the  Board  of  Directors  of  the  Street  and 
City  Rail-      Sewer  Department  of  Wilmington,  Delaware,  that  the  "Wil- 

way  Co.  and  ^  o        ;  ; 

unio*  Street  ^^i^g'^on  City  Railway  Company"  and  the  "Front  and  Union 
Railway  Co.    Street  Railway  Company"  be  and  they  are  hereby  severally 

directed  to  ^  r-       ^  ^  p      . 

construct       directed  to  construct  and  operate,  as  per  teriiLs  of  divers  reso- 

and  operate  ^  ' 

certain  rail-   lutions,  railway  lines  on  Washington  street  between  Delaware 

way  lines.  ?  ^  -r->    t-.  i 

avenue  and  Elliott  (now  Concord)  avenue,  DuPont  street  be- 
tween Fourth  street  and  Delaware  avenue,  and  also  from  Lan- 


Wilmington 


RESOLUTIONS.  1033 

caster  avenue  (formerly  Front  street)  northerly  along  Dn- 
Pont  street  to  Fourth  street,  and  also  northerly  along  Walniit 
street  from  Front  street  to  Fifth  street,  thence  along  Fifth 
street  to  Church  street,  and  thence  northerly  along  Church 
street  to  Eighth  street,  and  also  along  Vandever  avenue  from 
Claymont  street  to  Market  street,  within  six  months  from  and 
after  the  expiration  of  two  days  from  and  after  the  date  of 
the  adoption  of  this  resolution. 
Adopted  September  25,  1900. 


A  RESOLUTION  regulating  the  leasing  of  the  wharf  prop- 
erty at  foot  of  Church  and  Front  streets  on  the  Christiana 
river. 

Section  1.     The  wharf  property  at  the  foot  of  Church  certain 
and  Front  streets  on  the  Christiana  river  shall  be  exempt  from  ^prfrom 
the  provisions  of  an  ordinance,  entitled  "An  ordinance  regu- of T ce'rtain 
lating  the  leasing  of  all  wharf  property  in  the  City  of  Wil- 
mington," passed  February  9th,  A.  D.  1871,  by  the  Council 
of  Wilmington. 

Sec.  2.     All  ordinances  or  resolutions  inconsistent  here- 
with be  and  the  same  are  hereby  repealed. 
Adopted  March  31,  1893. 


ordinance. 


RESOLUTION  dividing  the  city  into  districts. 

Whereas,  Owing  to  the  extended  boundaries  of  our  city, 
it  is  deemed  to  be  in  the  interest  of  increased  efficiency,  in  the 
matter  of  the  care  of  our  public  streets,  that  the  city  be  di- 
vided into  districts,  therefore 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  WiLmington,  Delaware : 

Section  1.     That  from  and  after  the  first  day  of  the  ^..    ,.  .,  ^ 

•^  City  divided 

month  of  May,  A.  D.  1899,  the  City  of  Wilmington  shall  be  j/j^^^f^jy 
sub-divided  into  four  districts,  each  one  in  charge  of  Super-  each  in 

^  ^         charge  of  a 

visor,  under  the  direction  of  the  Street  Commissioner.  Supervisor. 


Sec.  2.    All  that  section  of  the  city  being  and  lying  south  Boundaries 
of  and  including  Eighth  street  and  east  of  and  including  trict.'^^ 
Washington  street,  shall  be  known  as  the  First  district. 


1034 


RESOLUTIONS. 


Sec.  3.    All  that  section  of  the  city  being  and  lying  north 


Boundaries 
of  Second 

District.         Qf  Eighth  street  and  east  of  and  including  Washington  street 


shall  be  known  as  the  Second  district. 


Boundaries  g^^.  4.    All  that  section  of  the  city  being  and  lying  south 

District.         Qf  Eighth  street  and  west  of  Washington  street  shall  be  known 


as  the  Third  district. 


Boundaries  Sec.  5.    All  that  scction  of  the  citv  being  and  lying  north 

of  Fourth 

District.         of  and  including  Eighth  street  and  west  of  Washington  street 
shall  be  known  as  the  Fourth  district. 


Duties  of 
Supervisors. 


Daily 
reports. 


Sec.  6.  Supervisors  appointed  for  the  districts  herein  men- 
tioned shall  daily  patrol  their  respective  sections  and  see  that 
the  streets  and  gutters  are  kept  clean  and  in  good  condition 
and  repair,  and  to  perform  such  other  duties  properly  brought 
to  notice.  They  will  be  furnished  with  a  list  of  permits  issued 
by  the  Department  for  the  opening  and  use  of  streets,  and 
shall  enforce  the  regulations  concerning  such.  Supervisors 
shall  make  daily  reports  to  the  Directors,  through  the  Street 
Commissioner,  of  all  work  performed,  its  character  and  loca- 
tion and  such  other  information  pertinent. 


Investigate  Sec.  7.    In  the  cvcut  of  an  accident  happening,  the  Super- 

accidents.  ... 

visor  of  such  district  must  make  thorough  investigation  and 

report  through  the  Street  Commissioner  all  particulars  con- 
cerning same,  together  with  names  and  addresses  of  witnesses 
thereto. 

Adopted  April  25,  1899. 


Office  of 
bookkeeper 
and  assist- 
ant secre- 
tary com- 
bined. 


Bookkeeper  to  he  Assistant  Secretary. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department,  that  the  offices  of  bookkeeper  and  as- 
sistant to  the  Secretary  of  the  Department  shall  be  immedi- 
ately combined  and  the  present  bookkeeper  shall  perform  the 
duties  of  such  combined  offices  and  shall  be  known  as  the  "As- 
sistant Secretary." 


RESOLUTIONS.  1035 

All  resolutions  or  parts   of  same  inconsistent  herewith 
shall  be  and  the  same  are  hereby  superseded. 

Adopted  May  1,  1900. 


^A  KESOLUTION  in  relation  to  the  engineers  employed  by 
the  Street  and  Sewer  Departme^it  of  Wilmington. 

That  it  shall  employ  an  engineer  who  shall  have  charge  of  ^     . 

.         .  .  .      Engineers 

all  sewer  work  in  said  citv,  and  shall  be  known  as  Engineer  in  jn  charge  of 

.  Sewers. 

Charge  of  Sewers.  It  shall  also  employ  one  or  more  engineers 
who  shall  assist  the  Engineer  in  Charge  of  Sewers  in  carrying 
out  all  orders  of  said  board. 

The  term  of  office  of  said  engineers  shall  commence  on  the  Term  of 
first  day  of  February,  1892,  and  continue  until  they  are  dis- 
charged by  said  board  upon  proof  of  incompetency  or  neglect 
of  duties  either  in  field  or  office,  or  for  other  sufficient  reasons. 

The  salary  of  the  Engineer  in  Charge  of  Sewers  shall  be  Amendment 
[eighteen]   hundred  dollars  per  year,  payable  monthly;  the  of Mar°ch^'°" 
salary  of  the  Second  Engineer  in  Charge  of  Sewers  shall  be  ^^'  "^^^^" 
one  thousand  and  eighty  dollars  per  year,  payable  monthly,      salary. 

Each  engineer  shall  act  in  conjunction  with  the  Chief  En-  Duties  of 

'^  "  ,  engmeers. 

gineer  of  the  city  in  the  care  and  maintenance  of  all  instru- 
ments, maps,  plans,  drawings,  records  and  books  relating  to 
the  surveys,  regulations  and  grades  of  all  culverts  and  sewers 
of  the  city;  and  before  entering  upon  the  duties  of  his  office, 
he  shall  make  oath  or  affirmation  before  the  City  Judge  or  the  Oath. 
IMayor  that  he  will  faithfull}^  discharge  the  duties  of  his  office, 
as  the  same  are  or  may  hereafter  be  lawfully  defined. 

And  each  said  engineer  shall,  before  entering  upon  said 
office,  execute  a  bond  with  two  securities  to  be  approved  by  the 
Board  of  Directors  aforesaid  in  the  sum  of  two  thousand  dol- 
lars, conditioned  for  the  pajmient  of  an}'  damages  which  may 


1.  By  ordniance  of  February  10,  1910,  the  engineering  force  was  in- 
creased and  the  salaries  readjusted.  This  ordinance  is  not  included  here 
because  this  volume  is  compiled  to  Dec.  31,  1909. 


1036 


RESOLUTIONS. 


be  sustained  or  incurred  for,  or  in  consequence  of  any  mistake 
or  error  made  by  him  in  giving  the  line  or  lines,  grade  or 
grades,  which  he  may  survey  by  virtue  of  his  office ;  provided, 
that  the  same  shall  not  be  recoverable  unless  prosecuted  dur- 
ing his  term  of  office,  or  within  one  year  after  the  expiration 
thereof. 

That  the  resolution  of  this  board  passed  March  7th,  1890, 
and  all  other  ordinances  or  resolutions,  or  parts  of  ordinances 
or  resolutions  inconsistent  herewith  be  and  the  same  are  here- 
by repealed  and  made  null  and  void. 

Adopted  February  16,  1892. 


A  RESOLUTION  to  create  a  Pliimhing  Inspector  for  the  City 
of  Wilmingto7i  and  to  provide  rules  and  regulations  rela- 
tive to  plumhi7ig  and  drain  laying,  in  accordance  with  an 
Act  of  the  Legislature. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 


To  appoint 
a  Plumbing 
Inspector. 


Present  in- 
cumbent. 


Term  of 
office. 


Section  1.  That  the  said  Board  shall  appoint  some  suit- 
able person  to  fill  the  office  of  Plumbing  Inspector  for  the  City 
of  Wilmington,  who  shall  possess  all  the  qualifications  herein- 
after provided  and  whose  duty  it  shall  be  to  see  that  all  the 
rules  («)  and  regulations  by  this  resolution  prescribed,  are 
properly  carried  into  effect.  The  present  incumbent  is  hereby 
continued  under  provisions  of  the  succeeding  paragraph. 

(a)   As  to  the  legal  meaning  of  the  word  "rules,"  see  the  case  of 
Morris  et  al  vs.  Pilot  Corns.,  7  Del.  Ch.  p.  136.  (yr.  1894) 
See  76  "a"  of  the  Charter. 

The  Plumbing  Inspector  hereby  appointed  shall  hold  of- 
fice until  the  position  shall  be  declared  vacant  by  the  Board  of 
Directors  of  the  Street  and  SeM^er  Department,  and  a  notice  of 
such  action  to  the  incumbent  shall  be  sufficient  to  terminate 
his  service. 


Who  eligible  Sec.  2.    No  pcrson  shall  be  eligible  for  the  office  of  Plumb- 

fnginspec-     ing  Inspector,  unless  he  has  had  five  years  practical  experi- 
^°^'  ence  as  a  journeyman  plumber,  and  has  been  a  resident  citizen 


RESOLUTIONS.  1037 

of  the  City  of  Wilmington  for  an  unbroken  period  of  five  years 
preceding    his    appointment    as    Plumbing    Inspector.      The 
Plumbing  Inspector,  before  entering  on  his  duties,  shall  make 
oath  («)  or  affirmation  before  the  Mayor  of  the  City  of  Wil- 
mington that  he  will  faithfully  enforce  the  rules  and  regula- 
tions governing  plumbing  and  drain  laying.  He  shall  also  give 
bond  to  the  Mayor  and  Council  of  Wilmington,  in  good  free-  Bond, 
hold  security,  in  the  sum  of  two  thousand  dollars  ($2,000)  for 
the  faithful  performance  of  his  duties  as  prescribed  by  this 
resolution.    He  shall  receive  for  his  services  a  salary  of  fifteen  salary. 
hundred  dollars  ($1,500)  per  annum,  payable  monthly.     He 
shall  be  charged  with  the  inspection  of  all  plumbing  in  all 
buildings,  and  the  ventilation  of  all  water  closets,  cesspools, 
soil  pipes,  drain,  waste  and  ventilating  pipes  from  all  sanitary 
.fixtures  that  may  be  placed  in  house  or  houses,  building  or 
buildings,  of  any  description,  that  may  be  erected,  altered  or 
changed,  in  the  City  of  Wilmington,  after  the  passage  of  this 
resolution.     He  shall  make  two  inspections,  or  more  if  neces-    "*'®^- 
sary,  of  all  plumbing  work  in  new  buildings,  and  of  all  altera- 
tions or  additions  to  the  plumbing  in  old  buildings.     The  first 
inspection  shall  include  all  soil,  waste,  drain  and  vent  pipes, 
and  the  second  inspection  shall  include  all  soil,  waste,  drain 
and  vent  pipes,  all  fixtures  and  their  connections  to  soil,  wa^te, 
drain  and  vent  pipes.     He  shall,  as  far  as  may  be  necesasry 
for  the  performance  of  his  duties,  and  for  the  maintenance  of 
the  health  of  the  citizens  of  Wilmington,  have  the  right  to  en-  Right  to 
ter  any  building  or  premises  in  the  city  limits.    He  shall  have  ings. 
the  right  to  order  the  removal  of  any  plumbing  fixtures,  soil, 
drain  or  waste  pipes  that  are  in  an  unsanitary  condition.   Any 
person  who  shall  interfere  with  him  in  the  performance  of  terference. 
such  duties  shall  be  liable  to  a  fine  of  not  less  than  $10  nor 
more  than  $20,  for  each  offense.     The  Plumbing  Inspector 
shall  not  engage  in  the  occupation  of  plumbing  directlj^  or  in-  in  plumbing 
directly  while  holding  office. 

(a)   The  above  oath  is  not  sufficient. 

' '  Every  officer  of  the  city,  before  he  enters  upon  the  duties  of  his 
office, ' '  must  take  the  oath  prescribed  in  Sec.  5  of  the  Charter. 

Sec.  3.    Everj-  person,  firm  or  corporation  desiring  to  en-  ^^pfy'^or' 
gage  in  the  business  of  plumbing  in  the  City  of  Wilmington  as  ^lu^ber's 

license. 


1038 


RESOLUTIONS. 


Application 
to  be  filed  in 
writing. 


Board  of  Di- 
rectors may 
grant  li- 
cense. 


License  fee. 


a  master  or  employing  plumber,  in  connection  with  the  public 
or  private  sewers,  gutters  or  water  courses  of  the  City  of  Wil- 
mington, shall  file  in  the  office  of  the  Street  and  Sewer  De- 
partment an  application  in  writing,  giving  his  name,  resi- 
dence, place  of  business  and  number  of  years  he  has  worked  at 
plumbing,  in  case  of  an  application  of  an  individual.  In  case 
of  a  firm  the  application  shall  state  the  name,  residence  of  each 
person  constituting  said  firm,  place  of  business  of  said  firm, 
and  number  of  years  each  member  of  said  firm  has  worked  at 
plumbing.  In  the  case  of  a  corporation  the  application  shall 
state  place  of  business,  name  of  corporation,  name  and  resi- 
dence of  president,  name  and  residence  of  the  member  or 
members  of  the  corporation  who  are  practical  plumbers,  and 
state  number  of  years  he  or  they  have  worked  at  plumbing. 
Each  applicant  shall  ask  for  a  license  as  a  master  plumber.  If 
the  Board  of  Directors  of  the  Street  and  Sewer  Department 
shall  be  satisfied  of  the  applicant's  skill  and  responsibility  to 
carry  on  the  business  as  applied  for  in  accordance  with  the 
rules  and  regulations  of  said  board,  they  may  grant  such  li- 
censes. And  for  every  such  license  to  carry  on  the  business  of 
master  plumber  the  applicant  shall  pay  to  the  Board  of  Direc- 
tors for  the  use  of  the  city  the  sum  of  $5. 


Only  com- 
petent per- 
sons can  be 
licensed. 


License  ex- 
pire Dec.  31. 


No  license  shall  be  granted  to  carry  on  the  business  of 
master  or  employing  plumber  to  any  indi\ddual  nor  to  any 
firm  or  corporation  unless  they  can  show  to  the  satisfaction  of 
the  Board  of  Directors  of  the  Street  and  Sewer  Department, 
that  they  are  competent  to  fulfill  all  the  requirements  neces- 
sary to  do  plumbing  work  in  a  sanitary  manner.  No  licenses 
shall  be  granted  for  more  than  one  year,  and  all  licenses  shall 
expire  on  the  31st  day  of  December  of  each  year. 


Only  li- 
censed per- 
sons can  en- 
gage in  busi- 
ness. 


Sec.  4.  No  person  other  than  a  licensed  plumber  shall  be 
allowed  to  carry  on  or  engage  in  the  business  of  plumbing  in 
the  City  of  Wilmington,  or  make  any  connection  with  any 
sewer,  drain,  soil,  waste  pipe  or  water  course,  or  any  pipe  or 
fixture  connected  with  the  plumbing  of  any  house,  houses, 
building  or  buildings  in  the  City  of  Wilmington.  Provided, 
that  nothing  in  this  resolution  shall  prevent  any  firm  or  cor- 
poration regularly  employing  journeymen  plumbers  from  do- 


RESOLUTIONS.  1039 

ing  any  work  of  this  kind  on  and  within  the  buildino;  line  of  Persons  not 

°         "^  °  licensed  can 

the  premises  in  which  they  are  permanently  conducting  their  ^^  7^^°^^  '^^ 
business,  if  they  have  first  deposited  with  the  Secretary  of  the  p''®'!'^^®^  i* 

'  "^  ^  _       "^  bond  IS  de- 

Street  and  Sewer  Department  an  approved  bond  in  the  sum  posited. 

of  one  thousand  dollars  ($1,000)  ;  conditioned  the  same  as  re- 
quired for  master  plumbers. 

Sec.  5.     [Upon  receiving  a  license  as  master  plumber,  the  resolution  of 
person,  firm  or  corporation  to  whom  the  same  is  issued  shall  sewer  De- 
deposit  the  sum  of  twenty-five  dollars  with  the  Board  of  Di-  Dec.  26,  i905. 
rectors  of  the  Street  and  Sewer  Department  for  the  uses  and  Eoa^d  of^i^ 
purposes  hereinafter  specified,  and  shall  execute  and  deliver  ""^^tors  $25. 

^       ^  IT  7  Amended  by 

to  the  Secretary  of  said  Board,  a  good  and  satisfactory  surety  resolution  of 

•^  J        3  ..•'"'    Of  Street  and 

bond  executed  bv  the  person,  firm  or  corporation  in  whose  Sewer  De- 
partment, 
name  the  license  is  to  be  issued  and  a  surety  company  to  be  ap-  Jan.  22, 1907. 

proved  by  said  Board,  in  the  sum  of  one  thousand  dollars,  ^i°oo1)°o  in- 
conditioned  that  such  person,  firm  or  corporation  and  his  or  ^f^^"^^^ 
their  surety  or  sureties  shall  indemnify  and  save  harmless  («) 
"The  Mayor  and  Council  of  Wilmington"  of  and  from  all 
damage  or  loss  incurred  by  the  said  ' '  The  Mayor  and  Council 
of  Wilmington, ' '  growing  out  of  or  in  any  way  connected  with 
the  negligence  of  such  person,  firm  or  corporation,  incident  to 
the  prosecution  of  work  done  under  and  by  virtue  of  the  au- 
thority contained  in  said  license,  and  also  for  any  cost  or  ex- 
pense incurred  by  the  said  "The  Mayor  and  Council  of  Wil- 
mington ' '  in  repairing,  replacing  or  restoring  any  streets  or  ^treets^o 
pavements  over  any  opening  or  excavation  made  by  such  li-  d°tion.^  ^°^' 
censee,  to  a  safe  and  workmanlike  condition ;  and  a  further 
condition  to  keep  and  maintain  such  street  or  pavement  at  the 
place  where  such  work  shall  have  been  done  in  a  safe  and  pass- 
able condition  for  the  period  of  one  year  next  thereafter  the 
completion  of  such  work.]^ 

(a)  The  city  should  take  care  that  its  bonds  of  indemnity  be  good, 
for  it  is  liable  in  damages  to  one  injured  by  the  negligent  acts  of  plumb- 
ers. For  the  time  they  are  doing  work  in  the  streets,  they  are  practically 
the  agents  of  the  city,  and  the  city  cannot  shirk  or  shift  its  responsibility. 

Comegys,  C.  J.:  " Under  tlie  authority  of  its  charter,  and  the  or- 
dinances passed  in  pursuance  of  legislative  power, 


1.     See  provisions  of  a  Resolution  relative  to  opening  of  beds  of  streets, 
adopted  July  9,  1889,  on  p.  1004  of  this  volume. 


1040 


RESOLUTIONS. 


Register. 


it  oftentimes  authorizes  by  license,  pariies  not  in  its  employ,  to  do  cer- 
tain things;  as  for  example  *  *  to  open  the  public  streets  and  side- 
walks with  trenches,  to  connect  house-drains,  water  or  gas  pipes  with  the 
public  mains  in  the  street,  taking  from  them,  or  having  the  power  to  take, 
indemnity  to  protect  the  city  from  suits  or  liabilities  of  any  kind  grow- 
ing out  of  the  grant  of  such  privilege,"  &c.   (.526) 

As  to  its  duty  to  keej)  the  streets  in  a  reasonably  safe  condition,  and 
that  it  cannot  transfer  this  responsibility,  the  Court  said : 

"It  is  as  obligatory  upon  it  as  the  payment  of  taxes  uj^on  an  indi- 
vidual, and  can  neither  be  assigned  nor  transferred  to  individual  parties, 
so  as  to  relieve  itself  from  such  incident  to  its  existence. ' ' 

Anderson  &  Son  vs.  Mayor  and  Council  of  Wil.,  8  Houst.  516  at  527. 
(yr.  1889) 

All  persons,  firms  or  corporations  receiving  a  license  as 
master  plumber,  shall  register  with  the  Plumbing  Inspector 
the  location  of  their  actual  place  of  business,  the  name  under 
which  such  business  is  conducted,  and  shall  immediately 
notify  the  said  Plumbing  Inspector  of  any  changes  in  either. 
They  shall  display  in  a  conspicuoiLs  manner  in  front  of  their 
place  of  business,  a  sign  bearing  the  words  "Licensed 
Plumber"  in  letters  not  less  than  three  inches  square. 


Boai'd  may 
use  deposit 
for  repairs. 


Wlien  to  re- 
turn deposit. 


The  Board  of  Directors  of  the  Street  and  Sewer  Depart- 
ment shall  have  authority  to  use  any  part,  or  the  whole  of  the 
sum  of  twenty-five  dollars  deposited  as  hereinbefore  provided, 
in  making  good  any  defective  work  in  connection  with  open- 
ing streets  or  connecting  with  sewers,  and  any  licensee  under 
this  Act  shall  on  notice  replace  the  amount  so  expended  so  as 
to  keep  the  deposit  up  to  the  full  sum  of  twenty-five  dollars. 
At  the  expiration  of  said  period  of  one  year,  such  portion  of 
said  deposit  as  shall  not  have  been  expended  as  hereinbefore 
provided  shall  be  returned  by  the  said  Board  of  Directors  to 
the  person,  firm  or  corporation  by  whom  the  same  was  de- 
posited. ] 


Furr^l^h  the  g^c.  6.    Before  any  portion  of  the  plumbing  and  draining 

Inspector       system  of  any  building  shall  be  constructed  or  reconstructed, 

with  state-        ^  ^  o 

ment  and       there  shall  be  furnished  to  the  Plumbing  Inspector  a  descrip- 

plans  before  ox 

commencing  tion  or  statement  of  the  proposed  work,  together  with  a  de- 
work.  ^ 

tailed  drawing  showing  the  run  of  soil,  dram,  waste  and  ven- 
tilating pipes,  signed  by  the  plumber,-  giving  the  number  and 
kind  of  fixtures  to  be  used  in  said  work,  the  size  and  quality  of 
soil,  drain,  waste  and  ventilating  pipes  to  be  used,  and  such 


RESOLUTIONS.  1041 

other  informatiou  as  will  give  the  Inspector  a  complete  knowl-  ^t^'teme^^nt 
edge  of  the  work  to  be  done.    The  said  statement  and  plan  to  '^  authority. 
be  made  in  duplicate   upon  blanks  to  be  provided  by  the 
Plumbing  Inspector,  and  when  approved  by  said  Inspector 
such  approval  shall  be  endorsed  on  one  copy  of  the  statement 
and  plan  by  the  said  Inspector  and  returned  to  the  plumber 
as  his  authority  for  executing  the  work ;  the  other  copy  to  be 
retained  by  the  Plumbing  Inspector.     The  work  must  be  exe- 
cuted strictly  in  accordance  with  the  approved  statement  and 
plan.    Any  alterations  must  receive  the  approval  of  the  said  Alterations 
Inspector.     This  regulation  also  applies  to  any  extension  or  ^j-o^^d^  ^''' 
alterations  of  old  Avork  but  does  not  apply  to  such  work  as  can  Regulations 
be  properly  classed  under  the  head  of  repairs.    The  Plumbing  ^'ork  bSt°^'^ 
Inspector  shall  not   approve  any  statement  or  plan  of   any  """^  ""^p^""^- 
■plumbing  work  requiring  connections  to  be  made  w^th  a  public 
or  private  sewer  («)  until  an  application  to  connect  with  said  pians  for 
public  or  private  sewer  has  been  filed  with  the  Directors  of  the  noTtobe'ap- 
Street    and    Sewer   Department;    said    application    must    be P^mit to-^^^ 
signed  by  a  licensed  master  plumber,  and  made  to  comply  with  nt^t1on°is ' 
Section  27  of  this  resolution.  .secured. 

(a)   See  Sec.  32  "a"  of  this  Act. 

Sec.  7.    The  Plumbing  Inspector  shall  be  notified  prompt-  ^.^^^  notice 
ly  by  the  plumber  when  the  plumbing  and  drainage  work  of  °|g^°'"^j. 
building  or  any  portion  thereof  is  completed  and  ready  for  in-  inspection, 
spection  and  testing.     All  inspections  and  testings  shall  ^6  ^^^  ^^^^  ^.^j^_ 
made  by  the  Inspector  within  twenty  working  hours  from  such  in  20  hours. 
notification.     Any  such  systems  put  in  and  covered  without 
due  notice  to  the  Plumbing  Inspector  must  be  uncovered  for  Uncover 
examination  at  the  direction  of  said  Inspector.    If  the  Plumb-  work  for  in- 

^  _  spection. 

ing  Inspector  should  fail  to  make  the  inspection  within  twenty 
working  hours  the  uncovering  shall  be  done  by  the  Inspector 
himself. 

Sec.  8.     When  the  water  closets  of  a  building  are  to  be  Regulations 
connected  to  a  sewer,  cesspool  or  vault,  they  must  be  connected  closets. 
wdth  soil  pipes  not  less  than  four  inches  in  diameter  for  verti- 
cal pipes,  or  five  inches  in  diameter  for  horizontal  pipes;  the 

Grades  of 

latter  to  have  a  fall  of  not  less  than  i  of  an  inch  to  the  foot,  pipes. 


1042 


EESOLUTIONS. 


In  solid 
ground  use 
T.  C.  pipe. 


Kind  of  T. 
C.  pipe. 


T.  C.  pipe 
not  to  be 
used  within 
5  ft.of  foun- 
dation walls. 
Separate 
connections 
witli  sewers 
for  every 
building. 


All  horizontal  drains  within  and  to  a  distance  of  five  feet  be- 
yond the  walls  of  buildings  shall  be  of  cast  or  wrought  iron, 
and  shall  be  so  located  as  to  be  readily  accessible  for  inspec- 
tion. Outside  of  buildings  where  the  soil  is  of  sufficient  solidity 
for  a  proper  foundation  c^dindrical  terra  cotta  pipes  of  the 
best  quality  free  from  flaws,  splints  or  cracks,  perfectly 
burned  and  well  salt  glazed  over  the  entire  inner  and  outer 
surface,  may  be  used,  laid  as  required,  but  in  no  case  shall 
terra  cotta  pipes  be  permitted  within  five  (5)  feet  of  any  foun- 
dation wall  or  for  extension  to  connect  with  rain  water  con- 
ductors, surface  or  air  inlets — and  each  and  every  building 
shall  be  connected  separately  to  a  sewer,  cesspool  or  water 
course. 


Soil  pipe  Should  there  be  no  Water  closet  within  the  building,  the 

above  roof  °' 

12  feet  from   ggil  pipe  leading  from  closet  in  yard  shall  extend  above  the 

wmdows  or  ^    ^  °  •' 

openings.  poof  of  the  building  and  at  a  point  to  be  designated  by  the 
Plumbing  Inspector,  but  in  no  case  shall  the  vent  pipe  ter- 
minate ^vithin  twelve  feet  of  any  window  or  other  opening  pi 
this  or  the  adjoining  building  or  buildings. 


Sizes  of  C.  I. 
pipe  under 
and  above 
ground. 


Extra  heavy 
C.  I.  pipe 
and  weight 
of  same. 


All  pipes  to 
be  direct, 
accessible 
and  pro- 
tected from 
frost. 

How  placed 
in  parti- 
tions, &c. 


Sec.  9.  All  cast  or  wrought  iron  pipes  must  be  sound, 
free  from  holes,  and  when  laid  under  ground  shall  have  a  uni- 
form thickness  of  not  less  than  |  of  an  inch ;  when  placed 
above  ground  said  pipes  shall  have  a  uniform  thickness  of  not 
less  than  ^  of  an  inch.  Where  the  building  is  over  sixty  feet 
high  above  the  curb,  pipes  of  the  following  weights  shall  be 
used  with  extra  heavy  fittings:  Two  inch,  five  and  one-half 
pounds  per  lineal  foot;  three  inch,  nine  and  one-half  pounds 
per  lineal  foot;  four  inch,  thirteen  pounds  per  lineal  foot; 
five  inch,  seventeen  pounds  per  lineal  foot;  six  inch,  twenty 
pounds  per  lineal  foot;  seven  inch,  twenty-seven  pounds  per 
lineal  foot;  eight  inch,  thirty-three  and  one-half  pounds  per 
lineal  foot ;  ten  inch,  forty-five  pounds  per  lineal  foot ;  twelve 
inch,  fifty-four  pounds  per  lineal  foot. 

Sec.  10.  All  drain,  soil,  waste,  vent  and  supply  pipes 
shall  be  as  direct  and  concentrated  as  possible,  protected  from 
frost  and  readily  accessible  for  inspection  and  convenience  in 
repairing.    When  necessarily  placed  within  partitions  or  in  re- 


RESOLUTIONS.  1043 

cesses  in  walls,  soil  and  waste  pipes  must  never  be  covered  ex- 
cept with  woodwork,  said  woodwork  to  be  so  fastened  with 
screws  (never  nails)  as  to  be  readily  removed.  use  screws 

Sec.  11.     Every  vertical  soil  pipe,  waste  pipe  and  vent  ^  ., 
pipe  must  be  of  cast  or  galvanized  wrought  iron  or  lead,  and  it  and  vent 

^  ^  °  °  '  pipes  to  be 

must  extend  full  size  at  least  two  feet  above  the  roof,  except  in  iron  or  lead, 
the  case  of  flat  roof  tenement  houses,  in  which  case  it  shall  ex- 
tend at  least  six  feet  above  the  roof,  and  in  all  cases  such  pipes  ^^^^^ 
shall  terminate  at  a  point   which   shall   be    approved  by  the  terminate. 
Plumbing  Inspector.    Each  length  shall  be  securely  fastened,  ^g^j^g^j 
and  in  case  of  each  line  of  soil  pipe  it  shall  rest  at  its  foot  on 
a  pier  or  foundation  to  prevent  settling.    All  joints  in  case  of  fl^ie^^^nd^^ 
cast  iron  drain,  soil  or  waste  pipes   must   be   so   filled    with  ^^^j'^^^j 
•oakum  and  lead,  and  hand  caulked  as  to  make  them  gas  tight, 
and  the  amount  of  lead  used  shall   not   be   less   than  twelve 
ounces  to  each  inch  diameter  of  the  pipe  so  connected.     ^^  be  4  hlche^s* 
wrought  iron  pipe  shall  have  gas  tight  screwed  joints.     All 
soil  pipe  shall  be  at  least  four  inches  in  diameter. 

Sec.  12.     There  shall  be  no  traps  placed  on  vertical  soil  No  traps. 
and  waste  pipes.    All  changes  in  direction  in  cast  or  wrought 
iron  pipes  shall  be  made  with  curved  pipes,  and  all  connec- 
tions with  Y  branches  shall  be  made  with  sixth  or  eighth  bends,  bends. 
if  possible. 

Sec.  13.    Soil,  Avaste  and  vent  pipes  in  an  extension  must  ^^    ^    . 

'  ^    ^  Vent  pipes. 

be  extended  above  the  roof  of  the  main  building,  when  other- 
wise they  would  open  within  twelve  feet  of  the  window^s  of  the 
main  house  or  the  adjoining  house. 

Sec.  14.    Where  lead  pipe  is  used  to  connect  fixtures  with 
soil  or  waste  pipes,  or  to  connect  traps  with  vent  pipes,  it  shall  d  lead  pipe, 
not  be  lighter  than  D  pipe. 

.Connection  to  soil  pipes  for  water  closets,  including  hop-  ^nnections*^ 
per  closets  shall  be  made  with  eight  pound  lead  bends  and  how  made, 
brass  floor  plates,  which  shall  be  soldered  to  said  bend.     The 
joint  between  the  plates  and  the  water  closets  shall  be  made 


1044 


RESOLUTIONS. 


with  a  rubber  ring  which  shall  be  bolted  to  the  closet  and  floor 
plate. 


Connections 
with  lead 
and  iron. 


Separate 
traps. 


Sec.  15.  All  connection  of  lead  with  iron  pipes  must  be 
made  with  a  brass  sleeve  or  ferrule  of  the  same  size  as  the  lead 
pipe,  put  in  the  hub  of  the  branch  of  the  iron  pipe  caulked 
with  lead.  The  lead  pipe  must  be  attached  to  the  ferrule  by  a 
wiped  joint. 

Sec.  16.  Every  water  closet,  urinal,  sink,  basin,  wash- 
tray,  bath  and  everj^  tub  or  set  of  tubs  and  hydrant  waste  pipe 
must  be  separateh^  and  effectively  trapped;  urinal  platforms 
if  connected  to  drain  pipes  must  also  be  properly  trapped  and 
a  supply  of  water  so  arranged  as  to  alw^ays  maintain  the  seal 
of  said  traps.  In  no  case  shall  the  waste  from  a  bath  tub  or 
other  fixture  be  connected  with  a  water  closet  trap. 


Traps,  how 
connected 
and  vented. 


Overflow 
pipes. 


Refrigerator, 
Waste  pipes, 
etc. 


Sec.  17.  Traps  must  be  placed  as  near  the  fixtures  as 
practicable,  and  in  no  case  shall  a  trap  be  more  than  two  feet 
from  fixture.  Each  and  every  "trap  shall  be  protected  from 
syphonage  and  be  ventilated  by  an  air  pipe  taken  out  of  the 
crown  of  the  trap  and  branched  into  the  soil  pipe  above  the 
highest  fixture,  or  connected  with  a  special  pipe  erected  for 
ventilating  purposes  onlj',  said  ventilating  pipe  to  extend  at 
least  two  feet  above  the  roof  in  which  case  the  area  of  the  spe- 
cial vent  must  be  increased  as  it  passes  upwards  so  as  to  cor- 
respond to  the  combined  area  of  all  branch  vents  passing  into 
it,  or  by  some  approved  automatic  vent.  Approved  mechan- 
ical traps  may  be  substituted  where  it  is  necessary  or  advis- 
able, but  only  on  special  permit  from  the  Plumbing  Inspector. 

Sec.  18.  Overflow  pipes  from  fixtures  in  each  case  must 
be  connected  on  the  inlet  side  of  the  trap  or  the  same  fixture. 

Sec.  19.  No  safe  under  any  fixtures  shall  be  provided 
with  Rnj  drip,  waste  or  notice-pipe  connected  with  any  soil  or 
waste  pipe.  The  waste  pipe  from  refrigerators  shall  in  no 
case  be  directly  connected  with  any  soil  or  waste  pipe,  or  with 
anv  drain  or  sewer. 


RESOLUTIONS.  1045 

Sec.  20.    Water  closets  must  never  be  in  an  unventilated  ^°^|r"cros-^ 
room  or  compartment  if  it  can  be  avoided.    In  every  case  the  ®t®- 
compartment  must  be  open  to  the  outer  air,  or  be  ventilated  by 
means  of  a  shaft  or  air-duct.    Pan  closets,  hoppers  and  hollow  j^j^^^ 
plunger  closets  are  prohibited.  prohibited. 

Sec.  21.    Water  closets  when  placed  in  the  yard  must  be  ^_ 

•^  Water  clos- 

so  arranged  as  to  be  conveniently  and  adequately  flushed,  and  ets  in  yard, 
their  water  supply  pipes  and  traps  must  be  protected  from 
freezing.     The  compartments  of  such  water  closets  must  be 
ventilated. 

All  traps  and  valves  must  be  placed  in  a  pit,  constructed 
of  brick,  stone  or  cement,  at  least  three  feet  deep,  below  sur- 
iace  of  ground. 

[The  walls  of  said  pit  to  be  at  least  eight  inches  thick,  and  Nw.^S^'igog. 
hopper  valves  must  be  placed  on  iron  valve  rests  and  waste 
connected  above  traps.] 

[Anti-freezing  hoppers  with  valve  constructions  requir-  ^"g^iuffo'^^'of 
ing  no  pit,  approved  by  the  Board  of  Directors  of  the  Street  |^'^|^  ^"^ 
and  Sewer  Department,  may  be  used.]  July's ^1967 

[Houses  over  all  outside  closets  shall  be  at  least  thirty  Amendment. 

.       ,  .  ,  1    .  H    i.      -T^    ^     Nov.  12,  1909. 

mches  square  to  properly  protect,  accommodate  and  laeiiitate 
their  use,  and  built  on  proper  stone,  brick  or  concrete  founda- 
tions satisfactory  to  the  Plumbing  Inspector.] 

Sec.  22.     Rain  water  leaders  must  not  be  used  as  soil.  Rain  con- 
waste  or  vent  pipes,  nor  shall  any  soil,  waste  or  vent  pipe  be  ^^^  °'^^" 
used  as  a  leader. 

Sec.  23.    No  steam,  exhaust,  blow-off  or  drip  pipe  from  a  gte^m  pro- 
steam  boiler  shall  connect  with  the  sewer  or  with  any  drain,  ^"^"^g*^  "^ 
soil  pipe  or  waste  pipe.    Such  pipes  must  discharge  into  a  tank 
or  condenser  from  which  a  suitable  outlet  to  the  drain  may  be 
provided. 

Sec.  24.     Every  plumbing  system  which  includes  water 
closets,  soil,  waste,  drain  and  vent  pipes  leading  to  and  con- 


1046 


RESOLUTIONS. 


Inspections 
and  tests. 


neeting  with  a  public  or  private  sewer,  cesspool,  vault  or  water 
course,  including  those  altered  or  extended,  shall  be  given  two 
inspections  by  and  at  the  expense  of  the  master  plumber,  in 
the  presence  of  the  Plumbing  Inspector.  The  first  test,  which 
shall  be  the  air  test,  to  be  made  when  all  soil,  waste,  drain  and 
vent  pipes  are  placed  in  position,  and  all  pipes,  joints  and 
cleanout  openings,  must  stand  an  air  pressure  of  five  pounds 
per  square  inch.  All  pipes,  joints  and  cleanout  openings  found 
defective  must  be  removed  and  replaced  with  sound  material 
and  another  test  made  in  the  presence  of  said  inspector.  The 
second  inspection  shall  be  made  in  the  presence  of  said  Inspec- 
tor, when  all  fixtures  are  set,  and  connected  to  soil,  waste, 
drain  and  vent  pipes.  If  the  second  inspection  shows  the 
work  to  have  been  properly  executed,  the  Plumbing  Inspector 
shall  issue  to  the  master  plumber  a  certificate  stating  that  such 
work  has  been  executed  in  accordance  with  the  rules  and  regu- 
lations of  the  Street  and  Sewer  Department  governing  plumb- 
ing and  drainage.  No  work  shall  be  considered  as  finished,  nor 
shall  the  plumber's  responsibility  be  released,  until  he  shall 
have  received  his  certificate  from  the  Plumbing  Inspector. 


Removal  of 

imperfect 

work. 


Penalties. 


Sec.  25.  All  work  improperly  executed  and  not  in  ac- 
cordance with  the  provisions  of  the  resolution,  shall,  upon  the 
written  order  of  the  Plumbing  Inspector,  properly  served,  be 
removed  by  the  person,  firm  or  corporation  improperly  exe- 
cuting the  same,  or  by  the  person,  firm  or  corporation  for 
whom  such  improper  work  was  executed,  within  forty-eight 
hours,  and  for  any  failure  to  remove  such  work  after  being  so 
notified  such  persons,  firm  or  corporation  shall  forfeit  and  pay 
a  fine  of  twenty-five  dollars  for  each  and  every  twenty-four 
hours  that  such  work  so  improperly  executed  shall  be  suffered 
to  remain. 


Amended  by  Sec.  26.     [-No  pcrsou  or  pcrsous,  firm  or  Corporation  sliall 

resolution  of  •         •  i      i  t  •  t 

the  Street      make  any  opening  or  excavation  m  the  bed,  roadway  or  side- 

and  Sewer  „        p  t  •    i  i  n  ,i  i 

Department,  walk  01  any  street,  avenue,  highway,  lane,  alley  or  other  pub- 

Aug   20   1909.  .^        0^77./ 

'  lie  place  in  the  City  of  Wilmington,  Delaware,  for  any  pur- 
pose whatever,  except  master  plumbers  licensed  by  the  Board 
of  Directors  of  the  Street  and  Sewer  Department  as  hereinbe- 


KESOLUTIONS,  1047 

fore  provided  and  in  accordance  with  provisions  hereinafter 
provided. 

Public  service  corporations  havine"  franchises  for  the  use  when  public 

service  cor- 

of  the  streets,  avenues,  highways,  lanes  and  allevs  mav  open  porations 

.  ■  T   n       "  ^  •  "^^y  open 

and  excavate  same  to  do  work  contemplated  m  said  franchises,  streets. 
upon  application  to  the  Street  and  Sewer  Department  of  the 
City  of  Wilmington  for  permits  for  such  purposes,  in  accord- 
ance with  terms,  charges  and  regulations  provided  therefor. 

.  All  excavations  or  openings  necessary  to  be  made  in  the  whe'n  made^' 
bed  or  roadway  between  the  curb  lines  of  any  street,  avenue,  ancf  sewer 
highway,  lane,  alley  or  other  public  place  for  the  purpose  of  Department, 
lajdng,  repairing,  renewing,  altering  or  cleaning  drains,  steam 
•pipes,  or  for  any  purpose  in  connection  with  the  public  or  pri- 
vate sewers,  gutters,  water  courses,  steam  pipes,  conduits  or 
other  thing  located  in  the  public  streets  will  be  made  by  the 
Street  and  Sewer  Department  in  accordance  with  the  terms 
hereinafter  mentioned,   except  all  work  in  connection  with 
water  pipes,  which  the  Board  of  Water  Commissioners  have 
provided  for. 

Permits  («)  will  be  issued  to  master  plumbers,  licensed  as  Permits, 
provided  in  this  resolution,  to  open  and  excavate  the  sidewalks  granted  by 
or  footways  of  the  streets,  avenues,  highways,  lanes,  alleys  or  sewer  De- 
other  public  places  for  the  purpose  of  laying,  repairing,  re-  ^^^  ™*^"  ' 
newing,  altering  or  cleaning  drains,  water  pipes,  steam  pipes 
or  for  any  purpose  in  connection  with  the  public  or  private 
sewers,  gutters,  water  courses,  water  pipes,  steam  pipes,  con- 
duits or  other  thing  located  in  the  public  streets,  provided,  ap- 
plication is  made  to  the  Street  and  Sewer  Department  there- 
for. 

(a>  See  Sec.  32  "a"  of  this  Act. 

When  it  is  necessary  for  the  bed  or  roadway  of  any  street,  Application 
avenue,  highway,  lane,  alley  or  other  public  place  between  the  street"to  be 
curb  lines  to  be  opened  or  excavated  for  any  of  the  purposes  blank  to"^ 
heretofore  mentioned  or  for  any  purpose,  application  shall  be  sewer  De- 
made  to  the  Street  and  Sewer  Department  on  blanks  provided  ''^'^  "^^^  ' 
for  such  purposes  by  said  Department. 


1048  RESOLUTIONS. 

Applicant  to  The  applicant  must  truly  state  all  the  purposes  for  which 

to  state  the    ^}-^g  opeiiinsT  or  excavation  is  required,  the  street  and  number 

purposes  i'  »  i  ? 

therefor  in  Qf  h^q  property  requiring  the  work,  which  side  of  the  street 
with  the  distance  and  direction  from  the  nearest  street  inter- 
section, the  number  of  openings  required,  and  all  other  par- 
ticulars for  a  full  understanding  of  the  subject,  and  designate 
the  time  when  excavation  or  opening  is  to  be  made,  and  must 
be  signed  by  the  party  or  parties  desiring  such  work  to  be 
done,  or  their  authorized  agents.  Upon  the  filing  of  such  ap- 
plication with  the  Street  and  Sewer  Department,  if  all  the  re- 
quirements of  the  laws  and  regulations  of  the  city  have  been 
complied  with  the  charges  for  such  work  fixed  by  the  Street 
and  Sewer  Department  must  be  paid  before  work  will  be  per- 
formed by  the  Street  and  Sewer  Department. 

work^wiube  jj^  g^y  gj^gg  where  the  application  has  not  truly  stated 

application     ^}jg  correct  measurements  of  the  surface  to  be  opened  or  exca- 

does  not  ^ 

facts  full  vated  or  the  true  purposes  for  which  the  excavation  was  re- 
quired, the  work  shall  not  proceed  beyond  the  curb  line  until 
such  excess  expense,  if  any,  has  been  paid  for  by  the  applicant, 
such  excess  to  be  calculated  at  the  aforementioned  rates.  iS^o 
permits  will  be  issued  to  any  master  plumber  to  open  or  exca- 

mks  re'fused  ^atc  the  sidewalks  until  all  charges  for  work  performed  by  the 
Street  and  Sewer  Department  have  been  paid. 

If  street  In  cases  of  repairs,  renewals,  alterations  or  cleaning  of 

D^parliment   drains  or  other  pipes  or  conduits,  the  labor  and  materials  di- 

nfultTe'paid  rcctly  concerned  with  such  repairs,   alterations  or  cleaning 

therefor.        ^^^^  ^^  performed  and  furnished  by  and  at  the  expense  of  the 

master  plumber,  or  if  performed  and  furnished  by  the  Street 

and    Sewer    Department,    the    actual    cost    thereof   shall   be 

charged  in  addition  to  the  charges  hereinbefore  mentioned, 

and  shall  be  paid  by  said  master  plumber  before  any  further 

permits  shall  be  issued  to  said  mastei*  plumber.] 

reStion^of  Sec.  27.    No  permit  («)  will  be  granted  [for  connecting 

fewer  EH^  any  property  with  any  sewers]  unless  application  be  made 
20*^1909'.^"^'  therefore  in  writing  upon  printed  blanks  furnished  by  the  De- 
Appiication    r)artment,  bv  the  owner  of  the  property  to  be  drained  or  by 

for  sewer  ^  ?      •  .  , 

permits.         his    cluly    authorized    attorney,    and    by    a    licensed    master 


RESOLUTIONS.  1049 

plumber  to  do  the  work.  The  application  must  state  that  the 
owner  or  agent  as  aforesaid  will  be  subject  to  all  the  rules  (^) 
and  regulations  and  penalties  prescribed  by  the  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department ;  also  state  the 
full  name  of  owner,  the  size  and  kind  of  drain  pipe  to  be  used,  undTr  what^ 
the  street  and  number  of  building  (if  numbered),  give  a  clear  l^anted"^^ 
description  of  the  premises,  which  side  of  the  street,  with  the 
distance  and  direction  from  the  nearest  street  intersection,  the 
size  and  dimension  of  the  lot  to  be  drained,  and  must  fully 
and  truly  state  all  the  purposes  for  which  the  drain  is  to  be 
used,  and  all  other  particulars  for  a  full  understanding  of  the 
subject,  and  designate  the  time  when  connection  is  to  be  made. 
The  owner  or  attorney,  as  above,  must  also  execute  a  release  of 
the  INIayor  and  Council  of  Wilmington,  or  their  duly  author- 
ized officers,  from  all  liability  or  damages  which  may  in  any 
manner  result  to  the  premises  by  reason  of  such  connection. 
No  permit  shall  be  deemed  to  authorize  anything  not  stated  in 
the  application,  and  for  any  misrepresentations  in  such  appli-  sentations. 
cation,  the  drain-layer  may  be  fined  or  suspended,  and  if  it  ap- 
pears to  be  "wilful,  his  license  will  be  revoked. 

(a)  See  Sec.  32  "a"   of  this  Act. 

(b)  See  Sec.  1  "a"  of  this  Act. 

[No  permit  for  opening  or  excavating  sidewalks  or  foot- 
ways will  be  granted  for  connecting  property  with  any  sewer 
until  all  liens  or  charges  provided  by  law  have  been  paid.] 

[In  cases  where  the  Board  of  Health  of  the  City  of  Wil-  ^^^o^i'^^^fn^o^f 
mington  has  ordered  properties  to  be  connected  with  sewers,  q^J^^  ^^ 
thirtj'  (30)   days  from  the  date  of  issue  of  permits  for  such  P^^'t^ent, 
work  will  be  allowed  the  master^  plumber  to  fully  complete  the  i907. 
work  required  by  said  Board  of  Health,  and  no  permits  will  be 
issued  to  the  master  plumber  after  the  expiration  of  the  said 
thirty  (30)  days,  unless  said  work  has  been  fully  completed  to 
the  satisfaction  of  the  Board  of  Health,  or  unless  the  Directors 
of  the  Street  and  Sewer  Department  shall  find  cause  to  extend 
the  time  on  account  of  weather  conditions  which  prevent  the 
completion  of  the  work  within  the  time  allowed  in  the  per- 
mits.] 


1050 


RESOLUTIONS. 


No  partner- 
ship drains. 


Regulations 
for  laying 
drain  pipes, 
etc. 


resoiutfcHi^o^  ^^^-  ^^-     ^^^  connecting  a  private  sewer  or  drain  with  a 

iewlr  De-      P^ibHc  or  another  private  sew^er,  the  branches  which  shall  have 
Aug"2o"i909  ^^^^  ^^^^  ^^  ^^®  curb  line  must  be  used  for  such  connection.] 

Size  and  Sec.  29.    In  all  cases  the  drain  or  sewer  pipes  herein  al- 

luded to,  extending  from  the  main  sewer  in  the  street  to  a 
point  five  feet  outside  of  the  building,  or  if  not  taken  into  the 
building,  then  to  any  other  place  which  it  is  intended  to  drain 
must  consist  of  iron  or  good  salt  glazed  terra  cotta  pipe  sub- 
ject to  approval,  and  shall  be  six  (6)  inches  in  diameter,  ex- 
cept by  consent  of  the  Street  and  Sewer  Department. 

Sec.  30.  When  it  is  possible,  every  house  or  property 
must  be  separately  and  independently  connected  wdth  the 
street  sewer,  and  in  no  case  will  a  partnership  drain  be  al- 
lowed except  permission  be  given  expresslj^  by  the  Street  and 
Sewer  Department  and  approvd  bj^  the  Plumbing  Inspector. 

Sec.  31.  The  least  inclination  that  w411  be  allowed  for 
water  closet,  kitchen  and  all  other  drains,  of  not  over  six 
inches  in  diameter  liable  to  receive  solid  substances  is  one- 
quarter  of  an  inch  in  one  foot ;  and  for  cellar  and  other  drains 
to  receive  water  only,  one-eighth  of  an  inch  in  one  foot ;  pipes 
to  be  laid  in  a  trench  carefully,  with  the  bottom  trimmed  to  a 
perfect  and  unbroken  grade  and  in  a  straight  line  from  main 
sewer  to  house  line,  and  having  depressions  for  joints  of  pipe 
so  that  each  length  of  pipe  shall  be  evenly  supported  through- 
out the  entire  drain,  joints  to  be  made  by  filling  the  space  be- 
tween spigot  and  bell  ends  with  hydraulic  mortar,  which  shall 
be  applied  with  particular  care  to  the  bottom  of  the  joints, 
mortar  to  consist  of  one  part  of  hydraulic  cement  and  one  part 
of  clean  sharp  sand.  No  tempered  up  cement  to  be  used.  The 
inside  of  each  pipe  joint  to  be  thoroughly  cleaned  from  any 
projecting  cement.  Back-filling  must  be  solidly  packed  up  to 
the  top  of  the  pipe.  Changes  of  direction  must  be  made  with 
regular  curves,  and  all  connections  made  with  Y  branches  and 
the  whole  must  be  subject  to  inspection  by  the  proper  officer 
of  the  Department  before  it  is  covered  up. 

Sec.  32.  No  excavation  can  be  made  in  [the  sidewalk  or 
footways  of]  any  street,  avenue,     *     *     *     *     lane,  alley,  or 


Back-filling. 


Amended  by 
resolution  of 
Street  and 
Sewer  Di- 
rectors, Aug. 
20,  1909. 


RESOLUTIONS.  1051 

other  public  place  in  the  city,  aud  no  work  of  lajung  drains  or  Permits  for 

f  XT'  ^'  ^  JO  excavation 

water  pipe  of  any  kind  can  be  commenced  or  continued  with-  P^"^}  ^^  Vt 

^  ^  "^  hand  on  the 

out  the  permit  («)  is  on  the  ground  in  the  hands  of  the  master  work, 
plumber,  or  one  employed  by  him,  and  the  same  must  be  shown 
to  any  city  officer  if  he  shall  so  request  it. 

(a)  The  plumber,  for  his  own  protection,  should  never  begin  to  ex- 
cavate a  street  bed  until  he  has  his  permit  also  to  connect  with  a  sewer 
drain,  water  pipe,  &c.  Aud  the  city  should  never  grant  a  permit  to  ex- 
cavate until  it  has  first  granted  a  permit  to  connect  with  a  sewer,  water 
pipe,  &c.  In  this  way  there  will  be  no  delay,  after  the  trench  has  been 
dug  in  ^vaiting  for  the  permit  to  connect  with  a  sewer  drain,  or  water 
pipe,  gas  pipe,  &c.  A  disregard  of  this  rule  by  the  city  has  been  held  to 
be  negligence,  making  it  liable  in  damages. 

Comegys,  C.  J.:  "In  fact,  the  issuance  of  the  license  to  excavate 
before  permission  was  obtained  by  the  license  to 
connect  with  the  private  sewer  in  the  street,  as  shown  by  the  plaintiff's 
proof,  was  an  act  of  negligence  on  the  part  of  the  defendant's  agents; 
and,  it  having  been  testified  to  that  the  work  of  attachment  to  the  private 
sewer  was  suspended  on  the  afternoon  before  the  flood  came,  to  receive 
said  permit,  and  could  have  been  finished,  if  it  had  been  received,"  before 
the  street  bed  was  excavated,  and  thereby  averted  the  flooding  of  the 
cellar,  the  city  because  of  this  negligence,  was  held  to  be  liable. 

Anderson  &  Son  vs.  Mayor  and  Council  of  Wil.,  8  Houst.  516  at  528. 
(yr.  1889) 

Sec.  33.  If  from  any  cause  the  master  plumber  should 
fail  to  have  the  connection  and  drain  ready  for  inspection  at 
the  time  specified  in  his  application,  then  notice  must  be  left 
at  the  proper  office  fixing  another  time  for  doing  the  work ;  if  Notices 

^      ^  '^  .  ®  given  for 

not  ready  at  the  time  of  the  second  notice,  a  charge  of  one  dol-  sewer  in- 

.  '  .  spection. 

lar  will  be  made  for  a  third  notice;  the  first  notice  must  be 
given  at  least  one  day  previous  to  the  commencement  of  the 
work;  and  no  person  or  corporation  shall  connect  with  any 
public  or  private  sewer  except  in  the  presence  of  an  authorized 
officer  of  the  Street  and  Sewer  Department. 

Sec.  34.    The  (sidewalk  or  fdotwav)  must  be  opened  and  Amended  by 

^  "  '  '-  resolution  of 

the  paving    [materials]    and  the   dirt   deposited  in   a   man-  ^^^^^-^^^H?^^, 
ner  which  will  occasion  the  least  inconvenience  to  the  pub-  department 

^  Aug.  20,  1909. 

lie,   and  provide  for  the  passage   of  water   along  the   gut-  street  open- 
ters,  and  all  car  tracks   must   be  kept   clear  so  as  not  to  in-  made  and 
terrupt  the  passage  of  the  cars.^     Every  master  plumber  li-  ^ 
censed  by  the  Board  must  enclose  any  opening  which  he  may 


1.     See  Sec.  1  of  Resolution  of  July  3,  1906,  p.  1027  of  this  volume. 


1052 


RESOLUTIONS. 


Liable  f  or 
damages  on 
account  of 
excavations. 


4To^iutk?n^o^  make  in  the  [sidewalks  or  footways  of  the]  public  streets  or 
and  s'ewer  ^^lej's  with  sufficient  barriers,  and  must  maintain  red  lights^ 
Aug^20™i90*9.  ^^  *^®  same  at  night,  and  must  take  all  other  necessary  precau- 
tions to  effectually  guard  the  public  against  all  accidents  from 
the  beginning  to  the  end  of  the  work,  and  can  only  make  exca- 
vations and  lay  drains  and  other  pipes  on  condition  that  he  is 
to  be  held  liable  for  all  damages  («)  that  may  result  from  his 
neglect  of  any  necessary  precautions  against  any  accident  to 
persons,  *  *  *  *  vehicles  or  property  of  any  kind  what- 
ever. If  the  sides  of  the  trenches  will  not  stand  perpendicu- 
larly, sheeting  and  braces  must  be  used  to  prevent  any  unnec- 
essary caving. 

(a)  The  city  cannot  transfer,  assign,  shift  or  shirk  its  responsibility 
or  liability  for  damages  to  one  injured  through  the  negligent  acts  of 
plumbers  or  others  in  opening  street  beds  by  license  of  the  city.  The  li- 
cense, or  permit,  makes  them,  temporarily,  agents  of  the  city.  The  plumb- 
er, &c.,  of  course,  may  be  liable  to  the  city. 

See  Anderson  case  above  cited  at  p.  527. 

Sec.  35.  In  all  cases  where  the  [sidewalk  or  footway]  is 
opened  or  the  sidewalk  pavement  taken  up  or  open  trenches 
made  for  water  or  drain  pipe,  or  the  repairing  of  same,  or  for 
any  other  purpose  whatever,  the  stones,  bricks,  sand,  gravel 
and  earth,  or  whatever  other  materials  may  have  to  be  passed 
or  penetrated,  must  be  removed  and  immediately  replaced  in 
the  same  relation  in  which  they  were  found ;  and  all  rubbish 
must  be  at  once  removed,  leaving  the  street  and  sidewalk  in 
perfect  repair,  the  same  to  be  so  maintained  for  a  period  of 
o^°enings^^'^  twelve  months.  In  refilling  the  opening,  the  earth  must  be  de- 
posited in  layers  of  not  more  than  nine  inches  in  depth,  and 
each  layer  must  be  thoroughly  puddled  or  rammed  to  prevent 
aftersettling.  All  water  and  gas  pipes  must  be  protected  from 
injury  or  settling  to  the  satisfaction  of  the  Department. 


Amendment, 
Aug.  20,  1909 


Material 
excavated. 


Repairs  to  Sec.  36.    If  any  master  plumber  shall  neglect  or  refuse. to 

be  done  by  ^                     r-                                     o 

the  Board  complv  with  the  rules  («)  hereinbefore  specified  in  Rule  35, 

of  Du'ectors  '■    "                                            ^    ■"                                        ^                                              ' 

at  expense  then  the  proper  repairs  or  work  will  be  done  bv  the  said  Board, 

of  licensee.  j.       x-            x                                                             „                                    ? 

and  the  cost  therefore  charged  to  the  said  master  plumber, 


1.     See  ordinance  passed  March  24.  1882.   (p.  949  of  this  volume.) 


RESOLUTIONS.  1053 

that  is  ayainst  the  deposit  of  twenty-five  dollars,  which  he 
made  with  the  Board  at  the  time  of  making  application  for  his 
license  (the  granting  of  which  license  is  his  receipt  for  said 
deposit).    The  officer  of  the  Board  having  aforesaid  work  done 
will  report  the  same,  as  soon  as  completed,  to  the  Secretary, 
and  forthwith  the  Secretarj^  shall  make  bill  of  same  to  the 
master    plumber,    showing    amount    expended,    and    balance 
standing  on  deposit,  and  the  master  plumber  shall  not  receive 
any  more  permits  until  the  deposit  is  made  up  to  the  original  wnuDe'"'*^ 
amount  of  twenty-five  dollars.    If  the  master  plumber  should  s^'^-nted. 
from  any  cause  quit  business,  he  can,  upon  application  to  the 
Board,   have  his   deposit,    less   any   amounts   which  may  be 
charged  to  him  by  the  Board,  refunded  to  him  after  twelve  Refund  de- 
months  have  elapsed  from  the  time  of  receiving  his  last  per-  ^°^^^  °^  ^^^' 
mit. 

(a)   See  Sec.  1  "  a ' '  of  this  Act.   . 

Sec.  37.    The  inspector  must  be  permitted  at  all  times  to 
inspect  all  material  and  work ;  any  refusal  to  permit  such  in- 
spection, or  any  interference  with  an  inspector  in  the  perform- 
ance of  his  duty,  will  be  immediately  followed  by  a  suspension  forfeit 
or  forfeiture  of  license.  license. 

Sec.  38.    No  exhaust  steam  from  steam  engines  or  blow-  ^  ^ 

'^  Exhaust 

off  from  steam  boiler,  or  any  other  steam  appliance  shall  be  steam, 
connected  with  any  public  sewer  or  any  private  sewer  con- 
nected with  a  public  sew^er. 

Sec.  39.     No  person  shall  uncover  a  public  or  private  ^^^^,^^^,^^,5  ^^ 
sewer  for  any  purpose,  or  make  connection  therewith,  or  shall  ?o  anything 

•^    i-        r        :  'in  connec- 

uncover  the  public   inspection  holes   or  connection  branches  lion  with^^ 
therewith,  or  interfere  with  or  disturb  any  street  inlet,  or  any 
other  appurtenance  with  the  sewers  of  the  city  without  first 
obtaining  permission  from  the  proper  officer  of  the  Board. 

Sec.  40.    No  person  shall  throw  or  deposit,  or  cause  to  be 
thrown  or  deposited  in  any  vessel  or  receptacle  connected  with 
a  public  or  private    sewer    any    garbage,  vegetable  parings, 
ashes,  cinders,  rags,  or  the  offal  from  any  stable,  slaughter  ^r^^\i3^[ed  in 
house,  stock  yard,  tannery,  morocco  shop,  or  any  other  build-  sewers. 


1054 


EESOLUTIONS. 


ing  or  establishment  of  any  kind  whatever,,  or  shall  discharge 
or  permit  to  be  discharged  into  any  public  or  private  sewer 
anything  that  will  injure  or  obstruct  them. 

Sec.  41.    When  application  is  made  to  connect  any  house 
or  houses,  building  or  buildings,  with  a  public  or  private  sewer 
as  provided  for  in  Section  26  of  this  resolution,  such  informa- 
tion as  the  department   has   with   regard   to   the   position  of 
Location  of    -junction  picccs  and  Y  branches  will  be  furnished  to  the  mas- 

T  branches,     "  ^  o  o  i  i 

etc.,  given  by  ter  plumber  by  the  Engineer  m  Charge  oi  Sewers  but  at  the 

Engineer  in  -^  ./  o 

Charge  of  risk  of  the  master  plumber  as  to  the  accuracy  of  the  same.  JNo 
information  or  permit  will  be  issued  to  any  master  plumber  to 
connect  with  a  public  or  private  sewer  until  the  plan  and 
specifications  for  the  w^ork  have  been  filed  with  the  Plumbing 
Inspector,  as  provided  for  in  Section  6  of  this  resolution. 


Violations 
of  rules. 


Sec.  42.  No  master  plumber  shall  allow  his  name  to  be 
used  by  any  other  person  or  party,  directly  or  indirectly, 
either  for  the  purpose  of  obtaining  permit  or  doing  any  work 
Sublet  work,  under  his  license.  Nor  shall  he  sublet  any  part  of  his  work  to 
any  other  master  plumber  without  first  obtaining  a  special 
permit  so  to  do  from  the  Plumbing  Inspector. 


Connections  Sec.  43.    It  shall  uot  be  lawful  for  any  plumber  or  other 

prohibited.     pgj.gQj^^  iQ  connect  any  privy  w^ell  or  cesspool,  with  any  public 

or  private  sewer  connecting  with  a  public  sewer,  except  by  a 

special  permit  by  the  Board  of  Directors  of  the  Street  and 

Sewer  Department. 

Sec.  44,  Any  master  plumber  who  shall  be  guilty  of  a 
violation  of  any  of  the  rules  adopted  by  the  Board  of  Direc- 
tors of  the  Street  and  Sewer  Department  will  be  immediately 
deprived  of  his  license  or  be  subjected  to  a  fine  of  twenty-five 
($25)  dollars  or  both,  at  the  discretion  of  the  Board. 

Sec.  45.    Any  person  offending  against  any  of  the  provi- 
sions of  these  rules  and  regulations  or  any  rules  and  regula- 
tions which  may  hereafter  be  adopted  by  the  Board  of  Direc- 
penaity  for    ^o^g  of  the  Street  and  Sewer  Department,  shall  forfeit  and  pay 

violation  of  „ 

rules  by  any  ^  penalty  of  not  less  than  five  nor  more  than  fifty  dollars  for 

person.  -"^  "^ 


Penalty  for 
violation  of 
rules  by 
licensee. 


RESOLUTIONS.  1055 

every  such  offence,  said  fine  to  be  collected  as  other  fines  are 
collected  for  offences  against  the  ordinances  of  the  city. 

Sec.  46.  Persons  from  other  places  coming  to  Wilming- 
ton to  do  plumbing  may  be  given  a  special  permit  by  the 
Board  of  Directors  of  Street  and  Sewer  Department  for  any 
one  particular  job  only,  upon  the  furnishing  to  the  Plumbing 
Inspector  by  the  person  applying  for  the  permit  satisfactory 
proof  that  they  are  legitimate  master  plumbers,  regularly  en- 
gaged in  the  business  of  plumbing  and  having  a  license  from  Special  per- 

_      _  ^    _  ^  ^  mits  for  non- 

the  proper  officials  of  the  city,  town  or  State  from  which  they  residents. 
came.     [If  the  excavation  or  opening  of  the  sidewalks  or  foot-  . 

^  "  Amendment. 

ways  be  necessary  for  the  performance  of  the  work,  such  exca-  Aug.  20, 1909. 
vation  or  opening  and  the  work  required  therein  shall  be  per- 
formed by  the  Street  and  Sewer  Department  at  the  expense  of 
the  partj^  requiring  it.]  Should  such  persons  desire  a  permit 
for  more  than  one  job,  in  any  one  year,  from  the  date  of  their 
first  permit,  they  shall  be  refused  until  they  fully  comply  with 
all  of  the  conditions  of  Section  3  of  this  resolution. 

Sec.  47.  All  ordinances,  rules  and  resolutions  or  parts 
of  the  same  inconsistent  herew^ith  are  hereby  superseded  and 
repealed. 

Adopted  March  26,  1901. 


A  RESOLUTION  to  throw  the  corner  of  the  sidewalk  into  the 
roadway  at  the  southeast  corner  of  Maryland  avenue  and 
Bead  street. 

Section  1.     That  the  piece  of  land  described  as  follows,  sidewalk 
w^hich  is  now  a  portion  of  the  sidewalk  at  the  southeast  corner  ^^oadwaj-. 
of  iNIaryland  avenue  and  Read  street,  be  made  a  portion  of  the 
roadway,  viz :    Beginning  at  a  point  in  the  curb  line  of  the 
south  side  of  Maryland  avenue,  at  the  distance  of  one  hundred  ^^^°"p*'°"' 
and  forty-nine  feet  and  nine  inches  (149  ft.  9  in.)  south  of 
the  southerly  side  of  Front  street  at  sixty  feet  (60)  wide,  meas- 
ured at  right  angles  with  said  Front  street ;  thence  southerly, 
at  right  angles  with   said   curb    line,    sixteen    feet  and  five- 
eighths  of  an  inch  (16  ft.  f  in.)  to  the  outside  edge  of  the  curb 


1056  RESOLUTIONS. 

as  now  set  on  the  northeasterly  side  of  said  Read  street ;  thence 
northwesterly  along  the  outside  edge  of  said  curb,  eleven  feet 
nine  inches  and  one-quarter  of  an  inch  (11  ft.  9^  in.)  to  an 
angle  in  said  curb ;  thence  northerly  along  the  outside  edge  of 
the  curb  and  at  right  angles  with  the  curb  line  of  the  south 
side  of  Maryland  avenue,  six  feet  and  six  inches  (6  ft.  6  in.) 
to  the  curb  line  of  the  south  side  of  ]\Iaryland  avenue  afore- 
said; and  thence  easterly  along  said  curb  line  of  Maryland 
avenue  six  feet  ten  inches  and  five-eighths  of  an  inch  (6  ft. 
lOf  in.)  to  the  place  of  beginning. 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
the  same  inconsistent  herewith  be  and  the  same  are  hereby 
superseded. 

Adopted  June  7,  1888. 


A  RESOLUTION  to  fix  and  estahlisli  the  width  of  the  side- 
walk and  grade  of  Church  lane  and.  to  throw  a  portion  of 
the  sidewalk  at  the  southeast  corner  of  Seventh  street  and 
Church  lane  into  the  roadway. 

^'^^^^-  Section  1.    That  the  width  of  the  footway  or  sidewalk  on 

the  east  side  of  Church  lane  shall  be  eight  (8)  feet. 

Sec.  2.       *  *******^^ 

Description  Sec.  3.    That  the  piece  of  land  described  and  bounded  as 

aVart^o™^*^^^  follows,  which  is  now  a  portion  of  the  sidewalk  at  the  south- 
roadway,  ggg^  corner  of  Seventh  street  and  Church  lane  be  made  a  por- 
tion of  the  roadway,  viz :  Beginning  at  the  intersection  of  the 
southerly  curb  line  of  Seventh  street  and  the  easterly  curb  line 
of  Church  lane ;  thence  southerly  along  the  easterly  curb  line 
of  Church  lane  to  the  southerly  building  line  of  Seventh 
street;  thence  northerly  at  right  angles  to  Seventh  street 
twelve  (12)  feet  to  the  southerly  curb  line  of  Seventh  street; 
thence  westerly  along  the  southerly  curb  line  of  Seventh  street 
to  the  place  of  beginning. 


RESOLUTIONS.  1057 

Sec.  4.  That  all  ordinances  and  resolutions  and  parts  of 
the  same  inconsistent  herewith  be  and  the  same  are  hereby- 
superseded. 

Adopted  September  3,  1889. 


Lancaster 


A  RESOLUTION  to  change  the  name  of  Front  street  in  this 

city. 

Be  it  resolved,  by  the  Street  and  Sewer  Department  of 
the  City  of  Wilmington :    That  such  portion  of  the  street  now  ^^^e^e^^itu- 
known  by  the  name  of  Front  street  as  extends  from  Madisoti  a-ted. 
street  westerly  to  the  city  line,  shall  from  and  after  the  pas- 
sage of  this  resolution  be  styled  and  called  Lancaster  avenue. 

Adopted  July  10,  1888. 


A  RESOLUTION  changing  the  name  of  a  portion  of  Hazlet 
street  to  Park  Place. 

Section  1.  That  all  that  portion  of  Hazlet  street  lying 
and  being  between  Jacl?son  and  Van  Buren  streets  be  and  the 
same  is  hereby  changed  to  Park  Place. 

Sec.  2.  That  all  ordinances  or  parts  of  ordinances  incon- 
sistent herewith  be  and  the  same  are  hereby  repealed. 

Adopted  March  30,  1892. 


A  RESOLUTION  changing  the  name  of  "40  Foot  street"  to 

Douglas  street. 

Resolved,  That  the  highway  between  DuPont  and  Scott 
streets  from  Seventh  to  Eighth  streets,  known  as  Forty  Foot  streJt  °° 
street,  be  hereafter  known  by  the  name  of  ' '  Douglas  street, ' '  Do^ugias 
and  the  City  Engineer  is  hereby  instructed  to  place  the  name  ^ 
of  same,  hereby  designated,  on  the  city  maps  and  plans. 

Adopted  October  15,  1895. 


1058  RESOLUTIONS. 

A  BESOLTJTION  changing  the  names  of  certain  streets  in  the 
City  of  Wilmhigton,  Delaware. 

Whereas,  It  is  a  source  of  confusion  and  annoyance  to 
have  streets  in  different  sections  of  the  city  bearing  the  same 
name  and  others  known  by  several  names,  and 

Whereas,  The  Wilmington  and  Great  Valley  Turnpike 
Road  is  best  known  hj  the  name  of  Concord  pike,  an  old  his- 
torical name,  therefore 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  Wilmington,  Delaware: 

That  all  that  portion  of  the  roadway  commonly  known  as 
wf/dpLe°^"  Concord  pike  or  Elliott  avenue,  shall  be  and  it  is  hereby 
Concord  *°  iiamed  Concord  avenue  from  its  intersection  with  INIarket 
avenue.  street  to  the  city  line  as  it  now  exists  or  may  hereafter  be  ex- 

tended. 

That    "Morrow"    street    between   Adams    and   Jackson 

Part  of  Mor- 

row  street      streets  from  Sixth  to  Fifth  streets  be  and  it  is  hereby  changed 

changed  to  , ,  .^  ,  ^    , ,    ■  ./  o 

stoeckie        to     Stocckle     street. 


street. 


Adopted  July  19,  1898. 


A  RESOLUTION  to  change  the  name  of  a  portion  of  Thirty- 
sixth  street  as  located  and  established  hy  a  resolution 
passed  hy  the  Board  of  Directors  of  the  Street  and  Sewer 
Department  March  17,  1896,  in  the  City  of  Wilmington, 
Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.  That  all  that  portion  of  Thirty-sixth  street  as 
Th[rty-sixth  locatcd  and  established  by  a  resolution  passed  by  the  Board  of 
cha1?gedto  Directors  of  the  Street  and  Sewer  Department,  March  17th, 
?tre^t**  1896,  from  the  northerly  side  of  West  street  as  located  and  es- 

tablished by  a  resolution  passed  by  the  aforesaid  Board  of  Di- 
rectors of  the  Street  and  Sewer  Department,  July  11,  1905,  to 


RESOLUTIONS.  1059 

the  northwesterly  boundary    of    the    city   shall   hereafter  be 
known  as  Barrett  street. 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
the  same  inconsistent  herewith  be  and  the  same  are  hereby 
superseded. 

Adopted  August  1,  1905. 


A  RESOLUTION  changing  the  names  of  certain  streets  in  the 
City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sew^er  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.     That   "Wooddale  avenue"  between   Eis:h- „.    ^,  , 
teenth  street  and  the  city  line  be  and  it  is  hereby  changed  in  2^,^'^^H,®  to 

''  ^  Q  Van  Buren 

name  to  "Van  Buren  street."  street. 

Sec.  2.     That  "Park  lane"  between  Eighteenth  street 
and  the  city  line  be  and  it  is  hereby  changed  in  name  to  ' '  Har-  Harrison 

,,  street. 

rison  street. 


Sec.  3.     That  "AVillow  lane"  between  Eighteenth  street  wniow  lane 
the  city  line 
Franklin  street." 


and  the  city  line   be   and   it   is   hereby   changed  in  name  to  street!"^^"^ 


Sec.  4.     That  "Miller  street"  between  Eighteenth  street  ^^'^^r  street 
and  the  city  line  be  and  it  is  hereby  changed  in  name  to  street. 
"Broome  street." 

Sec.  5.     That  "Wood  street"  between  Eighteenth  street  wood  street 

.  .  to  Rodney 

and  the  city  Ime  be  and  it  is  hereby  changed  m  name  to   '  Rod-  street, 
ney  street. ' ' 

Sec.  6.  That  all  ordinances  or  resolutions  or  parts  of  the 
same  inconsistent  herewith  be  and  the  same  are  hereby  super- 
seded. 

Adopted  July  24,  1906.     ■ 


1060 


RESOLUTIONS-, 


Part  of  Third 
street  va-  . 
cated. 


Part  of 
Fourth 
street  va- 
cated. 


Part  of 
Spruce 
street  va- 
cated. 


Part  of 
Robinson 
street  va- 
cated. 


Operative 
on  comple- 
tion of  via- 
duct. 


A  RESOLUTION  to  vacate  parts  of  Third,  Fourth,  Spruce, 
Church  and  Rohinson  streets  in  the  City  of  Wilmington, 
Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street  and 
Sewer  Department: 

Section  1.  That  Third  street  from  the  westerly  line  of 
the  right  of  way  of  the  Philadelphia,  Wilmington  and  Balti- 
more Railroad  Company  to  a  line  parallel  to  and  one  hundred 
and  eighty-two  feet  and  ten  inches  (182  ft.  10  in.)  westerly 
from  the  westerly  side  of  Church  street;  Fourth  street  from 
the  westerly  line  of  the  right  of  way  of  the  Philadelphia,  Wil- 
mington and  Baltimore  Railroad  Company  to  a  line  parallel  to 
and  three  hundred  and  twenty-five  feet  and  nine  and  one-half 
inches  (125  ft.  9-|-  in.)  easterly  from  the  easterly  side  of 
Church  street,  said  line  being  the  westerly  side  of  a  street  or 
thoroughfare  known  as  Bridge  street  at  a  proposed  width  of 
seventy  feet  (70  ft.)  ;  Spruce  street  from  the  southerly  side  of 
Third  street  to  the  southerly  side  of  Robinson  street ;  Church 
street  from  the  southerly  side  of  Fifth  street  to  the  northerly 
side  of  Third  street  and  Robinson  street  from  the  easterly  side 
of  Spruce  street  to  a  line  parallel  to  and  two  hundred  and 
ninety  feet  and  ten  inches  (290  ft.  10  in.)  westerly  from  the 
westerly  side  of  Church  street  as  they  are  at  present  laid  out, 
be  and  the  same  are  hereby  vacated,  and  that  the  land  within 
the  area  of  the  parts  of  the  several  streets  hereby  vacated  shall 
be  used  and  occupied  by  the  Philadelphia,  Wilmington  and 
Baltimore  Railroad  Company,  and  by  such  other  owner  or 
owners  of  property  abutting  on  street  hereby  vacated,  pro- 
vided, however,  that  this  resolution  shall  not  be  operative  or 
effective  only  on  the  completion  of  the  projected  viaduct  over 
the  trades  of  the  said  company  at  Fourth  street. 

Sec.  2.  That  all  ordinances  or  resolutions  or  parts  of  the 
same  inconsistent  herewith,  be  and  the  same  are  hereby  super- 
seded. 

Adopted  April  9,  1895. 


RESOLUTIONS.  1061 

A  RESOLUTION  removing  certain  streets  from  the  city  plan. 

Whereas,  It  is  deemed  important  to  the  growth  and  pros- 
perity of  the  City  of  Wilmington  that  sites  for  the  erection  of 
large  manufacturing  industries  and  for  other  purposes,  be 
made  available  for  occupation  by  the  removal  from  the  official 
plan  of  the  City  of  Wilmington  of  certain  unopened  and  un- 
used proposed  streets  when  such  removal  becomes  necessary 
and  the  public  interests  are  not  affected  thereby,  therefore 


Be  it  resolved,  hy  the  Board  of  Directors  of  the  Street 


Removing 


and  Sewer  Department  of  the  City  of  Wilmington,  that  the  certain 

r,  -,-,        ■  T  1    •  T  n  -I  Streets  from 

lollowmg  proposed  streets  now  laid  out  and  represented  upon  the  city 
the  plan  of  the  City  of  Wilmington,    w^hich    have   not   been 
opened  and  used  as  streets  or  public  highways,  namely : 

Lobdell  street  M-esterly  from  the  westerly  side  of  Button-  Lobdeii 
wood  street  to  the  Christiana  river,  stieet. 

Townsend  street  northerly  from  the  northerly  side  of  Jt^reT^"*^ 
Lobdell  street  to  Christiana  avenue. 

Buttonwood  street  northerly  from  the  northerly  side  of  Buttonwood 

"^  -^  street. 

Lobdell  street  to  the  Christiana  river. 

Locust  street  northerlj^  from  the  northerly  side  of  "A"  Locust 
street  to  the  Christiana  river. 

f 
Church  street  northerly  from  the  northerly  side  of  "A"  church 
street  to  the  Christiana  river,  be  and  the  same  are  hereby  re-  ^t^'®®*- 
moved,  obliterated  and  effaced  from  the  official  plan  of  the 
streets  of  the  City  of  Wilmington,  and  the  City  Engineer  is 
hereby  directed  to  change  the  said  plan  so  as  to  confonji  to 
this  resolution. 

Adopted  May  8,  1900. 


A  RESOLUTION  removing  certain  streets  from  the  city  plan. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 


1062  •  RESOLUTIONS. 

parts  of"^  That  the  following  streets  represented  upon  the  plan  of 

al-enu'e  and  ^^^®  ^^^-'  ^^  Wilmington  kuown  as  Woodlawn  avenue  between 
from^thr^^^  Fifth  and  Seventh  streets;  Tenth  street  at  or  near  the  inter- 
city plan,  section  of  Grant  avenue  and  Fifth  street  between  Woodlawn 
avenue  and  Rodman  street  crossing  the  right  of  way  of  the 
Baltimore  and  Ohio  Railroad  Company,  be  and  they  are  here- 
by removed,  obliterated  and  effaced  from  the  official  plan  of 
the  streets  of  the  City  of  Wilmington  and  the  City  Engineer  is 
hereby  directed  to  change  the  said  plan  so  as  to  conform  with 
the  requirements  of  this  resolution. 

Adopted  November  6,  1900. 


A  EESOLUTIOX  removing  portions  of  B,  D,  E,  Speakman, 
Hartman,  Bush  and  Lambson  streets  from  the  city  map 
for  the  Benefit  of  Wilmington  Malleable  Iron  Company. 

Whereas,  The  Wilmington  Malleable  Iron  Company,  a 
corporation  of  the  State  of  Delaware,  has  purchased  and  is 
about  to  occupy  and  build  upon  certain  property  located  in 
the  Second  Ward  of  the  City  of  Wilmington,  and 

Whereas,  The  said  Wilmington  Malleable  Iron  Company 
has  in  contemplation  and  has  already  commenced  the  con- 
struction of  several  large  buildings  for  the  purpose  for  which 
said  company  was  incorporated,  and 

WhereaS,  There  appears  at  present  upon  the  map  of  the 
City  of  Wilmington  certain  streets,  to  wit :  "  B  "  street,  "  D  " 
street,  "E"  street,  Speakman  street,  Hartman  street,  Bush 
street  and  Lambson  street,  which  would  if  legally  opened,  cut 
through  the  proposed  buildings  of  the  said  Wilmington  Malle- 
able  Iron  Company,  and 

Whereas,  The  Board  of  the  Street  and  Sewer  Department 
deem  it  in  the  interest  of  the  City  of  Wilmington  that  so  much 
of  said  streets  as  appear  upon  the  said  map  to  cut  through  the 
said  property  of  the  Wilmington  JMalleable  Iron  Company 
should  be  removed  from  the  said  map  of  the  said  City  of  Wil- 
mington, therefore 


RESOLUTIONS.  1063 

Be  it  resolved,  That  all  that  portion  of  "B"  street  extend-  gj^*|t?let1f' 
inff  from  the  easterly  side  of  Goodman  street  to  Christiana  removed 

°  ^  from  city 

avenue,  and  all  that  portion  of  * '  D  "  street  extending  from  the  i'^'^'^- 

"B"  street. 

easterly  side  of  Goodman  street  to  Christiana  avenue,  and  all  "d"  street. 
that  portion  of  "E"  street  extending  from  the  easterly  side  of  "^"  street. 
Goodman  street  to  Christiana  avenue,  and  all  that  part  of  g  eakman 
Speakman  street,  extending  from  the  northerly  side  of  "F"  street, 
street  to  Christiana  avenue,    and   all   that   part  of  Hartman  ^^g*™^" 
street,  extending  from  the  northerly  side  of  "F"  street  to 
Christiana  avenue  and  all  that  part  of  Bush  street  extending  -B^sh  street. 
from  the  northerly  side  of  "F"  street  to  Christiana  avenue, 
and  all  that  part  of  Lambson  street,  extending  from  the  north-  Lambson 
erly  side  of  "  F  "  street  to  Christiana  avenue,  as  the  same  now  street. 
appear  upon  the  said  map  of  the  said  City  of  Wilmington,  be 
and  they  are  hereby  removed  and  obliterated  from  the  said 
map. 

Adopted  May  12,  1903. 


RESOLUTIOlSi   removing  portion  of  West  Fourteenth  street 
west  from  Brinckle  avenue  from  the  city  map. 

Whereas,  William  R.  Brinckle  and  others  own  and  are 
about  to  build  upon  certain  property  located  in  the  Highlands, 
in  the  Seventh  Ward  of  the  City  of  Wilmington,  and 

Whereas,  There  appears  at  present  upon  the  map  of  the 
City  of  Wilmington  a  certain  street,  namely  West  Fourteenth 
street,  which  would  if  legally  cut  through  westerly  from 
Brinckle  avenue,  cut  through  the  land  of  the  said  AVilliam  R. 
Brinckle  and  others,  and 

Whereas,  On  account  of  the  close  proximity  of  Pennsyl- 
vania, avenue  to  the  said  West  Fourteenth  street  at  this  point, 
and 

Whereas,  The  Board  of  Directors  of  the  Street  and  Sewer 
Department  deem  it  in  the  interest  of  the  City  of  Wilmington 
that  so  much  of  said  street  as  appears  upon  said  map  to  cut 
through  said  property  of  the  said  William  R.  Brinckle  and 


1064 


RESOLUTIONS. 


others  should  be  removed  from  the  said  map  of  the  said  City 
of  Wihnington,  therefore 

Portion  of  Be  it  resolved,  that  all  that  portion  of  West  Fourteenth 

West  14th  „  '      .      ^  ^  ^ 

street  re-       street,  west  from  Brinckle  avenue  as  the  same  now  appears 

moved  from  •  n     /-,-  p    -rrr-i        •  T     -i 

city  plan.       upon  the  said  map  oi  the  said  City  oi  Wilmington,  be  and  it 
is  hereby  removed  and  obliterated  from  the  said  map. 

Adopted  July  7,  1903. 


Part  of  16  th 
street  and 
Rising  Sun 
lane  re- 
moved from 
city  plan. 


A  RESOLUTION  to  remove  Sixteenth  street  from  the  city 
plan  between  Mt.  Yernon  avenue  and  Rising  Sun  lane  in 
the  City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department: 

Section  1.  That  all  that  portion  of  Sixteenth  street  as 
laid  down  on  the  plan  of  the  City  of  Wilmington  aforesaid  be- 
tween the  westerly  side  of  Mt.  Vernon  avenue  and  the  easterly 
side  of  Rising  Sun  lane  be  and  the  same  is  hereby  removed 
from  said  plan. 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
the  same  inconsistent  herewith  be  and  they  are  hereby  super- 
seded. 

Adopted  September  27,  1904. 


A  RESOLUTION  to  vacate  certain  streets  and  parts  of  cer- 
tain streets,  to  change  the  direction  of  parts  of  certain 
streets  and  to  fix  and  establish  the  location  and  width  of 
certain  streets  north  of  Market  street  and  east  of  Thirty- 
second  street  in  the  City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department: 

Part  of  33rd  SECTION  1.    That  all  that  portion  of  Thirty-third  street  as 

cated.  at   present   located   from   the    northerly  side  of  Washington 

street  to  the  southerly  side  of  Wooddale  avenue  be  and  the 

same  is  herebj"  vacated. 


RESOLUTIONS.  1065 

Sec.  2.    That  all  that  portion  of  Thirty-fourth  street  and  ftreSand"^ 
Thirty-fifth  street  as  they  are  at  present  located  from  the  ya^^fg^^®®*^ 
northerly  side  of  Market  street  to  the  southerly  side  of  Wood- 
dale  avenue  be  and  the  same  are  hereby  vacated. 

Sec.  3.     That  all  that  portion  of  Thirty-sixth  street  as  at  Part  of  36th 

.  street  va- 

present  located  from  the  northerly  side  of  Market  street  to  the  cated. 
southerly  side  of  West  street  as  it  is  located  in  Section  15  of 
this  resolution,  be  and  the  same  is  hereby  vacated. 

Sec.  4.    That  all  that  portion  of  Monroe  street  and  Madi-  Moiiroe^ 
son  street  as  they  are  at  present  located  from  the  proposed  f;[^|fso1i^*^ 
points  of  change  in  direction  of  said  streets  east  of  Thirty-sec-  ^ated"  ^^' 
ond  street,  as  hereinafter  established  in  this  resolution  and  the 
northeasterly^  boundary  of  said  city,  be  and  the  same  are  here- 
by vacated. 

Sec.  5.     That  all  that  portion  of  Jefferson  street  as  at?artof 

^  ,  Jefferson 

present  located  from  the  northeasterly  side  of  Talley  street  ex-  street  va- 
tended,  as  located  in  Section    7    of   this    resolution,  and  the 
northeasterly  boundary  of  said  city,  be  and  the  same  is  hereby 
vacated. 

Sec.  6.    That  all  that  portion  of  Washington  street,  West  Parts  of 
street  and  Tatnall  street,  as  they  are  at  present  located,  from  street,  v^est 

sti'GGt  3.rid 

the  northeasterly  side  of  Talley  street  as  located  in  Section  7  Tatnaii 
of  this  resolution,  and  the  northeasterly  boundary  of  said  city,  cated. 
be  and  the  same  are  hereby  vacated. 

Sec.  7.        ********        * 

Sec   8         **#*##*** 


A  RESOLUTION  regarding  the  vacation  of  Water  street 
from  French  street  to  Poplar  street. 

Whereas,  The  Philadelphia,  Baltimore  and  Washington 
Railroad  Company  has  been  engaged  in  the  carrying  out  of  ex- 
tensive improvements  in  the  Citj^  of  Wilmington,  which  im- 
provements, among  other  things,  will  result  in  the  doing  away 


1066  RESOLUTIONS. 

of  grade  crossings,  with  their  attendant  dangers,  and  will  be 
of  a  great  benefit  to  the  community,  and 

"Whereas,  The  said  railroad  company  is  desirous  of  erect- 
ing a  large  and  commodious  passenger  station,  extending  from 
French  street  easterly  in  the  said  city,  and 

Whereas,  AVater  street,  as  now  located  and  laid  out,  is 
but  little  used  by  the  citizens  of  Wilmington  for  any  purpose 
whatsoever,  while  Front  street,  extending  east  of  Poplar  street 
and  west  of  French  street,  in  the  said  city  is  situated  only  104 
feet  north  of  the  said  Water  street,  and 

Whereas,  It  is  necessary  for  the  railroad  company  to  se- 
cure possession  of  and  to  occupy  the  said  portion  of  Water 
street,  from  French  street  east  to  Poplar  street,  in  order  to  en- 
able them  to  erect  a  station  adequate  to  the  needs  of  the  said 
City  of  Wilmington; 

Now,  therefore,  he  it  resolved,  That  for  the  purpose  of  ef- 
to  vacate        fecting  lawful  vacation  of  the  street  mentioned  in  the  pre- 
water  street  amble  of  this  resolution  to  the  extent  and  in  the  manner  as 
be  taken.        hereinbefore  described,  said  Street  and  Sewer  Department  do 
promptly  inaugurate  and  prosecute  to  conclusion,  as  speedily 
as  practicable,  all  legal  proceedings  necessary-  therefor,  and 
immediately  advertise  its  intention  to  apply  to  the  Court  of 
General  Sessions  at  the  November  term  to  appoint  Commis- 
sioners to  consider  such  vacation,  and  upon  authorization  of 
such  vacation  as  the  result  of  said  proceeding  the  Board  will 
cause  such  vacation  to  be  fully  and  finally  effected,  but  all  the 
damage  and  expenses  of  said  vacation  of  said  street,  including 
Payment  of    all  court  costs,  awards  of  commissioners,  etc.,  shall  be  paid  by 

costs,  &C.  '  J  y  f  J 

the  said  railroad  company. 

Adopted  October  10,  1905. 


A  RESOLUTION  to  vacate  a  portion  of  Bowers  street  as  lo- 
cated hy  a  resolution  passed  l)y  the  Board  of  Directors  of 
the  Street  and  Sewer  Department,  August  21,  1900,  in  the 
City  of  Wilmington,  Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 


RESOLUTIONS.  1067 

Section  1.    That  all  that  portion  of  Bowers  street  as  lo-  S^I^„°^ 


Bowers 

•eet 
ted. 


cated  by  a  resolution  passed  by  the  Board  of  Directors  of  the  1}^'^^^ ^^' 
Street  and  Sewer  Department,  August  21,  1900,  between 
Todd's  lane  and  the  city  line  that  is  not  included  in  that  por- 
tion of  Bowers  street  as  located  by  the  aforesaid  Board  of  Di- 
rectors by  a  resolution  passed  February  27,  1906,  between 
Todd's  lane  and  the  city  line,  be  and  the  same  is  hereby  va- 
cated. 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
the  same  inconsistent  herewith  be  and  the  same  are  hereby 
superseded. 

Adopted  March  6,  1906. 


A  RESOLUTIOX  to  vacate  a  part  of  Caiml  street  and  a  part 
of  Goodman  street  in  the  City  of  Wilmington,  Delaware. 

Whereas,  The  Otto  Gas  Engine  Works  has  purchased 
and  is  about  to  occupy  and  build  upon  certain  property  lo- 
cated in  the  Second  AVard  of  the  City  of  Wilmington. 

And  Whereas,  The  said  Otto  Gas  Engine  Works  has  in 
contemplation  and  has  already  commenced  the  construction  of 
several  large  buildings  for  the  purpose  for  which  said  com- 
pany was  incorporated. 

And  Whereas,  There  appear  at  present  upon  the  map  of 
the  City  of  AVilmington,  certain  streets,  which  would,  if  leg- 
ally opened,  cut  through  the  proposed  buildings  of  the  said 
Otto  Gas  Engine  AVorks. 

And  Whereas,  The  Board  of  Directors  of  the  Street  and 
Sewer  Department  deem  it  in  the  interest  of  the  City  of  Wil- 
mington that  so  much  of  said  streets  as  appear  upon  the  said 
map  to  cut  through  the  said  property  of  the  Otto  Gas  Engine 
Works  should  be  removed  from  the  said  map  of  the  said  City 
of  Wilmington,  therefore 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department: 


1068  EESOLUTIONS. 

Canifstreet  SECTION  1.     That  all  that  portion  of  Canal  street  as  laid 

vacated.  down  on  the  plan  of  the  City  of  Wilmington,  as  aforesaid, 
from  Dock  street  to  the  Christiana  river,  be  and  the  same  is 
hereby  removed  and  obliterated  from  the  said  map. 

Sec.  2.    That  all  that  portion  of  Goodman  street  as  laid 

Part  of  

Goodman       down  on  the  plan  of  the  City  of  Wilmington,  as  aforesaid, 
cated.  from  Christiana  avenue  to  the  Christiana  river,  be  and  the 

same  is  hereby  removed  and  obliterated  from  the  said  map. 

Sec.  3.  That  all  ordinances  and  resolutions  or  parts  of 
the  same  inconsistent  herewith  be  and  the  same  are  hereby 
superseded. 

Adopted  May  8,  1906. 


A  RESOLUTION  removing  and  ohliterating  ^Yarner  street 
lyetween  Beech  and  Sycamore  streets  from  the  city  map. 

Whereas,  Warner  street  appears  upon  the  map  of  the 
City  of  Wilmington,  as  extending  from  Oak  street  to  Syca- 
more street,  a  distance  of  two  blocks. 

And  Whereas,  Warner  street  has  been  opened  and  is  in 
use  as  a  street  from  Oak  street  to  Beech  streets  only,  and  the 
projected  portion  from  Beech  to  Sycamore  street  has  never 
been  opened,  and  no  title  to  the  bed  of  the  projected  street 
from  Beech  to  Sycamore  streets  has  been  acquired  by  the  City 
of  Wilmington. 

And  Whereas,  Several  dwellings  have  been  built  on  the 
southerly  side  of  Sycamore  street,  which  dwellings  would  be 
within  the  lines  of  the  said  Warner  street  if  the  said  Warner 
street  were  laid  out  as  projected. 

And  Whereas,  The  owners  of  the  land  which  would  be  a 
portion  of  the  bed  of  the  said  Warner  street,  if  the  said  War- 
ner street  were  laid  out  as  projected,  are  desirous  of  building 
thereon. 


RESOLUTIONS.  1069 

And  "Whereas,  There  is  no  demand  whatever  for  the  lay- 
ing out  and  opening  of  the  said  Warner  street  from  Beech  to 
Sycamore  streets. 

Now,  therefore,  it  is  lieretii  resolved  and  ordered,  by  the  Projected 

'  I         '  -J  >     -^  lines  of 

Board  of  Directors  of  the  Street  and  SeAver  Department  of  the  Warner 

street  re- 

City  of  Wilmington  that  the  projected  lines  of  the  said  War-  moved  from 
ner  street  from  Beech  to  Sycamore  streets  be  removed,  obliter- 
ated and  stricken  from  the  city  map. 

Adopted  September  25,  1906. 


A  RESOLUTION  to  remove  Tkirtii -fourth  street  'between 
Thatcher  street  and  the  P.,  B.  &  W.  Railroad  from  the 
city  plan. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department  of  the  City  of  Wilmington,  Delaware : 

Section  1.    That  all  that  portion  of  Thirty-fourth  street 
between  the  southerly  side  of  Thatcher  street  and  the  north- P^^'^f^^*^^ 
erly  side  of  the  P.,  B.  &  W.  Railroad,  as  laid  down  on  the  plan  cated. 
of  the  City  of  Wilmington,  Delaware,  be  and  the  same  is  here- 
by removed  from  the  city  plan. 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
same  inconsistent  herewith  be  and  the  same  are  hereby  super- 
seded. 

Adopted  October  27,  1908. 


A  RESOLUTION  to  vacate  West  Liberty  street  between  Madi- 
son street  and  Marsh  road  in  the  City  of  Wilmiiigton, 
Delaware. 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Section  1.    That  all  that  part  of  West  Liberty  street  ly-  Part  of 
ing  between  Madison  street  and  Marsh  road  shall  be  vacated  ^t^y  s^e'et 
and  the  same  shall  be  stricken  from  the  city  plan.  vacated. 


1070  RESOLUTIONS. 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
the  same  inconsistent  herewith  be  aiid  the  same  are  hereby 
superseded. 

Adopted  March  23,  1909. 


A  RESOLUTION  to  vacate  a  part  of  Linwood  avenue  in  the 
City  of  Wilmington,  Delaware. 

Whereas,  The  Delaware  Terra  Cotta  Company,  a  cor- 
poration of  the  State  of  Delaware,  is  about  to  occupy  and 
build  upon  certain  property  situated  between  Twenty-sixth 
and  Twenty-seventh  streets  and  between  Heald  and  Claymont 
streets  in  the  Ninth  Ward  in  said  City  of  Wilmington,  a  plant 
for  the  manufacture  of  brick  and  clay  products,  and 

Whereas,  There  appears  at  present  on  the  map  of  the 
City  of  Wilmington,  Linwood  avenue,  which  would  if  now 
legally  opened,  cut  through  the  proposed  buildings  of  the  said 
Delaware  Terra  Cotta  Compan^^'s  works,  and 

Whereas,  The  Board  of  Directors  of  the  Street  and 
Sewer  Department  deem  it  in  the  interest  of  the  City  of  Wil- 
mington that  so  much  of  said  avenue  as  appears  on  said  map 
to  cut  through  said  property  of  the  Delaware  Terra  Cotta 
Company  should  be  removed  from  the  said  map  of  the  said 
City  of  Wilmington,  during  the  time  said  company  shall  be  en- 
gaged in  the  manufacture  of  clay  products  from  the  clay  of 
the  tract  of  land  known  as  the  Mendenhall  estate ;  therefore 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department : 

Part  of  Lin-  SECTION  1.    That  all  that  part  of  Linwood  avenue  as  laid 

temporarily®  dowu  on  the  plan  of  the  City  of  Wilmington  as  aforesaid  be- 
fr(^city  tween  Twenty-sixth  and  Twenty-seventh  streets  be  and  the 
plan.  same  is  hereby  temporarily  removed  and  obliterated  from  said 

map  for  the  purpose  and  time  set  forth  in  the  foregoing  pre- 
ambles. 


RESOLUTIONS.  1071 

Sec.  2.  That  all  ordinances  and  resolutions  or  parts  of 
same  inconsistent  herewith  be  and  the  same  are  hereby  super- 
seded. 

Adopted  January  15,  1907. 


A  RESOLUTION  fixing  the  fiscal  year  of  the  Street  and 
Sewer  Department. 

Whereas,  April  31st,  which  has  heretofore  been  the  ter- 
mination of  the  fiscal  year  of  the  Street  and  Sewer  Depart- 
ment, is  found  to  divide  the  business  in  such  a  way  as  to  carry 
the  work  of  one  season  into  two  reports,  and  also  to  bring  the 
settling  up  of  the  year's  operations  and  the  office  work  of  mak- 
ing a  report  for  inspection  of  committee  of  the  "Council"  (as 
specified  by  law)  so  close  upon  the  time  that  should  be  used 
for  getting  out  specifications,  plans  and  estimates  for  the  next 
season's  work,  that  it  is  thought  best-  to  change  the  date  to 
January  31st,  of  each  year,  so  that  the  winter  time  will  divide 
the  season's  work  and  enable  the  Secretary  and  his  assistants 
to  get  up  all  reports  fully  and  at  proper  time,  therefore 

Be  it  resolved,  by  the  Board  of  Directors  of  the  Street 
and  Sewer  Department: 

Section  1.    That  tlie  present  fiscal  vear  of  the  Street  and  Ending  of 

.      '  o        1  n     «    fiscal  years. 

Sewer  Department  be  made  to  terminate  January  31,  189-4, 
and  that  each  succeeding  fiscal  j'ear  shall  terminate  on  Janu- 
ary 31st. 

Sec.  2.  That  all  resolutions  or  parts  of  same  inconsistent 
herewith  be  and  the  same  are  hereby  superseded. 

Adopted  January  23,  1894. 


PART  VI 


Rules  and  Reo^ulations 


OF    THE 


Board  of  Water  Commissioners 


RULES  AND  REGULATIONS.  107J 


RULES  AND  REGULATIONS  OF  THE  BOARD  OF 
WATER  COMMISSIONERS, 

As  Amended  and  in  Force  December  31st,  1909. 

Page    j  Page 

1.  Chief    Engineer    1075  16.     Annual    Water    Rents 1081 

2.  Duties    of    Chief    Engineer  1075     j   17.  Contracts        for        Private 

3.  Repairs    to    IVIachinery.  . .  .    1076  Pipes     1082 

4.  Chief     Engineer    to     IVlake  18.  Applications    for    Permits.    1083 
Annual     Report     1076  19.  Applications  for   Fire   Ser- 

5.  Plans   of   Construction  and  vice 1083 

Estimates    of    Work 1076  20.  Detector    Meters    for    Fire 

6.  Report   of   Water    Pumped  1076  Service   1083 

7.  Reports      to    Meetings      of  21.  Leakages   in    Fire  Services  1084 
Board    1076  22.  Obstructing        Access       to 

8.  Foreman    1077  Fixtures 1084 

9.  Enginemen    1077  23.      Horse  Trough    1084 

10.  Registrar   1077  24.  Meters    for    Manufacturers  1085 

11.  Duties    of     Registrar 1078  25.  Advertisements    of    Water 

12.  Weekly    Pay-rolls    1079  Rents    Due    1085 

13.  Penalty  for   Introdution   of  26.  Wash    Paves    1085 

Fixtures    1079  27.  Meter    Supply    1086 

14.  Wasting    Water    1079  28.  Water    Rents     1088-1091 

15.  Fire    Hydrants    1080 

Section  1.     The  head  of  this  department  shall  be  called  gjnlei^a^nd 
the  Chief  Engineer  and  Superintendent  of  the  Water  Works,  dent.*^'^*^"^" 
He  shall  hold  his  office  until  his  successor  shall  be  chosen,  un-  ^^nd. 
less  sooner  removed  by  the  Board  of  Water  Commissioners. 
His  salary  shall  be  fixed  by  the  Board  of  Water  Commission- 
ers.   He  shall  give  security  satisfactory  to  the  Board  of  Water 
Commissioners  in  the  sum  of  ten  thousand  dollars  for  the 
faithful  performance  of  the  duties  of  his  office. 

Sec.  2.    He  shall  have  charge  and  care  of  the   Water  ^^,^5^3  ^^ 
Works  of  the  City  of  Wilmington,  including  engine  houses  ^^'^^  ^"- 
and  their  machinery,  the  reservoirs,  pipes,  mains,  dams,  fire 
hydrants,  and  property;  and  control  and  oversight  over  all 


1076 


EULES  AND  REGULATIONS. 


the  officers  and  men  connected  therewith,  and  assign  and  di- 
rect their  duties,  so  as  to  carry  on  the  details  of  the  works ;  he 
shall  attend  to  the  direction  of  all  new  w^orks  now  or  hereafter 
to  be  constructed.  He  shall  appoint  said  employees  or  dis- 
charge them  for  cause. 

Repairs.  Sec.  3.    He  shall  take  under  the  direction  of  the  Board  of 

Water  Commissioners,  immediate  measures  for  the  repair  of 
any  damage  w^hich  may  happen  to  the  machinery  or  fixtures 
connected  therewith. 


Annual 
reports. 


Sec.  4.  He  shall,  annualh",  at  the  first  stated  meeting  in 
July  report  to  the  Board  of  Water  Commissioners,  the  condi- 
tion of  the  works  under  his  care,  and,  if  any,  what  extensions 
are  necessary,  and  shall  embody  in  said  report  the  annual 
statement  of  the  Kegistrar. 


Plans  and 
estimates 
for  con- 
struction 
and  repairs. 


Sec.  5.  He  shall  prepare  plans  of  construction ;  make  all 
necessary  estimates  connected  with  the  Works;  wiiether  for 
construction  or  repairs ;  certify  all  accounts,  bills,  and  con- 
tracts for  materials  purchased,  or  labor  performed  under  his 
direction,  shall  notify  the  Board  of  Water  Commissioners  of 
all  breaches  of  contract,  and  supervise  and  arrange  all  con- 
tracts for  labor  to  be  performed  or  material  to  be  purchased 
and  for  the  purchase  or  laying  down  of  such  mains,  pipes,  and 
fixtures,  as  may,  from  time  to  time,  be  directed  by  the  Board 
of  Water  Commissioners. 


Report  of 

water 

pumped. 


Weekly  re- 
port of 
operations. 


Sec.  6.  He  shall,  at  each  regular  meeting  of  the  Board  of 
Water  Commissioners,  lay  before  them  the  number  of  gallons 
of  water  raised  by  each  pump,  and  the  amount  of  coal  con- 
sumed by  each. 

Sec.  7.  He  shall,  at  each  regular  meeting  of  the  Board  of 
Water  Commissioners,  report  in  writing  the  working  condi- 
tions and  operation  of  the  Water  Works,  and  make  such  sug- 
gestions for  its  improvement  and  extension  as  may  be  advan- 
tageous to  the  system. 


RULES  AND  REGULATIONS.  1077 

Sec.  8.  In  this  department  there  shall  be  one  Foreman.  Foreman. 
The  Foreman  to  have  charge  of  all  the  mains,  stop-cocks,  fire 
hydrants  and  other  fixtnres  appertaining  to  the  distribution 
of  water  through  the  city,  and  to  personally  attend  to  the  lay- 
ing of  new  pipes  as  well  as  the  repairs  of  pipes,  fire  hydrants, 
and  other  fixtures  that  may  require  it ;  to  attend  to  the  drill- 
ing of  pipes  for  making  attachments,  shutting  off  the  pipes  for 
repairs  on  account  of  leaks,  and  shut  off  the  water,  and  cut  off 
such  pipes  as  may  be  directed,  on  premises  on  which  the  water 
rent  has  not  been  paid ;  to  keep  an  account  of  all  new  pipe  laid 
and  repairs  made,  and  all  materials  used  for  the  same,  under 
his  charge;  shall  have  charge  of  the  pipe  yards,  and  repair 
shop,  and  attend  to  the  receipts  of  all  new  pipes  and  fixtures 
that  may  be  delivered  by  contract  or  otherwise,  and  see  that  a 
proper  stock  of  articles  to  guard  against  accidents  shall  be 
kept  on  hand,  and  report  to  the  Superintendent  of  the  Depart- 
ment, any  deficiency  that  may  exist  therein ;  to  report  at  such 
times  as  may  be  required,  all  the  work  and  labor  performed 
and  material  required  for  new  work,  make  out  the  time-list  of 
all  the  men  employed  under  him,  shall  attend  to  the  check  of 
all  undue  waste  of  water  from  leaks,  carelessness,  or  other 
causes,  and  report  any  infringements  of  the  Laws,  Rules  and 
Regulations  provided  for  that  purpose,  to  the  Superintendent 
of  the  Department ;  and  such  other  duties  as  may  be  assigned 
to  him  by  the  Superintendent.  He  shall  be  appointed  by  the 
Board  of  "Water  Commissioners. 

Sec.  9.    There  shall  be  the  required  number  of  enginemen.  Engineers. 
Said  officers  shall  perform  such  duties,  and  at  such  times,  as 
the  Superintendent  may  direct.     They  shall  be  appointed  by 
the  Board  of  Water  Commissioners. 

Sec.  10.  There  shall  be,  in  this  department,  a  Registrar  Registrar 
of  Water  who  shall  hold  his  office  until  his  successor  shall  be  ^^^^^ 
appointed,  unless  sooner  removed  by  the  Board  of  Water  Com- 
missioners. His  salary  shall  be  fixed  by  the  Board  of  Water 
Commissioners.  He  shall  give  security  in  the  sum  of  fifteen 
thousand  dollars,  satisfactory  to  the  Board  of  AVater  Commis- 
sioners, for  the  faithful  performance  of  the  duties  of  liis  of- 
fice. 


1078  RULES  AND  REGULATIONS. 

Registrar's  g^c.  11.    The  saici  Registrar  shall  have  an  office  at  which 

office  hours.  ° 

he  shall  attend  during  office  hours,  said  hours  being  fixed  by 
the  Board  of  Water  Commissioners.  He  shall  keep  all  the  ac- 
counts of  the  Water  Works,  opening  an  account  with  each  per- 
son using  the  water  of  the  city,  charging  each  item  separately, 
and  giving  credit  in  the  account  when  paid;  he  shall  receive 
at  his  office,  all  moneys  due  to  the  city  for  water.  He  shall  is- 
sue all  permits  for  the  use  of  said  water,  and  shall  keep  a  list 
of  those  who  have  contracted  for  a  supply  of  water  by  private 
pipes,  the  dates  of  the  contract,  and  the  rates  at  which  said 
water  is  furnished.  He  shall,  monthly,  send  to  the  Board  of 
Water  Commissioners  a  statement  of  his  accounts,  and  make 
a  full  settlement  of  the  same,  which  shall  always  be  open  and 
subject  to  the  examination  of  the  Board  of  Water  Commis- 
sioners, or  any  meniber  thereof;  he  shall  make  daily  deposits 
during  the  month  of  January,  in  each  year,  and  during  the 
other  months  of  the  year,  at  his  discretion ;  provided,  however, 
he  shall  make  at  least,  one  deposit  each  and  every  week,  one  of 
which  to  be  in  settlement  of  his  monthly  accounts  for  the  pre- 
ceding month  of  all  moneys  coming  into  his  hands,  as  near  the 
close  of  bank  hours  as  possible,  taking  therefor  from  the  bank 
officers,  duplicate  certificates  of  deposits  in  form  provided  by 
the  Board  of  Water  Commissioners,  one  of  which  he  shall  im- 
mediately thereafter  file  in  the  office  of  the  City  Treasurer, 
and  the  other  in  the  office  of  the  Water  Department,  as  his 
voucher. 

annuaf^^^  The  Registrar  shall,  annually,  on  or  before  the  30th  day 

report.  ^jj  June,  report  to  the  Chief  Engineer  the  proceedings  of  his 

department  during  the  year,  showing  the  number  of  tenants 
supplied  with  Branclywine  water;  the  amount  received  from 
them;  the  number  of  new  tenants  for  the  year,  and  the 
amounts  paid  or  due  by  them,  both  for  ferrules  and  water, 
separating  the  items  of  expenditure  under  the  different  heads 
of  salaries,  extension  of  pipes,  distribution,  machinery,  and  in- 
cidentals, together  with  such  other  information  as  he  may  have 
as  will  enable  the  Board  of  Water  Commissioners  to  acquire  a 
correct  knowledge  of  all  matters  relating  to  the  Water  Works. 


KULES  AND  REGULATIONS.  1079 

All  bills  ordered  by  the  Board  of  Water  Commissioners  to 
be  paid  for  on  account  of  Water  Works,  shall  be  paid  directly 
to  the  parties  having  the  claims,  in  the  same  manner  as  bills  of 
other  departments  of  the  city  are  paid,  and  the  bills  thereof, 
be  sent  by  the  Secretary  of  the  Board  of  Water  Commission- 
ers to  the  City  Auditor,  who  shall  return  the  same  to  the  office 
of  the  Water  Department  and  be  filed  therein. 

Sec.  12.  The  Chief  Engineer  of  the  Water  Worlvs  shall  Pay  rolls, 
make,  or  cause  to  be  made  out  on  INIonday  of  each  week,  a  pay- 
roll containing  the  name  of  each  person  employed  by  the  day 
or  week,  their  occupations,  and  the  amounts  due  to  such  per- 
sons, and  submit  the  same  to  the  Board  of  Water  Commission- 
ers, and  if  said  pay-roll  shall  be  approved,  orders  shall  be 
drawn  in  favor  of  the  Chief  Engineer  to  pay  the  parties 
named  therein. 

Sec.  13.     If  anv  person  shall  introduce  on  any  premises  Penalty  for 

,    .    .  '  .       .  putting  in 

additional  water  fixtures  of  any  description,  or  form  any  con-  fixtures 

"^  -^  '  .         "^  without  per- 

nection  with  any  water  pipe,  without  a  written  or  printed  per-  mit. 
mit  from  the  Registrar,  such  person  shall  pay  for  each  and 
every  such  offence  the  sum  of  five  dollars,  and  shall  not  be  en- 
titled to  receive  any  permit  for  the  introduction  of  city  water 
on  any  premises  whatever  until  such  penalty  and  the  water 
rent  shall  be  paid,  and  the  supply  of  city  water  to  such  prem- 
ises may  be  discontinued  until  such  payments  shall  be  made. 

Sec.  14.     If   anv  person   shall  permit  the   Brandywine  .^^      ,,   ^ 

t^  t-  J  Penalty  for 

water  to  flow  unnecessarily  from  any  private  pipe  or  fixtures  wasting 
thereof  on  his  or  her  premises,  or  the  premises  by  him  or  her 
occupied,  either  within  a  building  or  enclosure,  or  any  street 
or  alley,  every  such  person  shall  forfeit  and  pay  for  each  such 
offence,  the  sum  of  five  dollars ;  and  in  all  cases  where  several 
persons  receive  a  supply  of  water  by  branches  uniting  with  a 
private  common  pipe,  every  person  who  may  so  receive  the 
water,  shall  be  bound  to  keep  such  common  pipe  in  repair,  and 
in  case  of  waste  by  leak  or  leaks  therefrom,  shall  be  severally 
liable  for  the  penalt}^  above  imposed.  If  at  any  time  it  shall 
be  necessary  to  repair  a  private  pipe  within  the  limits  of  the 
cartway  of  any  public  street  or  alley,  a  permit  shall  be  first 


1080 


RULES  AND  REGULATIONS. 


Waste  of 
water. 


Repairs. 


Penalty. 


taken  for  so  doing,  and  the  expense  of  such  repairing  paid  by 
the  person  or  persons  interested,  under  the  penalty  of  five  dol- 
lars for  the  neglect  of  this  provision.  Not  more  than  one  house 
shall  hereafter  be  supplied  with  water  from  one  ferrule,  and 
when  two  or  more  houses  shall  have  been  thus  supplied  previ- 
ous to  the  passage  of  these  Laws,  Kules  and  Regulations,  and 
any  one  of  such  houses  shall  be  delinquent  in  payment  of 
water  rent,  or  have  leaky  fixtures  on  the  premises,  it  shall  be 
lawful  to  cut  off  the  supply  by  detaching  the  pipe  of  the  de- 
linquent or  leaky  premises,  until  the  leaky  fixtures  are  re- 
paired, the  delinquent  rent  and  all  expenses  of  detaching  and 
re-attaching  paid,  without  any  liability  or  claim  whatever 
against  the  city  by  reason  of  such  shutting  off  of  the  water. 
Upon  information  being  lodged  with  the  Chief  Engineer  or 
other  officers  of  the  Water  Works,  of  the  actual  or  probable 
evasion  or  violation  of  any  of  the  provisions  of  these  Laws, 
Rules  and  Regulations;  in  any  building,  lot  of  ground,  or 
premises  into  or  through  which  pipes  for  conducting  a  supply 
of  Brandywine  water  may  be  laid,  it  shall  be  lawful  for  the 
said  Chief  Engineer  or  other  officers,  directed  by  him  to  enter 
such  building,  lot  of  ground  and  premises,  for  the  purpose  of 
examining  the  pipes  of  conduit,  and  the  coclvs  and  fixtures 
thereof,  and  of  ascertaining  whether  the  same  are  in  proper 
order  and  repair,  and  if  for  want  of  such  repair,  there  be  a 
waste  of  water,  and  the  owner  or  occupier  of  such  building  or 
lot  of  ground  or  premises,  shall  neglect  or  refuse,  upon  notice 
being  given  by  the  said  Chief  Engineer  or  other  officers,  to 
have  the  necessary  repairs  made  forthwith,  the  said  Chief  En- 
gineer or  other  officers  delegated  by  him  are  hereby  authorized 
and  empowered  to  shut  off  the  water  leading  to  such  building, 
lot  of  ground,  or  premises,  and  any  person  who  shall  let  on  the 
water  before  the  necessary  repairs  are  made,  shall  forfeit  and 
pay  the  sum  of  five  dollars,  and  any  person  who  shall  obstruct 
or  oppose  the  said  Chief  Engineer  or  other  officers  in  making 
such  entry  and  examination  as  aforesaid,  shall  forfeit  and  pay 
for  each  offence  the  sum  of  twenty  dollars. 


Fire 
hydrants. 


Sec.  15.     If  any  person  or  persons,  entrusted  with  the 
wrenches  or  spanners  of  the  fire  hydrants,  shall  neglect  or  re- 


RULES  AND  REGULATIONS.  1081 

fuse  to  shut  the  same  as  soon  as  the  fire  is  extinguished,  he  or 
they  shall  forfeit  and  pay  for  such  offence  the  sum  of  five  dol- 
lars. If  any  person  or  persons,  except  the  Chief  Engineer  and 
Superintendent,  or  some  person  by  his  authority,  shall  open 
or  shut  the  stop-cocks,  fire  hydrants  or  water  gates  attached  to 
the  pipes  of  conduit,  he  or  they  for  cA'ery  such  offence,  shall 
forfeit  and  pay  the  sum  of  five  dollars.  If  any  person  or  per- 
sons shall  break,  injure,  or  do  any  damage  whatever  to  the 
pumps,  pump-house  or  machinery,  erected  on  the  Brandywine, 
or  elsewhere,  for  the  purpose  of  supplying  this  city  with 
water,  or  to  the  pipes  of  conduit  laid  for  the  passage  of  the 
water  or  to  the  fire  hydrants,  stop-coclvs,  water  gates,  hy- 
drants, pumps,  or  other  fixtures  appertaining  to,  or  connected 
with  the  same,  or  shall  throw  or  put  any  stones,  filth,  or  any 
■  foreign  matter  or  substance  whatever  into  the  basins,  or  reser- 
voirs, or  shall  damage  or  injure  in  any  manner  the  fencing 
and  paling  enclosing  the  same,  or  shall  break  the  earth  in  any 
of  the  streets,  lanes,  or  alleys  of  the  city  for  the  purpose  of  dis- 
turbing, moving,  or  injuring  the  pipes  of  conduit,  or  obstruct- 
ing the  passage  of  water  through  the  same,  every  person  so  of- 
fending, shall  forfeit  and  pay  for  every  such  offence  a  fine  not 
exceeding  fifty  dollars  and  not  less  than  five  dollars,  and  pay 
the  cost  of  repairs  made  necessary  by  reason  of  the  damage 
done. 

Sec.  16.  The  Annual  Water  Rents  shall  be  payable  to  the 
Registrar,  at  the  office  of  the  Department  annually,  in  advance 
in  the  month  of  January,  in  every  year ;  and  if  the  water  rent 
or  any  portion  thereof  remains  unpaid  on  ]\Iarch  1st,  succeed- 
ing, the  water  may  be  shut  off,  and  the  water  shall  not  again 
be  supplied  or  furnished  to  such  premises,  except  upon  pay- 
ment of  all  arrears  of  Water  Rents.  In  all  new  contracts,  to 
be  granted,  and  all  vacant  houses  where  water  has  been  shut 
off  by  the  Department,  the  Registrar  shall  be  authorized  to  de- 
mand and  receive,  in  advance,  such  Water  Rents  as  may  be- 
come due  for  the  balance  of  the  year.  When  city  water  is  sup- 
plied to  any  premises  through  meter  at  meter  rates,  bills  shall 
be  payable  quarterly,  and  when  any  bill  is  not  paid  within 


1082  RULES  AND  REGULATIONS, 

thirty  daj's  after  the  close  of  any  quarter,  the  water  may  be 
shut  off  as  in  other  cases  of  delinquent  Water  Renters. 

The  minimum  charge  for  water  furnished  by  meter  meas- 
urement shall  be  collected  in  January,  and  if  the  Water  Rent 
or  any  portion  thereof  remain  unpaid  on  March  1st,  succeed- 
ing, the  water  may  be  shut  off  as  in  other  cases  of  delinquent 
Water  Renters. 

When  the  amount  of  Water  Rents  exceeds  the  minimum, 
the  excess  shall  be  collected  quarterly. 

Contracts  Sec.  17.     Every  contract  which  shall  hereafter  be  made 

water.^°  by  the  city,  with  any  person  or  corporation  for  a  supply  of 
Brandywine  water  by  private  pipe,  shall  be  deemed  and  taken 
as  a  permanent  contract,  unless  either  party,  from  a  change  of 
circumstances,  may  desire  to  make  a  new  one,  in  which  case 
the  person  or  corporation  using  the  M^ater,  or  the  Registrar  oga 
behalf  of  the  city,  shall  have  power,  at  any  time,  by  giving  one 
month's  written  or  printed  notice,  to  which  the  signature  of 
the  said  Registrar  is  affixed,  to  the  other  party  to  the  contract, 
to  avoid  and  rescind  the  same  at  the  termination  of  said  notice. 
In  case  notice  comes  from  the  Registrar,  and  the  use  of  the 
water  is  discontinued,  the  proportional  share  of  Water  Rent 
paid  in  advance,  shall  be  refunded  hy  the  city,  and  the  Regis- 
trar is  hereby  authorized  and  directed  to  do  so. 

If  any  person  who  has  contracted,  or  may  hereafter  con- 
tract for  a  supply  of  said  water,  shall  permit  any  person  or 
persons  other  than  members  of  his  or  her  family,  or  persons 
residing  or  dwelling  in  his  or  her  house,  to  have  free  or  com- 
mon access  to  the  hydrant  in  the  premises  by  them  occupied, 
for  the  purpose  of  using  the  said  water,  the  person  or  persons 
so  permitting  the  said  water  to  be  so  used,  and  the  person  or 
persons  so  using  the  said  water,  respectively,  shall  upon  con- 
viction thereof,  pay  a  fine  of  five  dollars.  Provided,  that  this 
provision  shall  not  be  construed  to  prevent  the  owner  or  occu- 
pier of  premises  in  which  there  is  a  hj'-drant,  from  permitting 
any  other  person  who  has  any  existing  contract  for  said  water, 
but  whose  private  pipe  or  hydrant  is  out  of  order,  and  under- 


KULES  AND  REGULATIONS.  1083 

going-  repairs,  to  obtain  and  use  the  water  from  such  hydrant, 
while  such  repairs  are  going  on  and  until  they  are  completed. 

Sec.  18.     All  persons  desiring  a  water  supply  from  the  Applications 

^  °  .  .  .        for  altera - 

City  of  Wilmington,  or  to  extend  water  pipe  in  connection  tions  or  ex- 

"'         '  .  .  tensions. 

therewith  or  make  alterations  or  extensions  m  the  water  fix- 
tures, must  first  make  application  at  the  office  of  the  Water 
Department  upon  printed  forms  to  be  furnished  by  said  De- 
partment, the  blanks  to  be  properly  filled  in  and  signed  by  the 
owner  of  the  premises,  and  a  licensed  plumber,  authorized  to 
do  the  work ;  to  whom  a  permit  will  be  issued,  except  in  case 
where  water  is  required  for  the  purpose  of  erecting  new  build- 
ings, then  a  permit  will  be  issued  to  a  contractor  or  builder, 
without  the  signature  of  the  owner  of  the  premises,  if  satisfac- 
tory information  is  given. 

In  eveiw  application  for  a  permit  the  applicant  or  appli- 
cants shall  state  fully  and  explicitly  the  purpose  to  which  he 
or  she  or  they  intend  applying  the  water  of  the  city ;  and  every 
person  wilfully  making  a  false  statement  as  to  said  applica- 
tion, shall  forfeit  and  paj'  for  the  offence  the  sum  of  ten  dol- 
lars. In  case  any  person  or  persons  shall  hereafter  carry  off 
the  said  Brandywine  water  in  any  way  whatsoever,  from  the 
city  hydrants,  or  from  any  private  premises,  to  be  used  out  of 
this  city,  except  in  times  of  fire,  or  unless  duly  authorized  by 
the  Kegistrar,  such  person  or  persons  shall  forfeit  and  pa^^  for 
every  such  offence,  the  sum  of  five  dollars. 

Sec.  19.  All  persons  desiring  a  water  supply  from  the  hydraifts^'^^ 
City  of  Wilmington  for  the  purpose  of  extinguishing  fire,  or 
to  extend  water  pipe  in  connection  therewith  or  make  altera- 
tions to  the  present  system,  must  make  application  at  the  of- 
fice of  the  Water  Department,  the  blanks  to  be  properly  filled 
in  and  signed  by  the  owner  of  the  premises. 

The  water  to  be  used  for  this  purpose  (extinguishing  of 
fire)  must  pass  through  a  detector  meter  of  the  by-pass  and 
automatic  check  valve  variety  that  will  properly  meet  the  con- 
ditions of  a  fire  or  sprinkler  supply.  The  said  detector  meter 
and  the  installation  thereof  to  be  paid  for  by  the  applicant, 


1084 


RULES  AND  REGULATIONS. 


Obstruction 
of  fire 
hydrants. 


also  all  piping  and  valves  from  the  end  of  the  branch  connec- 
tion in  the  city  main  to  a  point  designated  by  the  Chief  Engi- 
neer shall  be  installed  by  the  Water  Department  and  at  the 
expense  of  the  owners. 

If  npon  examination  of  the  fire  hydrants  and  automatic 
sprinklers  now  existing,  there  be  found  any  leakages  causing  a 
waste  of  water,  the  Chief  Engineer  is  herebj''  authorized  and 
directed  to  place  a  detector  meter  on  the  said  supply,  at  the 
expense  of  the  owner  of  the  property. 

Any  person  or  persons  who  have  been  permitted  to  intro- 
duce upon  his,  her  or  their  premises,  a  fire  hydrant,  automatic 
sprinkler  or  other  appliances  for  the  protection  of  their  prop- 
erty from  fire  who  shall  use  or  permit  the  same  to  be  used  for 
sprinkling  or  washing  the  yards  or  streets,  filling  wells,  boilers, 
tanks,  or  for  any  purpose  whatever,  except  its  legitimate  use— 
for  the  extinguishment  of  fires — shall  forfeit  and  pay  a  fine  of 
twenty  dollars  for  the  first  ofi:'ence,  and  upon  a  repetition  of 
said  offence  the  Chief  Engineer  may  be  authorized  to  detach 
the  connection  of  said  fire  hydrant,  automatic  sprinkler  or 
other  appliances  from  the  main,  notwithstanding  the' cost  of 
the  introduction  of  said  fire  hydrant,  automatic  sprinkler  or 
other  appliances  was  paid  by  the  said  parties. 

Sec.  20.  Any  person  who  shall  obstruct  the  access  to  any 
fire  hydrant,  stop-cock,  or  other  fixture,  connected  with  the 
supply  of  water  to  the  city,  by  placing  thereon  stone,  brick, 
lumber,  dirt,  or  any  other  material,  or  who  shall  permit  any 
such  material  to  be  placed  thereon  by  those  in  his  employ,  shall 
be  subject  to  a  penalty  of  twenty-five  dollars  for  each  offence, 
and  an  additional  sum  of  ten  dollars  for  each  day  the  same 
shall  be  continued  after  notice  for  the  removal  of  such  obstruc- 
tion shall  have  been  served,  and  pay  all  expenses  of  removal. 


Horse 
troughs. 


Sec.  21.  Any  person  or  persons  allowing  water  to  flow 
into  and  from  any  horse  trough;  or  other  fixture  used  for 
watering  horses,  (public  fountains  and  water  troughs  ex- 
cepted, as  approved  by  the  Board  of  Water  Commissioners.) 


RULES  AND  REGULATIONS.  1085 

when  not  in  actual  use  shall  forfeit  and  pay  a  penalty  of  five 
dollars  for  each  and  every  offence. 

Sec.  22.  Whenever  it  shall  be  considered  necessary  to  ac-  Meters, 
curately  determine  the  quantity  of  water  used  by  manufac- 
turers, distillers,  hotels  or  other  consumers,  the  Chief  Engi- 
neer may  attach  meters  to  the  several  pipes  supplying  the 
premises,  to  which  meters  the  officers  of  the  department  shall 
have  access  at  all  reasonable  times. 

Sec.  23.    The  Registrar  shall  cause  to  be  inserted  in  two  Place  and 

.  .  time  of  pay- 

or more  of  the  ncAvspapers  of  the  citv,  the  time  and  place,  ment  of 

water  rents. 

when  and  where  the  water  rents  are  payable,  and  the  penalties 
for  delay  in  paj^ment,  and  for  non-payment  thereof. 

Sec.  24.  Wash  paves  are  exclusively  for  washing  the  foot  use  of  wash 
pavements  of  the  premises  charged  with  the  wash  pave,  and  ^^^^^- 
should  their  use  be  permitted  for  sprinkling  the  street  or  drive- 
way in  front  of  said  premises  it  is  a  concession  by  the  Water 
Department  and  not  a  privilege  of  the  owner,  and  must  be  con- 
fined to  the  space  immediately  fronting  said  premises  and 
used  with  moderation  before  the  hour  of  seven  o'clock  A.  M. 
.and  after  six  o  'clock  P.  M.  And  when  any  of  the  Water  De- 
partment officials  believe  said  sprinkling  unnecessary,  immod- 
erate, or  not  confined  to  the  limits  hereby  specified  he  shall 
forbid  its  further  use,  and  any  person  or  persons  who  shall 
thus  continue  to  use  it  after  said  notice  without  permission 
from  the  Registrar  shall  forfeit  and  pay  a  penalty  of  five  dol- 
lars for  each  any  every  offence. 

Sec.  25.     All  new  and  renewed  service  pipes  from  the  „. 

^  ^  Size  of 

curb  stop  to  the  inside  of  the  cellar  wall  must  be  not  less  than  service, 
three-quarters  (f )  of  an  inch  in  diameter  and  laid  at  a  uni- 
form depth  of  not  less  than  four  (-4)  feet  below  the  finished 
surface  of  the  ground  or  sidewalk,  and  not  less  than  three- 
quarter  (f)  inch  diameter  pipes  must  be  extended  through 
the  cellar  to  all  branches  and  continuously  to  all  hopper 
closets. 

When  the  connection  is  made,  the  trench  must  be  left 
open,  until  the  work  is  inspected  and  approved  by  an  Inspec- 


1086  RULES  AND  REGULATIONS. 

tor  of  the  Water  Department.  The  o^^oier,  contractor  or 
plumber  must  notify  the  office  of  the  Water  Department, 
twenty-four  hours  before  such  inspection  is  required. 

The  water  supplied  to  any  premises  shall  not  be  turned 
off,  or  turned  on,  (except  in  cases  of  emergency)  at  the  curb 
stop,  except  by  the  Foreman  or  authorized  employe  of  the 
Water  Department.  When  the  water  is  shut  off  in  case  of 
emergency  the  Water  Department  office  must  be  notified  im- 
mediately thereafter. 


Vacant 
houses. 


VACANT  HOUSES. 

Where  houses  are  vacant  in  the  month  of  December  of 
each  year  and  to  remain  vacant  for  an  indefinite  time,  and 
written  notice  is  sent  (prior  to  January  1st),  to  the  office  of 
the  Department  requesting  the  water  to  be  turned  off,  the 
Water  Department  will  shut  off  the  water. 

The  said  property  shall  be  exempt  from  Water  Rent  dur- 
ing such  vacancy,  from  the  first  day  of  January  until  occu- 
pied, at  which  time  the  owner  shall  pay  the  Water  Rent  in  ad- 
vance for  the  balance  of  the  year,  and  the  Water  Department 
will  turn  on  the  water. 

When  any  water  fixture  has  been  removed  during  any 
year,  written  notice  must  be  sent  to  the  office  of  the  Depart- 
ment prior  to  January  1st,  following  said  removal,  in  order  to 
have  the  Water  Rent  charged  for  said  fixture  deducted  from 
the  bill  for  the  following  year. 

Every  person  violating  this  section  shall  be  liable  to  a 
penalty  of  five  dollars  for  each  and  every  offense. 

The  use  of  Sec.  26.     All  persons  desiring  a  water  supply  from  the 

through  City  of  Wilmington  through  meters,  must  first  make  applica- 
tion at  the  office  of  the  Water  Department  upon  printed  forms 
to  be  furnished  by  said  Department,  the  blanks  to  be  properly 
filled  in  and  signed  by  the  owner  of  the  premises,  except  in  the 
case  where  water  may  be  required  for  the  purpose  of  erecting 
new  buildings,  or  making  repairs  to  buildings,  then  the  con- 


meters. 


RULES  AND  REGULATIONS.  1087 

tractor  or  builder  may  sign  the  said  application.  The  appli- 
cant must  agree  to  conform  to  and  abide  by  the  Laws,  Rules 
and  Regulations  governing  the  Water  Department  of  the  City 
of  Wilmington,  Delaware,  and  the  distribution  of  the  Brandy- 
wine  water. 

All  meters  shall  be  located,  placed  and  kept  from  all  ob- 
structions so  as  to  afford  easy  access  thereto,  that  they  can 
easily  be  read  and  inspected.  All  meters  belonging  to  the 
Water  Department  shall  be  placed  by  said  Department  and 
kept  in  repair,  except  when  broken  or  damaged,  whether  by 
frost  or  otherwise  caused  by  the  negligence  of  the  owner  or 
tenant  of  the  premises  where  such  meters  may  be  placed,  in 
such  case  the  owner  shall  pay  the  Department  for  said  dam- 
age or  injury. 

The  Chief  Engineer  or  an  authorized  employe  of  the  De- 
partment shall  have  free  access  at  proper  hours  of  the  day,  to 
enter  the  premises  to  read  the  meter  or  to  remove  the  same  for 
repairs  and  replace  the  same. 

After  a  meter  shall  have  been  placed  on  the  pipe  or  pipes 
supplying  any  premises,  the  owner  of  the  premises  shall  be  re- 
sponsible for  any  damage  which  said  meter  may  sustain,  re- 
sulting from  the  carelessness  of  the  owner  or  tenant,  and  for 
any  damage,  w^iich  may  result  from  hot  water  or  steam  setting 
back  from  a  boiler. 

It  shall  be  the  duty  of  the  Chief  Engineer  to  investigate 
and  determine  in  each  case  the  responsibility  for  the  damage 
and  the  cost  of  the  renewal  or  repairs. 

No  meter  shall  be  disconnected  from  the  pipes,  moved, 
disturbed  or  seal  broken  by  any  person  except  an  authorized 
employe  of  the  Department.  Every  person  violating  this  sec- 
tion shall  pay  to  the  Department  a  penalty  of  not  less  than  five 
($5.00)  dollars  for  each  offense. 

No  person  shall  be  entitled  to  recover  for  damages,  or  to 
have  any  portion  of  the  Water  Rent  refunded,  for  an}?-  stop- 


1088  RULES  AND  REGULATIONS, 

page  of  supply  of  water  occasioned  by  choking  or  accident  to 
the  meter,  or  for  the  stoppage  of  water  for  the  purpose  of 
changing  the  meter,  or  making  repairs,  and  the  Chief  Engi- 
neer shall  have  the  right  to  shut  off  the  water  while  making 
such  change  or  repairs. 

The  Water  Rent  shall  be  due  and  payable  at  such  times, 
and  with  such  discount  as  the  Board  of  Water  Commissioners 
may  from  time  to  time  direct,  and  subject  to  the  general  rules 
for  the  payment  of  water  rents. 

If  a  meter  should  become  inoperative  and  fail  to  register 
correctly  the  Water  Rent  shall  be  based  upon  the  quantity  of 
water  that  passes  through  the  meter  when  in  good  working  or- 
der, for  a  corresponding  period. 

On  failure  to  comply  with  the  Laws,  Rules  and  Regula- 
tions established  as  a  condition  to  the  use  of  water,  or  to  pay 
the  water  rates  in  the  time  and  manner  provided,  the  water 
may  be  shut  off  until  payment  is  made  of  the  amount  due. 

TARIFF  OF  WATER  RENTS. 

Sec.  27.  The  following  are  rates  at  which  Brandywine 
water  is  furnished : 

CHARGES  FOR  DWELLING  HOUSES. 

Dwelling  houses  of  four  or  more  rooms  having  hydrant 

in  yard  or  kitchen,  or  both,  one  family $5.00 

Small  dAvellings  containing  two  rooms,  one  family 3.00 

Small  dwellings  containing  three  rooms,  one  family 4.00 

Dwellings  occupied  by  more  than  one  family : 

Each  suite  of  two  rooms,  one  family 3.00 

Each  suite  of  three  rooms,  one  family 4.00 

Each  suite  of  four  or  more  rooms,  one  family 5.00 

Baths,  each, 3.00 

Water  closets  and  urinals,  self  closing  or  with  reservoir, 

each 2.00 

Water  closets  and  urinals  of  other  description 3.00 

Wash  paves  of  every  description,  or  hose  attached  to  hy- 
drants for  that  purpose  (no  part  of  year) 2.00 


RULES  AND  REGULATIONS.  1089 

Bidets  and  foot  tubs,  each 1.00 

Wash  basins  and  sinks  in  chambers  or  pantry,  each 1.00 

CHARGES  FOR  STORES,  ETC. 

Stores,  offices,  factories,  shops,  etc 3.00 

Stores,  without  Avater  in  them. 1.00  to  3.00 

Basins  or  sink  additions,  each 2.00 

Water  closets  and  urinals,  each 3.00 

Bars  with  water  in  or  out  of  bar 5.00 

AVash  basins  and  sinks,  each 2.00 

CHARGES  FOR  STABLES. 

Private  stables  with  one  horse 3.00 

Private  stables  each  additional  horse 1.00 

For  washing  (with  use  of  hose)  each  carriage  or  vehicle.   1.00 
For   washing    (without  use   of  hose)    each   carriage   or 

vehicle 50 

For  market  horses  exclusively,  each  stall 50 

For  each  cow   50 

MISCELLANEOUS. 

Lawn  sprinklers  or  hose  used  as  such 5.00 

Eating  and  oyster  saloons ; 3.00 

Green  and  hot-houses,  private 3.00 

Green  and  hot-houses  for  florists,  each 5.00 

Heating  boilers,  circulating,  private  dwellings 1.00 

Heating  boilers,  circulating,  public  buildings ....  5.00  to  10.00 

Fish  stalls  o.OO  to  20.00 

IMarket  houses,  each  stall,  in  addition  to  appliances 25 

Churches 5.00 

Pools  in  churches 3.00 

Each  tub  at  Public  AVashing  establishment 3.00 

Each  tub  in  hotel  or  dwelling 1.00 

For  common  family  bakeries,  in  addition  to  charge  for 

dwellings 3.00 

Barber  shops,  one  basin 3.00 

Barber  shops,  each  additional  basin 1.00 

Drug  stores   5.00 

Fountains  in  drug  store,  each  per  month 1.00 


1090 


RULES  AND  REGULATIONS. 


Locomotives,  each 40.00 

Boilers,  other  than  for  steam  engines,  per  horse  power.  .   2.00 
Photograph  galleries  10.00 

RATES  FOR  WATER  CONSUMED  BY  METER  MEASUREMENT. 

First  tAvo  thousand  (2,000)  en.  ft.  or  less  per  quarter,  75 
cents  per  thousand. 

Xext  three  thousand  (3,000)  cu.  ft.  or  less,  per  quarter, 
60  cents  per  thousand. 

Next  five  thousand  (5.000)  cu.  ft.  or  less,  per  quarter,  45 
cents  per  thousand. 

Xext  ten  thousand  (10,000)  cu.  ft.  or  less,  per  quarter,  40 
cents  per  thousand. 

Xext  thirty  thousand  (30,000)  cu.  ft.  or  less,  per  quarter, 
38  cents  per  thousand. 

Xext  fifty  thousand  (50,000)  cu.  ft.  or  less,  per  quarter, 
37  cents  per  thousand. 

Xext  one  hundred  thousand  (100.000)  cu.  ft.  or  less,  per 
quarter,  36  cents  per  thousand. 

That  is.  the  cost  of  two  hundred  thousand  cu.  ft.  is  $75.45. 

All  in  excess  of  two  hundred  thousand  cu.  ft..  35  cents. 


limum  charge .... 

.  .  .  .    J  in. 

meter 

$10 

e  (                       ( 

....      4 

15 

<  i                       i 

....1         " 

( 

20 

i  i                   .    ( 

i  i                       i 
1 1                       i 

. . . .2     " 
....3     " 
....4     " 
....  5     " 
....6     " 

i 

30 

40 

50 

60 

70 

I  i                       I 

80 

BUILDING  PURPOSES. 

Dwelling  houses  (five  or  less),  each $1.00 

Each  additional  house  in  excess  of  five,  embraced  in  one 

permit  and  in  same  locality,  each ! 60 


RULES.  AND  REGULATIONS.  1091 

Other  small  buildings,  same  rate  as  for  dwelling  houses. 
Large  buildings,  special  rates. 

Eevised,  amended,  approved  and  adopted  by  the  Board  of 
Water  Commissioners,  September  23,  1907. 


PART  VII 


Rules  and  Regulations 


OF  THE 


Board  of  Park  Commissioners 


RULES  AND  REGULATIONS.  1095 


PARK  REGULATIONS. 


The  Board  of  Park  Commissioners  of  the  City  of  Wil- 
mington, under  their  power  to  make  all  needful  rules  and  regu- 
lations for  the  government  of  any  parks  under  their  control, 
have  made  the  following.  Persons  violating  these  rules  are 
liable  to  penalties  in  amount  not  exceeding  $10  for  each  offense. 

I.  No  person  shall  cut,  break,  or  otherwise  injure  or  de- 
face a>ny  trees,  shrubs,  plants,  turf,  rock,  or  any  building, 
fence,  bridge,  or  other  structure  within  any  Park. 

XL  No  person  shall  carry  firearms,  shoot  birds,  or  other 
animals,  or  throw  stones  or  other  missiles,  or  in  any  w^ay  dis- 
turb or  annoy  the  birds  or  animals  within  the  boundaries  of 
any  Park. 

III.  No  person  shall  make  a  fire  or  throw  or  place  upon 
the  ground  any  lighted  match,  cigar,  or  other  burning  sub- 
stance ;  or  set  a  trap  or  snare ;  or  injure,  annoy,  or  disturb  or 
have  possession  of  any  wild  animal  or  bird,  or  injure  or  de- 
stroy any  nest  in  any  Park. 

TV.  No  person  shall  be  guilty  of  any  threatening,  abusive, 
insulting,  or  indecent  language,  or  commit  any  obscene  or  in- 
decent act  in  any  Park. 

V.  No  person  shall,  Avithout  permission  from  the  park  au- 
thorities, ride  or  drive  upon  any  part  of  the  park  except  upon 
roads  intended  for  that  purpose.  The  use  of  the  roads,  except 
in  cases  where  persons  have  legal  rights  therein  to  the  con- 
trary', and  also  speeds  allowable  on  the  roads,  are  subject  to 
such  directions  as  the  Superintendent  may  from  time  to  time 
give ;  but  automobiles  and  other  vehicles  must  not  at  anj-  place 
go  faster  than  is  consistent  with  safety  to  those  using  the 
roads. 


1096  RULES  AND  REGULATIONS. 

VI.  No  person  shall  enter  upon  or  loiter  abont  any  pro- 
hibited place  within  the  Park,  or  violate  any  special  notice  or 
injunction,  or  loiter  in  anj^  place  after  having  been  directed  by 
an  officer  to  move  on,  or  refuse  to  obey  any  reasonable  request 
of  any  park  guard. 

VII.  No  person  shall  erect,  paint,  paste  or  otherwise  affix 
or  distribute  any  signs,  advertisements  or  circulars  within  any 
Park. 

VIII.  Loose  horses,  cattle,  fowls,  dogs  and  other  domestic 
animals  are  not  allowed  in  any  Park.  Dogs  kept  in  leash  are 
not  prohibited. 

IX.  No  person  shall  injure,  deface,  destroy  or  remove 
any  notice  or  regulation  for  the  government  of  the  Parks. 


APPENDIX 


Charter,  Laws  and  Ordinances, 
Revised 

To  January  1 ,  1910 


APPENDIX  1099 


APPENDIX. 


City  Elections  Law. 

(1.)  In  June,  1910,  the  Court  in  Banc  decided  that  the 
Act  of  the  General  Assembly  making  the  time  for  the  holding 
of  elections  in  the  City  of  "Wilmington  to  be  every  "second" 
year,  Avas  invalid  because  of  the  failure  of  the  clerks  of  the 
Senate  and  House  of  Kepresentatives  to  enter  the  aye  and  nay 
vote  upon  their  journals.  This  work  is  brought  up  to  December 
31,  1909,  and  for  this  reason  the  law  is  left  unchanged.  The 
decision  of  the  Court  would  make  the  holding  of  elections,  now, 
every  ' '  fourth ' '  year. 

Appropria- 

Appropriatioxs  to  Fire  Companies.  ^}^Z^^^i^^% 

(2.)     Sec.  68.     (In  any  appropriation  for  fire  companies  Act  of  Feb. 

T,  looT.    lo 

in  the  City  of  Wilmington  by  the  Council  the  amount  granted  d.  l.  338. 
to  anv  one  companv  shall  not  be  in  excess  of  Three  Thousand 

'  Act  of  April 

Dollars  m  anv  one  fiscal  A'ear ;  [but  to  anv  fire  companv  not  21,  is97._  20 

"  '  ,        "  '    .         D.  L.  675. 

having  a  chemical  engine  or  combination  hose  and  chemical 
vragons  the  amount  granted  shall  not  be  in  excess  of  Thirty- 
five  Hundred  Dollars  in  any  one  fiscal  vear] ,  except  that  said  Act  of  April 

'  13   1895        0 

Council  may  grant  an  additional  sum)    [not  exceeding  Twod.l.  157. 
Thousand  Dollars  annuallv  to  the  Washington  Fire  Companv,  Act  of  Feb. 

25.  1S97.     20 

No.  7,  for  the  use  of  their  chemical  engine]    [and  a  like  sum  b."  l.  663. 

not  exceeding  Two  Thousand  PoUars  annually  to  the  Weeeacoe 

Fire  Companv.  No.  8.  for  the  use  of  its  chemical  enoine.l  [Pro-  Act  of  March 

.  "^19.  1S97.     20 

videcl,  however,  that  the  said  Council  shall  pay  to  the  Dela- d.  l.  ees. 
ware  Fire  Company,  No.  3.  of  Wilmington,  Delaware,  the  sum 

.  *  '  .  Act  of  June 

of  Thirtv-five  Hundred  Dollars  per  annum.  1     [That  rrom  and  9.  is98.    21 

D   L.  ''48. 

after  the  first  day  of  July,  A.  D.  1898,  there  shall  be  appro- 


1100  APPENDIX 

priated  by  the  City  Council  of  the  said  City  of  Wilmington 
for,  and  the  Mayor  and  Council  of  the  said  City  of  Wilming- 
ton be  and  are  hereby  authorized  and  directed  to  pay  to  the 
said  Phoenix  Fire  Company,  No.  4,  of  Wilmington  Delaware, 
the  sum  of  Five  Thousand  Dollars  per  annum  to  be  paid  semi- 
annually in  the  sums  of  Twenty-five  Hundred  Dollars  in  the 
months  of  March  and  September.] 

For  ordinances  relating  to  the  Water  Witch  and  Brandywine  Fire 
Coraiianies,  see  pp.  642  and  645  of  this  volume. 

See  20  D.  L.  675,  and  25  D.  L.  315. 

See  also  page  553  this  volume. 

The  Act  of  April  7,  1909  (p.  553  of  this  volume)  authorizes  The 
Council  to  make  contracts  with  the  fire  com2)anies,  ''provided,  however, 
that  the  amount  named  in  said  contract  shall  not  be  less  than  the  amount 
now  appropriated  by  the  Council  to  the  respective  companies."  The 
above  is  printed  to  show  the  amounts  "noiv  appropriated." 

Sewer  Connections. 
(3.)  On  page  139  of  the  charter  (this  volume)  is  the  fol- 
lowing: "And  if  the  expense  incurred  by  the  Board  of  Health 
in  making  the  aforesaid  connections,''''  etc.  This  word  ''con- 
nections" referred  to  sewer  connections,  but  the  manner  in 
Avliich  the  amendment  was  made  to  the  old  law,  leaves  it,  now, 
meaningless.  The  reference  to  sewer  connections  is  now  on 
pages  142  and  143  of  the  Charter. 

Obsolete  Ordinances. 
This  work  contains  a  number  of  useless  and  obsolete  or- 
dinances, such  as  providing  for  a  bellman,  making  it  unlawful 
for  minors  to  collect  and  assemble  in  the  streets  in  the  even- 
ing without  the  written  consent  of  their  parents,  provisions 
as  to  wharves,  &c.  Their  repeal  was  not  asked  for  because  it 
was  thought  occasions  might  arise  at  times  when  the  enforce- 
ment of  them  would  answer  a  purpose.  Certain  obsolete  or- 
dinances have  been  allowed  to  remain  as  showing  how  the 
city  treated  and  dealt  with  its  own  property. 


INDEX 

A. 


ABATEMENTS 

of  nuisances  (See  Nuisances,  Board  of  Health.) 

of  taxes,  when  paid  in  July   94 

ACADEMY  (OLD) 

title  to,   vested  in  City 523 

ACOOUXTS,  BILLS  AND  ORDERS 

duties  of  Auditor  respecting  (See  Auditor) 

Clerk  of  Council  respecting  (See  Clerk  of  Council) 
Treasurer  respecting  (See  Treasurer) 

ACI^^owLEDGMENTS 

of  deeds,  &c.,  before  Judge  of  Municipal  Court 52 

of  deeds,  &c.,  before  ilayor  34 

ACTS  OF  THE  GENERAL  ASSEMBLY 

to  revise  and  consolidate  acts  relating  to  the  City  (charter).  .17-146 

inconsistent  with  charter,  repealed 146 

relating  to  the  City  of  Wilmington 149-562 

supplementary  to  the  charter 149-156 

relating  to  bridges    .....* 510-512 

City  officers   157-167 

aty  railways   256,  403-509 

elections    272-418 

exemptions  from  taxation   484,  485-492 

the  harbor   185-204 

miscellaneous   518-562 

Police    Department    205-220 

public  parks   •  •  ■  ■  168-173 

public   schools    419-453 

registration  of  voters   272-328 

sales  of  real  estate   513-517 


1102  INDEX. 

ACTS  OF  THE  GENERAL  ASSEMBLY— (Continued) 

seAvers  and  drains   238-248 

sinking  fund  and  City  debt 454-484 

Street  and  Sewer  Department 224-237 

streets  and  roads   249-271 

Water  Department    174-184 

ADMINISTRATOR 

of  assessors  and  collectors,  powers  of 95,  99 

ADVERTISEMENTS 

of  appropriation  ordinances    77 

assessment   lists    89 

of  Board  of  Education's  accounts   431 

of  bogus  sales  prohibited  524 

of  impounded  animals    747 

of  names  of  delinquent  taxables   99 

of  proposals  for  contracts 179,  234,  437-438,  G13-614,  978 

of  proposals  respecting  garbage   139,  797,  801 

of  sale  of  property  by  Board  of  Health 140 

on  telegraph,  &c.,  poles,  prohibited 994 

ADVISORY  BOARD 

action  of,  not  binding  on  any  officer  or  department  of  City 105 

composition  of   30 

excei^tion,  as  to  settlement  of  disputes 105 

Mayor  to  preside  at    105 

member^  of,  may  speak  biit  not  vote  in  Council 105 

members  of,  not  to  receive  compensation 105 

secretary  of,  qualifications,  duty  and  salary 604-605 

AFRICAN  UNION  CHURCH 

burials  in  ground  of,  prohibited 520 

"AGENT  OR  PERSON  IN  CHARGE" 

definition  of,  as  regards  removal  of  snow  and  ice  from  sidewalk 

1019-1020 
ALLEYS  (See  Streets) 

ashes,  garbage,  &c.,  placed  in,  prohibited 766-767 

niiisances  in,  abatement  of 143 

paving  of,  by  Board  of  Health 780 

A]\IBULANCES 

penalty  for  interfering  with,  or  obstructing 986, 1023-1024 

right  of  way  of   986, 1024 


INDEX. 


1103 


A:MrSEMEXTS  (See  Shows) 

powers  of  Council  to  regulate 56, 522 

AXIilALS 

at  large  in  streets,  prohibited 745,  747 

dead  animals,  casting  of  into  streets,  prohibited 773 

driving,  &c.,  of,  on  grass  plots 995-996 

di-iving,  &c.,  of,  on  sidewalks,  prohibited 742-743 

driving  of,  at  an  immoderate  gait 745 

dumb,  what  term  includes 972 

fee  for  impounding  747 

impounding  of  animals  at  large 747 

notice  to  owner  of 747 

penalties  for  cruelty  to 971 

in  public  parks,  regulations   of 1095, 1096 

racing  of,  in  streets,  prohibited 748 

reclaiming  impounded  animals    747-748 

regulations  for  slaughtering  and  sale  of  meat  of 805-808 

sale  of,  by  dog  catcher 748 

shooting  of,  unlawful  in  public  parks 1095 

APPEALS 

to  Advisory  Board   105 

to  Board  of  Assessment,  Revision  and  Appeals 89-90,  488 

from  Building  Inspector 840-841 

to  Finance  Committee  as  to  taxes  on  horses 930 

from  ]\Iunicipal  Coiu't,  when  and  how  allowed 48,  49 

from  surveyors  and  regulators  to  Council 133 

APPLICATIOX  TO  OPEX  AXD  EXCAVATE  STREETS 

how  to  be  made  to  Street  and  Sewer  Department 1047-1048 

APPROPRIATIOXS 

accounts  of,  by  whom  kept 566-567 

for  Cliristiana  River  (improvement  of) 204 

by  Council,  expenditures  not  to  exceed  head  or  item 75 

by  Council,  to  certain  departments,  when  made 59,  60 

for  current  expenses,  how  made 75 

for  extraordinary  occasions,  how  made 75 

extraordinary,  when  and  how  paid 76 

ordinances  making,  to  be  published 77 

ordinance  making  appropriations  for  1909-1910 989 

to  Board  of  Education    59,  434-435,  437 

to  Board  of  Health    59 

to  fire  companies,  deductions  from  as  penalties 042 


1104  INDEX. 

APPROPRIATIONS—  { Continued) 

to  Militia  of  State  548 

to  Park   Commissioners    59, 170 

to  Police   Commissioners    59 

to  Police  Pension  Fund 219 

to  Sinking  Fund  Commissioners    455 

to  Street  and  Sewer  Department 59, 231-232 

to  Water  Department 59 

to  Wilmington  Institute   (Free  Library) 525,  526,  527,  985 

transfer  of,  how  made   75 

AREAWAYS 

on  Gilpin  avenue,  regulations  of 256 

unlawful  on  sidewalks    ; 1016 

ARMORY 

lease  of  land  for  erection  of 924-925 

ARRESTS 

for  taxes,  by  assessors  and  collectors 99 

ASCENTS 

map  of  City  relating  to,  of  streets,  &c 129 

ordinance  relating  to,  of  streets    (ancient) 935 

of  streets  omitted  (See  Preface) 

ASHES 

of  crematory,  Council  disposed  of 804 

in  what  to  be  placed 894,  998 

placing  of,  in  private  alleys 766 

in  streets   999 

by  whom  to  be  removed 225,  998 

not  to  be  mixed  with  rubbish 998 

thromng  of,   in   sewers,   prohibited 1053 

throwing  of,  in  streets,  a  nuisance 758 

ASIATIC  CHOLERA  (See  Contagious  Diseases) 

burial  of  bodies  of  persons  dying  from 785-786 

duty  of  physicians  to  report  cases  of 783 

ASSAULT  AND  BATTERY  (See  Municipal  Court) 

ASSES  (See  Horses) . 


INDEX. 


1105 


ASSESSMENTS  (See  Assessors  and  Collectors  of  Taxes) 

additional,  for  taxes   89,  »0,  91 

for  City  taxes,  how  made 88-91,  488 

election  expenses    :  ■  •  •  -406 

lists  of,  where  kept   89,  90 

warrants  upon    92 

corrected  lists  of.  to  whom  delivered 92 

inspection  of  lists  of 93 

laid  before  Council,  when  91,  488 

powers  and  duties  of  Board  of  Assessment,  &e.,  respecting.  .  .  .   81-92 
what  property   exempt   from,  for  taxes    (See  Exemptions  From 

Taxation)    83-84,  485-492 

what  property  subject  to,  for  taxes 83,  84-86 

of  benefits  for  opening  streets 112-118,  228 

of  cost  of  repairing  footways  . : 122,  123,  124 

of  cost  of  alteration  of  water  courses 137 

of  cost  of  paving  and  curbing   119 

recording  of  same  by  Auditor 120 

of  damages  and  benefits  to  land  taken  for  streets  and  sewers ...  228 

of  damages  for  taking  lands   for  parks 171 

of  damages  for  vacating  roads    HO 

of  damages  for  opening  streets   111-118 

of  cost  of  new  sewers 238-244 

for  school  taxes,  how   made ••  • 90-91 

for  sewers,  apportionment  of   239 

abatement  of    241-242 

collection  of   ^42 

lien  of    241 

rate   of    239-240 

of  corner  lots   ; 240 

what  land  exempt  from    243 

on  land  abutting  on  streams 243 

when  payable   241-242 

for  taxes,  wdien  to  be  completed 83,  89-90,  91 

of  taxes  on  horses,  how  made 103,  929 

marsh  lands   521 

ASSESSMENT  LISTS 

■    corrected,  by  whom  and  when  made 92 

of  horses,  appeals  from    . 930 

of  horses,  for  taxation   9-9 

public  notice  of  filing  of 89 

warrants   upon    92 

where  kept    89, 90 


1106  INDEX. 

ASSESSORS  AND  COLLECTORS 

to  advertise  lists  of  unpaid  taxes 99 

allowance  of  errors  due 83,  94 

appearance  of,  before  Committee  on  Finance 101 

a^ipointment  of   clerks  by 599 

may   arrest   delinquent   taxables 99 

duties   of  Auditor   respecting 569 

balances  due  from,  how  collected 101-102 

to  give  bills  and  receipts  for  taxes 93 

I^owers  of  Board  of  Assessment,  &c.,  respecting 81 

bonds   of    82, 102 

to  deliver  certain  certificates  to  City  Solicitor 98 

to  furnish  certificates  of  deposit 101 

to  make  corrected  assessment  lists 92 

City  officers    30 

clerks   of 82 

duties  of  Clerk  of  Council  resj^ecting 567 

how  to  collect  taxes 97-99 

to  assess  and  collect  taxes  on  horses,  &c.,  when 103,929-930 

when  to   complete   assessments 83,  89,  90,  91 

Council  may  enjoin  additional  duties  ujion 93-94 

may  examine  county  records 88 

death  or  removal  of 94-95 

where  and  when,  to  dejjosit,  and  hoAV  to  draw  out  monej's.  .  .986-987 
duties  as  to  making    lists    of    children    between  ages  of  seven 

and   fourteen    443 

duties  of,  as  to  rural  and  built-up  real  estate 488 

duties  of,  when  City  limits  extended :  21-27 

election  and  residence  qualifications  of 81-82 

extension  of  powers  of,  beyond  term  of  office 83 

powers  of  executors  and  administrators  of 94-95, 99 

may  examine  books  in  office  of  Chief  Engineer  of  Surveying  De- 
partment     105-100 

freehold  qualifications  of    82-83 

sale  by,  of  horses  for  unpaid  taxes 930-931 

liability  of,  for  collection  of  taxes 94 

oath   of    102 

payments  by,  of  taxes  collected 101 

receipts  to  be  given  by,  when  horse  tax  is  paid 930 

salaries  of    93, 102 

settlements  by 101 

substituted,  powers  and  duties  of 95 

to  keep  accounts  and  certain  books  of  tax  receipts 930 

vacancies  in  office  of,  to  be  filled  bv  the  Council 94-95 


INDEX.  1107 

ASSESSORS'  AND  COLLECTORS'  CLERKS 

appointment,  duties  and  salaries  of 82,  599 

may  be  removed  by  assessors  and  collectors 599 

ASSIGNATION  HOUSE  (See  House  of  Ill-Fame) 

keei^ing   of,   jn'ohibitod    536, 759 

ASSISTANT  CITY  SOLICITOR 

appointment  of,  by  City  Solicitor 66 

discharge  of,  by  City  Solicitor 66 

qualifications   of    603 

salary  of   06,  603 

salary  of  may  be  increased  by  the  Council 66 

ASSISTANT  CLERK  OF  STREET  AND  SEWER  DEPARTilENT 

salary  and  bond  of  1008 

ASSISTANT  ENGINEERS  AND  SUR^rEYORS 

(See  Surveyors  and  Regulators) 

duties  of.  as  to  registration  of  real  estate 106 

duties  of,  general   621 

election  and  terms  of 618 

oaths  and  bonds   of 618 

salaries  of   608-609,618 

ASSISTANT  ENGINEERS  IN  CHARGE  OF  SEWERS 
(See  Engineers  in  Charge  of  Sewers) 

ASSISTANT  ENGINEERS  OF  FIRE  DEPARTMENT 

duties  of    630 

election  of   .' 158-159 

qualifications  and  salaries  of 630,  644 

removal   of    631 

ASSOCIATE  JUDGE  OF  NEW  CASTLE  COUNTY 

to  appoint  commissioners  to  open  streets 112-115 

■     to  appoint  Deputy  City  Judge  for  INIunicipal  Court 39 

ATTORNEY  GENERAL 

in  person,  or  by  deputy,  may  prosecute  in  Municijial  Court 46 

to  be  notified  of  and  to  prosecute  without  delay  violations  of 

election  Acts 301,  336 

disputes  between  littoral  proprietors  settled  by 203 


1108  INDEX. 

AUCTIONS 

powers  of  Council  to  regulate  56,  535 

regulations  of  (See  Auctioneers) 954-957 

AUCTIONEERS 

auctioneers,  -who  are    955 

auction  house,  but  one  allowed  to 955 

Auditor,  duties  of,  respecting 570,  954 

Council  may  license,  tax  and  regulate 56,  535 

Council  may  regulate  (under  charter) 56 

fees   of   955,  956 

licenses  to,  by  Clerk  and  President  of  Council 954 

limit  of  time  to  paj^  over  proceeds  of-  sales  by 957 

penalty  for  sales  by,  without  license 956 

poAvers  of,  under  licenses   954 

refusals  by,  to  pay  over  proceeds  of  sales 957 

revocation  of  licenses   of 955 

term   of  license  of 954 

unlawful   fees  taken  by 957 

AUDITOR 

accounts,  bills  &c.,  duties  of.  as  to 

52,  56,  63,  65,  180,217,235.236,433-434.560,568,569,570,571, 
575,590,621,988,1079. 

appointment  of    64 

to  collect  fees  from  auctioneers 954 

duties  of,  as  to  auctioneers 570 

to  record  assessments  for  curbing  and  paving 120 

to  examine  accounts  of  certain  officers 570 

to  examine  accounts  of  collectors  of  taxes 569 

to  audit  accoimts  of  Street  and  Sewer  Depai-tment 236 

to  examine  bills  and  accoiuits  of  Water  Department 180 

bills  and  accounts    against    Board   of   Public    Educa- 
tion     433 

bills  against  the  City   570,  958 

to  apjDrove  bills  of  Police  Commissioners 217 

duties  of,  as  to  bills  and  orders  of  Street  and  Sewer  Department. 235 

duties  of,  as  to  bills  of  Water  Department 1079 

to  keep  certain  books 235 

bond  of    65,  569 

approved  by  Finance  Committee    65 

Building  Inspector  to  make  daily  and  monthly  reports  to 837 

a  City  officer 30 

approval  by,  of  statements  from  Clerk  of  ^Municipal  Court 52 

to  make  certain  collections   570 

to  countersign  warrants  of  Board  of  Public  Education 433,434 


INDEX.  1109 

AUDITOR— (Continued) 

to  countersign  warrants  of  Street  and  Sfnver  Department 235 

to  countersign  checlcs  and  drafts  of  Water  Department 180 

refusal  of,  to  countersign  orders 05 

duty  of  Auditor  when  overruled 05 

to  countersign   money  orders 03,  05, 575 

deposit  of  moneys  by   571 

duties  of,  in  general   65,  508-571 

duties  of,  as  to  certificates  of  City  debt 568 

duties  of,  as  to  inspection  of  oils 590 

to  examine  orders  on  and  accounts  of  Treasurer 569 

office  hoiu's  of   571 

private  business  not  to  be  transacted  during 571 

reports  of  engineers  and  surveyors  to 621 

salary  of   08,  571,  608 

statement  of  receipts  by 570 

to  make  and  deliver  statement  to  Clerk  of  Council 988 

penalty  for  failiu'e  to  make  such  statement 9SS 

term  of  ofiice  of    04 

warrants  for  witness  fees  in  Municipal  Court  to  be  approved  by .  .   50 

AUDITOR'S  CLERIv 

appointment,  term  and  duties  of 64 

bond  of   572 

may  be  discharged  by  City  Auditor 04 

powers  and  duties  of,  may  be  increased  by  Council 64 

salary  of    64,  571-572,  008 

salary  of,  may  be  increased  by  the  Coimcil 04-65 

auto:mobiles 

(See  Motor  Vehicles)    554 

AWXIXGS 

obstructions  to  public  lamps  by,  prohibited 908 

regulations   concerning    700 

side  awnings  prohibited    1015-1010 

ATE  AND  XAY  VOTE  (See  Votes)   54,  57.  05,  70,  77.  614 


B 

BADGES 

of  firemen,  and  regulations  of 030,  631,  036 

of  police,  xuilawful  use  of 211 


1110  INDEX. 

BAIL  (See  Bail  Bonds) 

who  may  take  ' 39-40, 164 

BAIL  BONDS  (See  BaH) 

endorsements  on 45 

to  whom  forwarded   45 

BAILIFF  OF  COUNCIL 

care  of  City  Hall  by 577 

duties  of    577-578 

election  of  157, 577 

office  hours  of   577 

salary  of   158,  578,  608 

term  of  olfice  of   157,  577 

BALCONIES 

regulation  of  the  projection  of,  into  streets 859, 1013-1015 

BALL 

throwing,  or  playing  of,  in  streets,  prohibited 753 

BALLAST 

discharging  of,  into  creeks,  prohibited 916 

BALTIMORE  AND  PHILADELPHIA  R.  R.  COMPANY 

certain  streets  vacated  for 266 

construction  of  overhead,  bridges  by 510 

BANCROFT'S  ROAD 

part  of,  to  be  vacated  when   270 

BANKRUPT  SALES 

(See  Bogus  Sales)    524 

BARBERS 

not  to  have  more  than  one  apprentice 543 

to  post  card  showing  right  to  act  as 544 

not  to  follow  occupation  without  certificate 544 

definition  of    544 

penalty  for  violating  provisions  of  act  relating  to 544 

registration  and  annual  fee  of 542 

to  register  with  Board  of  Barber  Examiners 542 

rw3t  to  keep  shop  open  on  Sunday 540 

penalty  for  keeping  open  on  Sunday  by 540 


INDEX.  1111 

BARBER  EXAMINERS   (Board  of) 

how  appointed  and  of  whom  composed 540 

each  member  of,  to  give  bond 541 

to  furnish  certificate  of  registration 543 

compensation   of    543 

organization,  rules,  reguhitions  and  ])owers  of .541 

terms  of  office   540 

vacancies  in,  how  filled   540 

BARK  (See  Corders  and  Measurers  of  Wood  and  Bark) 

measurers   of    584,  585 

powers  of  Council  to  regulate  measurement,  &c.,  of 56 

regulations  of,  concerning   584, 585 

BATHING 

in  creeks  and  races,  prohibited 753 

proviso  as  to  persons  properly  clothed 753 

BATH  HOUSES 

AVater  Department  may  construct,  when,  &c 183 

BAY  WINDOWS  (See  Windows) 

regulation  of,  on  Gilpin  avenue 256 

BEASTS  (See  Animals) 

BELLS 

on  locomotives,  to  be  rung 755 

BELL  MAN 

to  give  notice  of  sales  by  Dog  Catcher 747-748 

BENEFITS  TO  BE  ASSESSED  IN  OPENING  STREETS,  &c 115 

BENZINE  (See  Oils) 

BERRIES  (See  Fruit  and  Grain  Market) 

BICYCLES 

driving  on  grass  plots,  unlawful ; 995 

to  have  gong  or  bell 1022, 1023 

to  have  light  after  sundown 1022 

persons  riding,  to  keep  to  the  right 1023 

unlawful  to  ride,  on  sidewalks    (exception) 1023 


1112  INDEX. 

BICYCLES— (Continued) 

penalty  for  violating  ordinance  as  to 90G,  1022,  1023 

speed  of  1022 

BIDS  (See  Contracts) 

advertisements  for,  for  contracts  for  public  work G13-G14 

bonds  with,  by  whom  drawn 980 

to  be  accompanied  with  certain  bonds 979 

for  City  contracts    978 

for  collection,  &c.,  of  garbage 797,  801 

not  received  from  certain  persons , 979 

to  Board  of  Public  Education   437-438 

to  Street  and  Sewer  Department ■ 234 

to  Water  Department   179 

BILLS 

examination  of,  by  Auditor 570 

of  Board  of  Public  Education  433,  434 

against  City,  when  and  how  paid ; 957-958 

of  Police  Commissioners,  payment  of 216-217 

of  Police  Commissioners,  approval   of 215 

of  Street  and  Sewer  Department 235 

of  Water  Commissioners    180,  1079 

BILLIARD  TABLES 

Cily-  may  license   553 

BIRDS 

are  "dumb  animals''   972 

BIRTHS  (See  Registrar  of  Births,  &c.) 

record  of,  by  whom  and  how  kept 108-109 

rejwrt  of,  to  Registrar  of  Births,  &.Q 794 

BLIND  (Department  for) 

Council  to  make  annual  appropriation  for 985 

BLOCIvING  STREET  CARS 

unlawful  to  do  so  wilfully  or  luinecessarily 1027 

BOARD  OF  ASSESSMENT,  REVISION  AND  APPEALS 

to  hear  appeals  as  to  assessment  for  taxation 89-90,  488 

may  examine  jjlans,  books,  records,  &c 102 

to  classify  real  estate 487 


INDEX. 


1113 


BOAKl)  OF  ASSESSMENT,  REVISION'  AND   APPEALF^(Continue.l) 
•      to  certify  to  Council  the  value  of  built  up  and  rural  property.  .  .487 

to  lay  asses.sments  before  Council    '^^ 

may  adopt  rules  and  regulations ^^ 

maV  exercise  supervi.sorv  powers  over  the  assessors  and  collectors  81 

80  81 
composition  of    °"  ' 

powers  and  duties  of 8I,89,90,!.l 

salaries  of  members  of ^'''  ^'^*^ 

BOARD  OF  BARBER  EXAAIIXERS  (See  Barber  Examiners) 

BOARD  OF  DIRECTORS  OF  STREET  AND  SE^^•ER  DFPART.MENT 
(See  Street  and  Sewer  Department) 

BOARD  OF  HEALTH  (See  Nuisances) 

advertisements  for  collection  and  removal  of  garbage  to  be  made 

^^^  . 138-13!)J07,  801 

alleys,  yards,  &c.,  may  be  ordered  paved  by *^C 

appointment  by,  of  certain  officers '_' '_'_^ 

appointment  of  members  of,  by  the  Mayor 137,  i  lO 

appropriation  to,  by  Council J>-^ 

Board  of  Education  to  be  notified  by,  of  epidemic  diseases 783 

bond  of  garbage  collectors,  approved  by 138-139,  800 

building,  &c.,  may  be  entered  and  inspected  for  nuisances  by... 784 

certificates  as  to  privy  wells,  record  of  to  be  kept  by .^ 778 

Chief  Engineer  and  Surveyor,  a  member  of 1.S7-138,  7<  0 

Citv  Reaistrar  or  Registrar  of  Deaths  to  report  to <94 

composition  of   '  ' '  i\ 

contagious  diseases  may  be  quarantined ; '^-^ 

contracts  for  collection  and  disposal  of  garbage  to  be  awarded  by 

139,797,801 

crematory   under  charge  of 138-139,  803 

duties  of  as  to  collection  and  removal  of  garbage  by SOI 

epidemic  diseases  to  be  reported  to,  by  medical  attendants 783 

executive  officers  of.  powers  and  duties  of 

138, 770-771.  773,  770.  777.  80S 

executive  officers  of,  appointment   by 138,  7  <0.  / ,  1 

•       executive  officers  of,  salary  of (»9,  004,  G08.771 

expenses  of  abatements,  how  to  be  i)aid ^'■- 

garbage  may  be  collected  by,  upon  contractor's  failure  so  to  do.  .799 

hog  pens,  powers  and  duties  of,  respecting "*^ 

hospitals,  may  be  established  by,  when 77!»,  780 

inspector  of  meats  to  obey  and  report  to !^07 

infected  vessels  may  be  ordered  removed  by 780,  81- 

licenses  to  excavators,  to  be  granted  by "'• 

liens  for  abating  nuisances   ^'^'-^ 


1114  INDEX. 

BOARD  OF  HEALTH  (See  Nuisances)— (Continued) 

malignant  diseases  and  powers  and  duties  of,  as  to 779 

night  soil,  powers  of,  as  to  deposit  of 779 

notices  by,  for  abatement  of  nuisances 771 

nuisances  in  streets  may  be  abated  by 143 

nuisances,  powers  of,  respecting   139,  771 

offensive  matter,  power  of  any  member,  as  to  removal  of 773 

offensive  smells,  power  of  Mayor  and  Council,  as  to 772 

officers  of   137-138,  770-771 

orders  of,  may  be  enforced  by 139, 143 

penalty  for  not  complying  with  directions   of 784 

penalty  for  not  reporting  epidemic  diseases   783 

penalties  for  violation  of  quarantine  regulations 781,782,783 

penalty    for   neglect    of   executive    officers    to    inspect    slaughter 

houses   776 

permits  of,  to  cleanse  privy  wells  in  July  and  Augvist 788 

permits  of,  to  disinter  or  remove  dead  bodies 785,  792 

powers  of,  (general) 138-144,- 771 

premises  may  be  cleansed,  and  the  expense  thereof  collected  by.  .784 

privy  wells,  powers  of,  as  to 141,  (77 

quarantine  regulations  may  be  established  by 780-784 

removal  of  members  of,  by  the  Mayor 138 

salaries  of  members  of 69,  608,  770 

salary  of  secretary  of  60S,  771 

sewer  connections  may  be  compelled  by 142-143, 1049 

sick  may  be  removed  by 780 

slaughter  houses,  may  be  ordered  to  be  cleansed  by 775 

slaughter  houses  to  be  inspected  by  executive  officers  of 776 

streets,  alleys,  courts  and  yards,  not  owned  by  City  may  be  or- 
dered paved  by   780 

vacancies  in,  how  filled  138,  770 

vessels  that  have,  or  have  had,  contagious  diseases  on  board,  may 

be  removed  one  mile  from  City  limits 780 

warrants  to  enforce  entry  by,  to  abate  nuisances 785 

water  standing  in  cellar,  powers  and  duties  of,  as  to 773,  788 

water  in  cellar,  may  be  declared  a  nuisance  by 788 

weeds  must  be   removed   when  ordered   by,  penalty   for   not    so 
doing 786 

BOARD  OF  PARK  COMMISSIONERS  (See  Park  Commissioners) 

BOARD  OF  POLICE  COMMISSIONERS  (See  Police  Commissioners) 

BOARD  OF  PORT  WARDENS  (See  Port  Wardens) 

BOARD  OF  PUBLIC  EDUCATION  (See  Public  Schools) 


INDEX.  1115 

BOARD  OF  WATER  CO:\LMISSIONERS  (See  Water  Department) 

BOARD  OF  TRADE 

to  nominate  Port  Wardens 104 

« 

BOARD  WALKS 

duties  of  Building  Inspector  as  to  907 

to  be  laid  on  sidewalks,  when   1001-1002 

BOGUS  SALES 

of  clothing,  iS:c.,  prohibited 524 

BOARD  OF  TRUSTEES  OF  POLICE  PEXSIOX  FUXD 

Act  providing  for    216-220 

appropriation  to,  by  Council  219 

of  whom  composed   21S-219 

how  to  invest  pension  f vmd 220 

presiding  officer  of  Police  Dejjartment  to  be  president  of 219 

to  have  a  secretary 219 

BOMBS  OR  TORPEDOES 

unlawful  to  sell,  give  away  or  explode,  &c 964 

BONDS 

bail,  by  whom  taken  and  to  whom  forwarded 39,  45, 164 

of  Board  of  Education   467,  470.  684 

as  to  bonds  of  departments  of  the  City  and  officials   (See  Proper 
Titles) 

Board  of  Public  Education  work   438 

of  City,  exempt  from  taxation 104,  484 

City  ordinances,  relating  to 649-741 

committee  on,  duties  of 612 

of  contractors,  when  required,  for  city  work  in  general 97S.  979 

of  contractors,  by  whom  kept 9S0 

of  contractors, 'who  may  be  sureties  for 532.  980 

of  drain  layers   (master  plumbers)    1039 

■    endorsement  on  bail    45 

garbage    800 

issues  of,  to  pay  off  City  debt 4.54,  4.58,  461,  664.  666.  668,  676,  684 

members  of  Council  not  to  be  siu'eties  for  City  officials 607 

for  public  parks 

173,  464,  465. 468,  477. 653,  671 ,  678,  686,  692.  694.  701,  705.  713, 
714,718,732. 

rate  of  interest  on,  how  fixed 573 

schools    467 


1116  INDEX. 

BONDS— (Continued) 

sinking-  fund  act,  extension  of,  to 458,  4G1 

sewers 

469,  471,  477,  482,  669,  073,  080,  682,  088,  090.  696,  099,  710,  716, 
722, 726,  729,  739 

Solicitor,  duties  of,  respecting 573 

for  Street  and  Sewer  Department  work 234 

streets  (improvement  of) 

463,  466,  469,  477,  482,  657,  659,  062,  609,  673,  080,  082,  088,  090. 
096,  699,  710,  716,  722,  726,  729. 

surety  companies,  may  execute,  when 532 

Taylor  mortgage,  for  payment  of 470-471,  684 

water,  liow  issued  and  signed   (obselete) 181 

by  Water  Commissioners,  when  issued  (obselete) 181 

for  Water  Department  worl-c  179 

water  supply,  water  rights  and  reservoirs 

459,  462,  474,  479,  650,  651,  055.  703,  707,  719,  733 

BONFIRES 

making  of,  Avhen  prohibited 751 

BOOIvIvEEPER  AXD  ASSISTANT  CLERK 

offices  of,  in  Street  and  SeAver  Department  combined 1034 

BOOTHS  (See  Stands) 

BOROUGH  CHARTER 

appointment  of  Burgesses,  assistants  and  high  constable 7 

borough  of   Wihnington    (original) 5-14 

Burgesses   in  borough  have  powers   of  Justices   of  the  Peace   in 

county    10 

corjjorate  name  of  borough  under 7 

charter  construed  favorablj'  for  corporation  under 13 

corporate  powers  of  borough  under 7-8 

court  house,  power  to  erect  under 13 

election  of  Burgesses,  high  constable,  &c.,  under 8-10 

fairs  held  yearly  in  October  and  April,  under 11 

fairs  and  markets  selected  by  election,  under 11 

Governor  to  name  Burgesses  if  no  election,  under 9 

markets  held  weekly  on  Wednesday  and  Saturday,  under 11 

ordinances  passed  and  repealed  at  town  meetings,  under 12-13 

penalty  for  persons  elected  refusing  to  serve,  under 12 

powers  of  Burgesses,  under 7-13 

BOULEVARDS 

location,  course  and  direction  of 257 


INDEX.  1117 


BOUNDARIES 


of  City 17-28 

corporate  powers  in  extended 21-27 

extension   of    18-28 

daniiijies  not  allowed  in.  when 251 

powers  and  duties  of  Department  of  Election  in  case 

of 405 

new  election  districts  in  extension  of 405 

rate  of  taxation  in  extended 25-27 

BOWERS  STREET 

part   of,  vacated    lOGG 

B0WLIXC4  ALLEYS 

City   may   license    553 

BRAXDYWIXE  FIRE  C0:MPAXY 

location    of    629 

recognized  by  Council  as  part  of  Fire  Department 645 

BRAXDY^VIXE  PARK 

Park  Commissioners  authorized  to  purchase  lands  for 981,982 

BRAXDYWIXE  RIVER  (See  Rivers) 

contamination  of    980 

harbor  limits   in    185 

BREAD 

Council  may  regulate  weight  of .  .  .• 56 

BRICKS 

Council  may  regulate  size  of 56 

loose  in  sidewalks,  a  nuisance 1006, 1007 

BRICK  YARDS 

fences  around,  retiuired   "49 

BRIDGES 

acts  in  relation  to 510 

condemnation  of  land  for   512 

overhead   at   Fourth   street 511 

overhead  at  Lancaster  avenue 510 

to  be  built  subject  to  approval  of  Street  and  Sewer  Department 

510.511.512 


1118  INDEX. 

BROAD  STREET  (See  Seventh  Street) 

extension  of   941 

name  of,  changed  to  Seventh  street 941-942 

width  of   933-934 

BUIIxDIXG  INSPECTOR  (See  Building  Regulations) 

allowance  to,  of  certain  money  for  hire  of  horse  and  equipments.  .837 

appeals   from 840-841 

who  to  hear  840 

assistants  to 580 

board  walks,  duties  of,  as  to   907 

bond  of    836 

buildings-  may  be  entered  by,  in  discharge  of  his  duties 903 

buildings  to  be  inspected  by  837 

certificate  of,  as  to  buildings  used  for  moving  picture  shows.... 961 

cesspools,  duties  of,  as  to 778 

duties  of,  as  to  party  walls 847-848 

as  to  moving  picture  shows 961 

as  to  numbering  houses 289,  578, 583 

election  and  qualification  of 836 

examination  by,  of  buildings  to  be  altered 903 

fees  for  permits  to  be  returned  monthly  to  Treasurer  by 837 

fees  for  permits  granted  by   .' 839 

frame  shelter  sheds  may  be  permitted  by,  to  be  erected,  when.  .  .858 

general  duties   of    837 

member  of  Board  of  Assessment,  Revision  and  Appeals 81 

not  to  be  engaged  in  contract  work,  &c.,  while  holding  office.... 838 

numbering  of  houses,  duty  of,  as  to 578,  583 

oath  of  office  of 837 

party  walls,  duty  of,  as  to 847,  848 

penalty  for  refusing  to  comply  with  orders    of,    as    to    the    y>vo- 

visions  of  the  building  Act   904 

permits,  application  to,  for 156,  837-839 

permit  to  ^rect  or  repair  buildings  may  be  withheld  by.  until  all 

taxes  are  paid  156 

permits  granted  by,  AVhen  to  be  acted-  upon 839 

permits,  building,  &c.,  without  obtaining  from 838 

permits  not  to  be  granted  by,  for  erection  of  building  unless  street 

40  feet  wide,  &c 935 

plans,  specifications,  &c.,  to  be  filed  in  office  of 838 

reports  of  fees  to  be  made  to  Auditor  by 837 

salary  of    609,  837 

salary  of,  as   a   member  of   Board  of  Assessment,  Revision  and 

Appeals   .  . 69 

Street  Commissioner's  former  duties  as  to  numbering  houses,  now 

performed  by    581-582 


INDEX.  1119 

BUILDING  INSPECTOR  (See  Building  Regulations)  — (Ccntiiuu'd) 

temporary  wooden  sheds,  when  iilloAved  by 857 

wooden  buildings,  rebuilding  or  repairing  of.  when  may  be  done 

8()0,  903 
BUILDING  MATERIALS 

deposits  of,  in  streets,  when  allowed  1001 

danger  signals  on   1002,  1003, 1052 

encroachment   upon   adjoining   owner,   of   building   dejjosits,   not 

permitted 1001 

penalty  for  unlawful  dejMsits   of 1003 

permits  for  deposits  of,  in  streets 1001 

BUILDING  REGULATIONS  (See  Building  Inspector) 

arches  and  lintels,  how  to  be  constructed 856-857 

balconies    and    porches,    regulations    as    to.    (See  Balconies,   see 

Porches )   859 

bay,  oriel,  store  or  bulk  windows,  regulations  as  to    (See  Win- 
dows)     859 

board  walks,  &c.,  to  be  laid  on  sidewalk  when  pavement  taken 

up,  &c 90G,  907, 1001-1002 

brick  walls,  regulations,   as  to 846,  847 

buildings  of  first  class,  regulations,  as  to 872-875 

buildings  of  second  class,  regulations  as  to 875 

cellars  of  new  buildings  to  extend  the  length  of  whole  house.  . .  .850 

chimneys  and  flues  hereafter  erected,  how  to  be  built 851 

classification  of  buildings,  first  class  to  fourth  class 872-876 

concrete  mortar,  how  to  be  used  844 

cornices  (exterior)  and  gutters  to  be  of  fire  proof  materials 855 

deposits  of  building  material  in  street,  when  allowed,  (See  Build- 
ing JNIaterial)    1001 

division  walls  of  buildings,   (with  few  exceptions)   to  be  of  hard 

non-combustible  material   841 

doors  and  doorways  in  theatres  887 

exits  of  buildings  through  roofs 855 

in  public  buildings^   856 

fences  (wooden)  regulations,  as  to  (See  Fences) 859 

fire  escapes,  regulations  as  to  880 

tower  fire  escapes   879 

fire  places  and  hearths,  how  constructed 851 

floors  and  roof  si,  strength  of   800-861 

foundation  walls,  of  what  materials  to  be  built 843 

foundation  walls  of  buildings,   (excepting  wharves)   general  pro- 
visions, as  to   841-844 

frame  kitchens  may  be  erected  under  certain  conditions 858 

frame  shelter  sheds,  when  may  be  constructed 858 

furnaces,  boilers,  smoke  pipes,  regulationsi  as  to   852 


1120  INDEX. 

BUILDING  REGULATIONS  (See  Building  Inspector)— (Continued) 

height  of  stories  of  buildings,  reguhrtions  as  to 846 

hot  air  registers  and  flues,  regulations  as  to 853 

iron  or  steel  beams,  regulations  as  to 857 

lights  to  be  maintained,  and  "exits'"  to  be  placed  near  doorway 

in  theatres    888 

mansard  roofs,  regulations  as  to   860 

minimum   thickness   of  brick  walls   for  business,   manufacturing 

and  public  buildings  844-845 

private   dwellings    849 

minimum  thickness  of  walls  surrounding  stairs,  elevator  shafts, 

lire  escapes,   &c 845 

old  party  wall,  when  may  be  used  for  building  purposes 848 

ordinance,  relating  to    836-904 

jjainting  of  structural  metal  work,  when  and  how  to  be  done.  .  .  .871 

party  walls  of  stone,  thickness'  of,  (See  Party  Walls) 850 

party  walls,  and  duty  of  Building  Inspector  as  to 847,  848 

porches  and  balconies,  under   859 

penalty  for  violations  of  building  ordinance 904 

prosecutions  for  violations,  of  building  regulations,  to  be  before 

Judge  of  Municipal  Court   904 

recesses  in  walls,  regulations  as  to 849 

reinforced  concrete,   definition  of    895 

reinforced  concrete,  regulations  as  to  895,  902 

roof  covering,  material  to  be.  used  therefor  and  how  to  be  built.  .854 

seats  and  aisles  in  theatres 886 

school  buildings  hereafter  erected   881-882 

stairways  in  apartments '. 892 

stairways  in  factories  and  stores 856 

stairways  in  theatres   887,  888 

stairways  in  warehouses 876 

stone  walls  of  buildings,  requirements  as  to 843 

stove  pipes,  how  to  enter  flues 852 

strength  of  materials,  columns.  &c,  regulations,  as  to 861-871 

tenements  and  apartment  houses,  regulations  as  to 890-894 

definition    of     894-895 

theatres   and  places   of  public  amusement,  corridors,   e.xits.  bal- 
conies, staircases,  lights.  &c..  regulations  as  to 882-890 

water   closets,   hydrants   and    ash    receptacles    in    tenement    and 

apartment  houses   894 

windows  to  be  in  all  rooms  of  tenement  and  apartment  houses.  .893 

wood  girders,  joists.  &e.,  regulations  as  to 853 

wood  and  wooden  shingles,  Avhen  may  be  used 903 

wooden  sheds  of  a  teiuporary  character  may  be  used,  while  build- 
ing, with  consent  of  Building  Inspector  857,  858 


INDEX.  1121 

"BUILT-UP"  REAL  ESTATE 

how  assessed,  &c 487 

BULK  HEAD  LINES  OX  DELAWARE  RIVER 201 

littoral  proprietors  may  erect 202 

BULK  WINDOWS  (See  Windows) 

BURIALS  (See  Board  of  Health,  Dead  Bodies) 

African  Union  Church  not  to  be  used  for 520 

of  bodies  of  persons  dying  of  infectious  diseases 785-786,  792 

graves,  depth  of,  and  regulations  concerning 805 

permits  for,  by  whom  issued 109,  795 

BUSHEL 

Aveight  of,  in  sales  of  ice 953 

corn  meal    953 

BUSH  STREET 

part  of,  removed  from  plan  or  map  of  City 1003 

BUTTER  (See  Oleomargarine) 

inspection  and  seizure  of 825 

regulations  as  to  weight  of 825 

BUTTON A^OOD  STREET 

part  of,  removed  from  plan  or  map  of  City 1061 

part  of,  vacated    269 


c 

CANAL  STREET 

part  of,  vacated 1067 

CANCELLATION  OF  SEWER,  CURBING  AND  PAVING  LIENS.  . .  .240 

CAPTAINS  OF  POLICE  (See  Police  Force,  Policemen) 

number  of   209 

salaries  of    210 

CARCASS  OF  ANIMALS 

sheep  and  lambs,  when  unlawful  to  sell 164-165 


1122  INDEX. 

CARGO 

damaged,  view  of,  by  Port  Wardens 196 

CARRIAGES  (See  Carriage  Stands) 

regulations  for  drivers  of  746,  747 

on  sidewallvs,  prohibited    742-743,  995-996 

standing  of,  in  streets  prohibited 744 

CARRIAGE  STANDS 

at  P.,  W.  &  B.  R.  R.  Station .  .  ^953 

unlawful  occupation  of  street  for   953 

CARTS  (See  Carriages,  Wagons) 

CATTLE  (See  Animals,  Inspector  of  Meats) 

at  large  in  parks,  penalty  for 1096 

inspection   of    162 

diseased,  sale  of  prohibited   805-806 

CELLARS 

cesspools  in,  prohibited   786 

doors  to,  how  to  oe  constructed 938 

offensive,   prohibited    788 

removal  of  oyster  shells  from 770 

renters  of,  how  may  use  sidewalks   ' 824 

water  standing  in,   prohibited    773,  788 

CELLAR  DOORS  (See  Cellar  Ways) 

CELLAR  WAYS 

l^ower  of  Council   respecting 55-50 

on  sidewalks    938, 1017-1018 

unlawful  on  sidewalk   1010 

CEMETERIES 

exemption  of,  from   taxation 83 

permits  for  disinterments    785,  792 

regulation  of,  as  to  bodies  of  persons  dying  from  contagious  dis- 
eases    785,  786,  792 

CENTRE  STONES 

fixing  of,  in  streets Ill 

penalty  for  removal  of Ill,  622 

penalty  for  violation  of  regulations 951 

regulations  for   protection  of 951 


INDEX.  1123 


CERTIFICATES 


of  Building  Inspector   778 

of  Cliief  Engineer  and  Surveyor 108, 127,  022 

of  City  debt  by  City  Auditor 509 

of  Clerk  of  the  Market  150-151 

of-  collectors  of   taxes    09 

for  curbing  and  paving 120-127 

of  election,  to  and  by  whom  issued 159,  411.  412 

of  election   of   members   of   Board   of  Public    Education,   and  by 

whom  issued   430 

to  inspectors  of  elections   270 

as  to  number  of  votes  cast 409 

of  nominations   for  elections    371,  373,  402,  425 

of  organization  of  political  parties .370,  372,  402 

of  party  symbols    371,  373,  403 

of  poll   lists    410 

as  to  registration  of  voters 307,  300,  311,  322,  325 

CERTIFICATES  OF  IXDEBTEDNESS  (See  Bonds) 

registration  of,  by  Auditor   508 

CERTIORARI 

recognizance  to  be  given  in  proceedings  in 48 

writs  of,  to  the  Municipal  Court 48 

CESSPOOLS 

Brandywine   Creek,   not   to   have,   within   150   feet   of   it,   unless 

watertight    980 

Building  Inspector  to  perform  certain  duties  in  regard  to 778 

in  cellars,  prohibited   •.  .  .780 

clcasing  of,  when  full  and  offensive 777 

cleansing  of,  when  luilawf ul  without  permit 788 

connected  with  sewers,  how   1054 

contents  of,  running  into  street  prohibited 773 

when  unlawful  to  dig 127 

expense  of  cleansing,  to  be  paid  by  owner 7(7 

fees  for  permits  for  cleansing •. 788 

inspection  of  construction  of   778 

license  to  excavators  of   779 

oozing  of  contents  of,  prohibited 777,  788 

permits  for  connection  of,  with  sewers 1054 

removal  of  contents  from   779 

regulations  for  construction  of   777 

regulation  and  inspection  of  777,  778 

Street  and  Sewer  Department  may  regulate  and  inspect 155-150 


1124  INDEX. 

CHAIRMAN  OF  FIXA^X^E  C0:MMITTEE  (See  Committee  on  Finance) 

salary  of   608 

a  member  of  Board  of  Assessment,  &c 80, 141 

Park  Commissioners    168 

Trustees  of  Police  Pension  Fund 219 

Managers  of  free  library 525,  528 

receipt  from  City  Auditor  delivered  to,  by  City  Treasurer 575 

Treasiuer  delivered,  to  by  City  Auditor 571 

CHAIRMAN  OF  POLICE  COINIMITTEE 

to  be  a  member  of  Board  of  Trustees  of  Police  Pension  Fund.  . .  .219 

CHARTER 

Acts  supplementary  to   149-156 

of   borough    5-14 

of  City   17-146 

CHESTNUT  STREET  (Old)  (See  Tenth  Street) 

distance  of,  from  Elizabeth  street 942 

extension  of   , 941 

name  of,  changed  to  Tenth  street 941,  942 

title  of  ordinance,  ceding  part  of 942 

width  of   934 

CHIEF  ENGINEER  OF  FIRE  DEPARTMENT 

assistants  to,  their  salaries,  &c 159,  630,  631,  644 

decisions  of,  final   642 

election  and  term  of  otBce  of 159,  629 

hoi'se  and  carriage,  allowance  to,  for 044 

horse  and  wagon  to  be  provided  by  Council  for 643 

penalty  for  refusal  to  obey  commands  of 631 

powers  and  duties  of,  as  to  fires 629,  630 

qualifications  of   629 

refusal  of  fire  companies  to  respond  to  alarms  to  be  reported  by .  642 

removal  of,  by  Council 631 

reports  *by    630,  632 

responses  to  alarms  from  new  boxes,  companies  to  make,  desig- 
nated by    642 

rules  and  regulations  to  be  made  by 629 

salary  of   630,  644 

vacancy  in  ofiice  of,  filled  by  company 159-160 

CHIEF  ENGINEER  AND  SURVEYOR 

to   advise   City   officers 619 

a  member  of  Board  of  Health 137,  770 


INDEX.  1125 

CHIEF  ENGINEER  AND  SURVEYOR— (Continued) 

books  of  plans  of  City  as  to  real  estate  therein  to  be  made  by.  105,  G20 

said  books  to  be  kept  by 105-lOG,  620 

book  for  registration  of  deeds  to  be  kept  by 105,  020 

building  lines  to  be  marked  by 622 

to  certify  contracts    622 

conveyances  of  land  to  be  registered  by 106 

duties   of    105, 108,  187, 195,  230,  232,  289,  619-622 

election  and  term  of  office  of * 618 

curbing  and  paving  certificates  to  be  given  by 126 

custody  of  instruments,  plans,  records,  &c 231,  622 

fees   of    195,  622-624 

fees,  to  be  collected  and  accounted  for,  by 621 

fees  of,  for  giving  wharf  lines 195 

lands  contiguous  to  the  City,  duties  of,  as  to 250 

maps  for  election  districts  to  be  furnished  by 289 

maj)  of  City  to  be  made  by 620 

oath  and  bond  of   618 

a  member  of  Board  of  Park  Commissioners 168 

party   walls,  duties  of,  as  to 621 

paving  and  curbing  to  be  measured  by 119, 122 

plans,  surveys,  instruments,  records,  &c.,  duties  of,  as  to 

195,250,019,020 

plot  of  wharf  lines  to  be  filed  in  office  of 187, 195 

salary  of   69, 195,  608,  618 

Street  and  Sewer  Department,  duties  as  to 230 

Aiolations  of  law,  duty  of,  to  enforce 107 

water  fronts,  duties  of,  as  to  disputed 195 

wharf  lines  to  be  furnished  by 195 

records  in  Com't  House,  may  be  examined  by 105 

CHIEF  ENGINEER  OF  WATER  WORKS 

bond   of    1075 

detector  meter,  may  be  used  by,  to  find  leaks 1084 

duties  of,  relative  to  plans,  accoimts  and  contracts 1076 

duty  of,  as  to  damage  and  cost  of  renewals  or  repairs 1087 

general  duties  of   1075-1076 

fire  hydrants,  may  be  detached  l)y 1084 

■  pipes  to  be  examined  by 1080 

pi'emises  may  be  entered  by,  to  read  meter 1087 

repairs  to  be  made  by r 1076 

reports   of   .' 1076 

salary  of    1075 

term   of    1075 

waste  of  water  to  be  prevented  by 1080 

water  meters  may  be  attached  by 1085 

weekly  pay-rolls  to  be  made  by 1079 


1126  INDEX. 

CHIEF  OF  POLICE  (See  High  Constable,  Police  Force  and  Policemen) 

CHILDREN 

births  of.  to  be  reported  to  Registrar 109,  794 

CHIMNEYS 

Council  may  regulate  the  sweeping  of 56 

license  to  sweepers  of  • 626 

regulations  for  construction  of    851 

penalty  for  fires  breaking  out  in 625 

CHOLERA  (See  Board  of  Health,  Contagious  Diseases) 

CHRISTIANA  AVENUE 

A^acation  of  part  of    267 

CHRISTIANA  RIVER  (See  Rivers) 

appropriations  by  City  for 204 

certain  wharves  on,  exempt  from  leasing  regulations 1033 

bulkhead  lines  on   185, 188, 190 

harbor  lines  in 185 

regulations  as  to  speed  of  vessels  in 918 

CHRISTIANA  STREET  (See  Franklin  Street,  Old) 

CHRISTIVIAS  TREES 

penalty  for  using  streets  for  sale  of,  other  than  those  allowed.  .1013 
streets  allowed  to  be  used  for  sale  of 1013 

CHURCHES 

exemption  of,  from  taxation   83 

CHURCH  LANE 

near  Old  Swedes  Church,  width  of  sidewalks  on 1056 

CHURCH   STREET 

part  of,  removed  from  plan  or  map  of  City 1061 

part  of,  vacated   1060 

width  and  location  of   941 

CIRCUS  (See  Shows) 

license  fee  for   959 

unlawful  to  exhibit  without  a  license  for 751 


INDEX.  1127 

CITY  AUDITOR  (See  Auditor) 
CITY  BOUNDARIES  (See  Boundaries) 

CITY  CONSTABLES  (See  Constables,  Policemen) 

duties  of,  respecting  gunpowder    922, 923,  924 

duties  of,  respecting  tar,  pitch,  &c 967 

penalty  for  failure  of,  to  serve  process 44,  51 

powers  and  duties  of  67 

process  to  be  served  by 44,  51 

witness  fees  not  to  be  paid  to 50 

CITY  COUNCIL  (See  Council) 

CITY  CLERK  (See  Clerk  of  Council) 

CITY  CLOCK 

care   of    598-599 

regulator  of,  appointment  and  salary  of,  as  to 598-599 

regulator  of,  duties  as  to - 598-599 

CITY  DEBT  (See  Bonds) 

limitation  of  amount  of 77-78 

power  to  create   77 

publication  of  statement  of   74 

reduction  of    SO 

unlawful,  responsibility  of  members  of  Council  for 79 

CITY  HALL 

care  of,  by  Bauin  of  Council 157,  577-578 

money  may  be  borrowed  on  temporary  loan  in  case  of  injury  to.  .   80 

CITY  JUDGE  (See  Judge  of  Municipal  Court) 

assistant  to    39 

bonds  of  Directors  of   Street  and  Sewer  Department  to  be   ap- 
proved by    237 

bonds  of  Police  Commissioners  to  be  approved  by .206 

Clerk  of  ^Municipal  Court  to  be  appointed  by 47 

Deputy  Clerk,  when  may  be  appointed  by  clerk  under 39 

appointment  to  be  in  writing  and  approval  by.  ...   39 

appointment  to  be  filed  in  Court 39 

to  be  a  conservator  of  the  peace 51 

elections,  duties  of,  as  to. 410 

powers  and  fees  of 51 

process  issued  by,  how  executed 51 


1128  INDEX. 

CITY  JUDGE  (See  Judge  of  Municipal  Court)— (Continued) 

oath  of  office  of  City  officers  may  be  administered  by 32 

salary  of 68,  608 

seal  for  Municipal  Court  and  also  for  City  Judge  to  be  procured 

by   50 

term  of  office  of  and  qualifications  of 3G 

CITY  LBIITS'(See  Boundaries) 

CITY  MAP  129 

CITY  OFFICERS  (See  Respective  Titles) 

Acts  relating  to    157-167 

death,  removal  or  resignation  of 35 

eligible   to  re-election 31 

fees  or  emoluments  in  addition  to  salaries  not  to  be  received  by, 

when   ;    70 

moneys,  where  to  be  deposited,  and  how  to  be  drawn  out,  by 

63,  76,  575,  986-987 

names  of   30 

oath  of  office  of  •. 31 

ordinances  relating  to   565-609 

qualifications   of    31 

vacancies  by  death  or  otherwise  of 35 

as  to  appointees  of  Council 607 

vacancies  in  City  departments  (See  Respective  Titles) 

CITY  RECEPTACLES  FOR  WASTE  PAPER 

penalty  for  any  one  defacing  or  abusing 997 

CITY  REGISTRAR  (See  Registrar  of  Deaths,  &c.) 

CITY  SOLICITOR  (See  Solicitor) 

CITY  SURVEYORS  AND  REGULATORS 

(See  Chief  Engineer  and  Surveyor,  Surveyors  and  Regulators) 

CITY  TAXES  (See  Taxes) 

CITY  TREASURER  (See  Treasurer) 

CITY  WARRANTS  (See  Warrants) 

CLERGYMEN 

ineligible  to  City  office 31 

marriages  to  be  reported  by 109,  795 

names  and  residences  of,  to  be  reported  by 794 


INDEX. 


1129 


CLERKS  OF  ASSESSORS  AND  COLLECTORS 

(See  Assessors'  and  Collectors'  Clerks) 

CLERK  OF  CITY  AUDITOR  (See  Auditor's  Clerk) 

CLERIv  OF  COUNCIL 

accounts,  &c.,  duties  of,  as  to G3,  500,  oliT,  'u'h  015-G16 

appropriation  accounts,  duties  of,  as  to 56G 

appropriation  ordinances  to  be  published  by 77 

assessment  of  horses,  when  completed,  to  be  placed  in  office  of.  ..929 
assessment  list  and  warrants   to  be  delivered  to  assessors   and 

collectors,  by    "2 

assessments  for  opening  streets,  duties  of,  as  to 116 

auctioneers  to  receive  licenses  from  President  of  Council  and.  .  .  .954 

certificate  of  Fire  Department  election  delivered  to 159 

collectors'  duplicates,  &c.,  duties  of,  as  to 567 

copying  of  papers  by,  at  .01  per  line  of  12  words 566 

duty  of,  as  to  statements  made  by  Treasm'er  and  Auditor 988 

penalty  for  failure  of,  to  publish  statements 988 

elections,  duties  of,  as  to  409,  410 

election,  term  and  duties  of 157,  560,  568 

lien  book  to  be  kept  by 567 

money  orders  to  be  signed  by 63,  575 

oaths  of  meat  sellers  to  be  administered  and  recorded  by 153 

office  room  of    566 

official  bonds  and  oaths,  duties  of,  as  to 613 

pay-rolls,  duties  of,  as  to 615-616 

plan  of  market  spaces  filed  Avith 150 

publication  of  ordinances,  duties  of,  as  to 614 

public  notices  as  to  assessment  lists,  to  be  given  l)y 89 

records,  &c.,  to  be  kept  by 566 

resolutions  of  Council  to  be  recorded  by 568 

salary  of 68, 157-158,  568,  606,  608 

warrants  on  assessment  lists  to  be  written  and  signed  by 92 

CLERK  OF  iMARKET 

accounts  to  be  kei)t  and  submitted  to  Council  by 827-828 

•     accounts  of,  to  be  examined  by  Auditor 5(0 

affidavit  as  to  fees,  to  be  made  by 829 

bond  of    826-827 

butter  to  be  weighed  and  tested  by 825.  82/ 

butter,  when  to  be  condemned  by 825.  827 

certificates  for  market  spaces,  issued  by 150,  SIS.  819,  820,  1012 

compensation  of    158,  609,  829 

election  and  term  of  office  of 157,  816 

fe(?s  collected  by,  to  be  paid  over 828,  831 


1130  INDEX. 

CLERK  OF  :\IARKET— (Continued) 

fees  from  fruit  and  grain«  markets 821,  823,  834 

fees   respecting  vreights,  &c 816,  817 

fees  from  hucksters'  markets 821,  823 

ordinances  relating  to  booths  to  be  enforced  by 744 

pcAvers  and  duties  of,  in  general 827, 1012 

premature  fruit  to  be  prevented  by,  from  being  sold 808 

record  of  market  spaces  allotted,  to  be  kept  by 151 

to  be  regulator  of  AA'eights  and  measures 814,  S16 

riots,  &c.,  in  markets  to  be  suppressed  by 828 

•  salary  of   158,  609,  829 

to  be  sealer  of  weights  and  measures 157 

spaces  to  be  laid  off  and  allotted  by  Coimcil 150 

spaces  may  be  allotted  to  two  persons,  alternately,  by 830 

spaces  imoccupied  may  be  allotted  by,  when 831 

spaces,  plan  of,   to  be  furnished  by   Street  and   Sewer  Depart- 
ment to  (See  150) 828 

standards  of  weights  and  measures,  to  be  kept  in  the  custody  of.  .814 

stub  book  receipts,  duties  of ,  as  to 828 

weights,  &c.,  when  condemned  by 815 

Aveights  and  measures,  to  be  tested  and  sealed  by 814,  815 

Avharf,  market  shed,  duties  of,  as  to 831 

CLERK  OF  :ML'XICIPAL  COURT 

absence  of,  who  to  act  as 39, 163-164 

accounts  to  City  Auditor  to  be  rendered  by 570 

appointed,  by  whom    47 

bail  may  be  taken,  warrants  issued  and  oaths  administered  by 

House  Sergeant  in  absence  of 163-164 

bond   of    47 

bond  must  be  given  by,  or  City  Judge  may  make  new  appoint- 
ment of    47 

coiu-t  may  be  opened  and  adjoiu'ned  by,  in  absence  of  Cit}'  Judge.   40 

duties  and  powers  of  39,  47 

fines,  &c.,  received  by,  duties  of,  as  to 52 

records,  duty  of,  as  to  39,  47 

records  to  be  transmitted  by 49 

salary  of   60,  69,  606,  608 

suspension  of  policemen  to  be  certified  by,  to  City  Auditor  and 

City   Treasurer    44 

witness  fees,  paid  by  City  Treasurer  on  warrants  of 50 

CLERK  OF  TREASURER  (See  Treasurer's  Clerk) 

CLOCJv  (See  City  Clock) 


INDEX.  1131 


COAL 


to  be  delivered  in  bags,  <S:c.,  on  streets  with  car  tracks  on 1028 

on  sidewalks,  prohibited  743 

weights  of,  niajn  be  regnlated  by  Council 56 

COASTING 

on  sidewalks,  prohibited 1 020 

on  streets,  prohibited    1020 

COLLECTOR  OF  TAXES  (See  Assessors  and  Collectors) 

COLORED  CHILDREN 

separate  schools  for   4ol -432 

COAIMISSIONERS  OF  SINKING  FUND 

(See  Sinking  Fund  Commissioners) 

COMMISSION  TO  CONDEMN  LAND 

death  and  vacancies  in  niembershij)  of,  how  tilled 503,507 

for  parks    171 

for  sewers    137,  224,  228 

for  streets 111-117 

unlawful  for,  to  award  damages,  when 253 

for  street  railways 400,  501-502,  506 

for  turnpikes    118 

COMMISSION  OF  REVIEW 

as  to  streets    112.  117 

COMMITTEES  OF  COUNCIL 

.     appointment  of    53,  54,  007,  610-015 

bills  against  City,  duties  of,  as  to 958 

on  bonds,  duties  of 612 

entitled  to  legal  opinion  of  City  Sblicitor,  when 573 

estimates -of  cost  of  work,  to  be  reported  by 607 

on  finance  (See  Committee  on  Finance) 

■     fire  comijanies    610 

law,  legislation    614 

police 611 

printing,  duties  of   613 

public  buildings  (See  Committee  on  Public  Buildings) 

public  lamps   611 

salaries  of   608-609 

standing,  ordinances  creating   610-615 

vacancies  in,  by  death  or  otherwise 53,  54,  607 


1132  INDEX. 

COMMITTEE  OX  FINANCE 

accounts  of  City  Auditor  to  be  examined  by 570 

allowance  by,  of  errors  to  assessors  and  collectors 83,  101 

appeals  to,  respecting  assessments  of  horses 930 

•  appointment  and  duties  of    610 

assessors!  and  collectors  to  appear  before 101 

Auditor's  bond  to  be  approved  by  65 

Building  Inspector's  bond  to  be  approved  by 836 

certificates  to  be  given  by,  to  assessors  and  collectors  on  settle- 
ment with    101 

chairman  of,  a  member  of  Board  of  Assessment,  &c 80-81 

chairman  of,  a  member  of  Park  Commissioners 168 

chairman  of,  a  manager  of  free  library 525 

extraordinary  appropriations  to  be  ajjproved  by 75 

pay  of  chairman  of 69,  608 

pay-rolls,  duties  of,  respecting 616 

sinking  fund,  duties  of,  as  to 455 

COMMITTEE  OX  FIRE  COMPANIES 

appointment  of    610 

engine  houses  to  be  visited  by 610 

fire  alarm  keys,  duties  of,  as  to 633 

firemen's  badges  to  be  distributed  by 636 

Fire  Department  to  be  inspected  by 034 

rej^orts  to    , 632 

COM]VIITTEE  OX  PUBLIC  BUILDIXGS 

appeals  from  Building  Inspector  to 840 

decision  final  if  not  appealed  from 841 

appointment  of,  by  Council   611 

bond  of  Clerk  of  Market  to  be  approved  by 826 

duties  of,  as  to  leasing  wharves 919 

lease  of  certain  land  for  armory,  to  be  made  by .  .924 

moving  picture  shows,  rules   and  regulations    as    to,    made    bj' 

Building  Inspector  and   961 

number  and  duties  of  - 611 

salary  of  chairman  of 608 

COXCERT  SALOOXS  (.See  Shows) 

license  fee  for    522,  959 

CONCORD  PIKE  OR  ELLIOTT  AVEXUE 

name  of,  changed  to  Concord  avenue 1058 


INDEX.  1133 


CONDEMNATION 


of  certain  land,  damages  not  allowed,  when 25S 

of  land  for  an  overhead  bridge 512 

of  land   to   imiirove   navigation 197 

of  land  for  parks   171 

of  turnpike    road    118 

of  sewers   233 

of  land  for  streets   111-1  IS,  228 

of  property  for  streets  and  sewers    228 

of  land  for   street   railways    496,  501,  506 

of  land  for  enlarging  water  supply   522 

CONSTABLES 

aid  to  Clerk  of  Market  by,  when 828 

dismissal  or  suspension  of   44,  209,  212,  548 

officers  of  Board  of  Health   770 

powers,  duties  and  liabilities  of  .67,  211-215,  298,  317,  037,  962,  964,  967 

duties  of,  at  elections   211,  298 

may  impound  horses  hitched  to  trees   969 

to  serve  process    44, 317 

regulations  of,  penalty  for  violation   208,  209,  215 

special,  appointment  of    67 

CONSTITUTION  OF  DELAWARE 

to  be  taught  and  explained  in  public  schools 450 

City  officers  required  to  take  oath  to  support  the 31 

by  whom  oath,  may  be  administered 32 

oath  for  "public  officers"  under  Art.  XIV  of  the  (See  Annotations 
on  pp.  31,  32,  38,  62,  227,  398) 
form  of,  see  Ai't.  XIV  of  the 

CONSTRUCTION  OF  CHARTER 

to  be  favorable  to  corporation 13.  146 

CONTAGIOUS  DISEASES     (See  Board  of  Health) 

burial  of  persons-,  dying  of   785-786 

powers  of  Board  of  Health,  respecting   779 

■    duties  of  Secretary  of  Board  of  Health  and  Secretary  of  Board 

of  Public  Education  in  case  of 783 

C0NTA:\1INATI0N  of  BRA^'DYWINE  creek   980 

CONTESTED  ELECTIONS,  RELATING  TO  CITY 

provisions  respecting   413-414 


1134  INDEX. 

COXTIGUOUS  LANDS 

Chief  Engineer  and  Surveyor,  duties,  of,  respecting 252 

damages   not  allowed   for   eertaiiij    when    brought    within   City 

limits  by  extension  of  boundaries   253 

filing  a  plot  of  250-251 

how  laid  out  in  blocks.  &c 250 

owners  of,  may  lay  out  streets  and  fix  grades  in 250,  253 

Recorder  of  Deeds  to  record  plots  of 252 

Street  and  Sewer  Department,  duties  of,  respecting 251,254 

CONTINGEXT  FUXD 

■for  police  purposes   216 

COXTRACTS  (See  Advertisements,  Bids) 

advertisements  for  proposals  for,  by  Printing  Committee 613 

of  Board  of  Public  Education 437-438 

bonds  with  bids  for  979 

as  to  City  employees,  not  to  include  certain  officers 548 

City  work,  proposals  for  (generally) 978 

City  Solicitor's  duty,  respecting   573 

Council  to  make,  with  fire  companies   553 

engineers,  duties  of,  respecting   622 

lowest  bidders,  to  receive,  for  City  work  (See  Lowest  Bidder).  .  .978 

penalty  for  evasion  of  certain  provisions  as  to 547 

public  work  in  relation  to  certain 546 

security  for  performance  of   979 

Spruce  street  contract,  respecting,  with  P.,  W.  &  B.  R.  R.  Co.  . .  .257 

of  Street  and  Sewer  Department 234 

void,  when  to  be 547 

wages  of  City  employees  under  certain -.547 

of  Water  Department   179 

OONVEYAXCES 

of  real  estate,  registration  of  105,  620 

CORDERS  AND  IMEASURERS  OF  WOOD  AND  BARK 

appointment  of    585 

duties  of    584,  586 

fees  of    584 

CORNER  LOTS 

assessment  of,  for  sewers    240 

CORN  FODDER     (See  Hay) 

sales  of,  from  wagons  in  streets,  prohibited 1012 


,         INDEX.  1135 

CORN  IHEAL 

regulations  for  sale  of   953 

COR0XER 

to  report  deaths  witliin  City  limits  to  Registrar 109 

CORPORATE  XAilE  AND  PO^^'ERS  OF  CITY 28 

COSTS 

in  Municipal  Court  and  before  City  Judge 39.  45,  47,  50.  51 

COUNCIL 

accounts  of  Street  and  Sewer  Department  to  be  audited  by  com- 
mittee of   236 

appeals  from  Surveyors  and  regulators,  heard  by 133 

aijpointments  by  ^Maj'or  to  be  confirmed  by 36 

appointment  of  committees  by  53,  54,  007,  610-615 

ap2>ropriations  by  (See  Appropriations)    59 

appropriations  by,  expenditm'es  not  to  exceed  head  or  item 75 

extraordinary,  when  and  how  may  be  made  by.  .  .   75 

when  and  how  paid  76 

appropriations  for  improvement  of  navigation  by  (limited) .  .197-198 

assessments  laid  before,  when   91,  487 

assessors  and  collectors  in  case  of  tie  vote  to  be  elected  by 

82,  412-413 

assistant  to  Gas  Inspector  may  be  appointed  by 166 

auctioneers  may  be  licensed,  taxed  and  regulated  by 56,535,954 

auctioneers'  licenses  may  be  revoked  by 955 

Auditor's  veto  may  be  overruled  by 65 

aye  and  nay  vote  of,  when  to  be  taken 54,  57,  65,  76,  77 

Bailiff  of  Council  to  be  elected  by 157,  577 

bills  against  City,  duties  of,  as  to 957,  958 

bills  of  Police  Commissioners  to  be  paid  by 216-217 

bills,  powers  of,  as  to  certain  958 

births  of  children  to  be  sent  to  Registrar  by  such  person  as  may 

be  named  by    109 

Board  of  Education,    members    of,    cannot    be    members  of  the 

Board    427 

Board  of  Education  to  present  rej)ort  of  its  accounts  to,  when.  .  .433 
Board  of  Health  may  appoint  additional  officers,  with  approval 

of   771 

Board  of  Health  to  submit  certain  reports  to,  when 794 

Building  Inspector  to  be  appointed  by 836 

curb-stone  markets,  establishment  and  regulation  of ,  by ..  56, 149, 155 

curb-stone  markets,  spaces  in  to  be  allotted  by,  &c 150-151 

calamity  to  City  Hall  or  Water  Works  gives  power  to,  to  bor- 
row monev    80 


1136  INDEX. 

COUXCIL—  ( Coiitiimecl ) 

Chief  Engineer  of  Fire  Department  to  report  to 630,031,(332 

Chief  Engineer  and  assistants   of  Fire  Department  may  be  re- 
moved' by    '. . 631 

Chief  and  assistant  engineers  of  Fire  Department  may  be  pro- 
vided with  horse  and  wagon  by 043 

Chief  Engineer  and  assistant  engineers  to  be  allowed  a  certain 

monthly  allowance  by    644 

Chief  Engineer  and  Surveyor  to  advise   619 

chimney  sweepers  to  obtain  license  from 56,  626 

clerk  of  Council  and  assessors'  duties  may  be  enlarged  by 93-94 

clerk  of  Council  to  be  elected  by 157,-  566 

clerk  of  market  elected  by 157,  816 

committees  of  and  their  appointment 53,  54,  607,  610-615 

committees  of,  not  to  consider  bid  for  work  without  good  bond.  .979 

composition    of    30, 52 

contested  elections,  and  duties  of,  as  to  (See  p.  53)  413 

contracts  as  to  dogs,  and  powers  of,  in  regard  thereto 978 

corders  and  measurers  of  wood  and  bark  appointed  by 585 

ch-ainage,  powers  and  duties  of,  respecting   (obsolete) 136 

drains  may  be  emptied  into  rivers  by  authority  of  (obsolete) .  .  .  .193 

election  certificates  to  be  examined  by 412 

election   of  members  of    52, 405 

election  for  officers  to  be  appointed  by,  to  be  by  ballot 54 

Engineers  and  Surveyors  elected  by 618 

estimates  of  cost  of  work,  to  be  reported  to,  by  committees  of. .  .607 

estimates  of  revenue  and  expenses,  to  be  prepared  by 74 

exemptions  of  persons,  from  taxes  by,  not  allowed 103 

extraordinary   appropriations  may  be   met   by   money   borrowed 

from  bank,  by   76 

fences  around  holes,  may  be  required  by  two  members  of 749 

financial  statement  to  be  published  by 74 

Fire  Department  may  be  increased  by 629 

free  library  and  contract  entered  into  by,  for,  when 527 

funded    debt,    money    may    be    borrowed    in    excess    of,    by    the, 

when    77-78 

gunpowder  and  expenses  of  removal,  when  may  be  authorized  bj^  963 
Harbor  Commissioners  and  their  surveyors,  to  have  their  com- 
pensation fixed  by    187 

Harbor  Commissioners'  returns  to  be  filed  and  recorded  by 187 

harbor  landmarks  may  be  removed  by,  when 193 

Harbor  Master  elected  by   199,  917 

horse  tax,  manner  of  assessing,  &c.,  may  be  fixed  b}-.  . .  .103, 104,929 

Inspectors  and  ileasurers  of  Lumber,  elected  by 591 

Inspector  of  Meats  elected  by 163 

Iilspector  of  Oils,  elected  by . ! 157.  588 

investigation  of  City  afi'airs,  may  be  made  by 60-61 


INDEX.  1137 

COUNCIL— (Coiitinuod) 

judge  of  election  returns 53 

legislative  body  of  the  City 55 

liability  of  members  of,  for  illegal  debt 79 

Mayor  may  be  removed  by '^^ 

meetings    of "^"^ 

members  of,  when  and  how  elected 52,  405 

money  may  be  advanced  to  departments  by,  when CO 

moving  of  member  of,  from  wards 35,  405 

^Municipal  Court  expenses  of  a  certain  kind  to  be  paid  by 37 

Municipal  Court,  place  for  holding  of,  to  be  provided  by 37 

navigation  may  be  improved  by  borrowing  money  for  that  pur- 
pose, by   ^^° 

negotiable  bonds  may  be  issued  by,  when 78 

oaths,  when  administered  by  members  of 61 

offensive  trades  may  be  permitted  by  the  Mayor  and  Council.  .  .  .772 

otHcers  of,  chosen  by   53,  54,  607 

ordinances  of  City,  how  passed  by 54 

ordinaces  of  City,  how  repealed  by 54 


organization   of 


53 


Park  Commissioners  to-  report  to 173 

parks,  condemnation  and  purchase  of  lands  for,  by 171 

parks,  money  may  be  borrowed  for  purchase  of,  by 173 

police  pension  fund,  appropriation  to,  by 219 

public  jiarks,  powers  of,  as  to 169-170 

pay-roll,  duties  of,  as  to   615-616 

personal  liability  of  members  of,  when 79 

Police  Commissioners  may  be  removed  by 206 

police  force  may  be  increased  with  approval  of,  by  resolution.  .  .  .210 

Port  Wardens,  certain  expenses  of,  to  be  paid  by 198 

Port  Wardens  to  be  elected  by 193 

powers  of   (general) 53-61 

presidents  of  City  departments  are  ex-officio  members  of 105 

presidents  of  City  departments  may  speak,  but  not  vote,  in 105 

pumps  and  wells,  may  be  supervised  by  (obsolete) 133 

qualifications   of   members  of -^1 

qualifications  of  members  of,  the,  to  be  judge  of 53 

quorum   of    54 

■  railroad  companies  may  be  ordered  by,  to  put  gates  at  crossings. 923 

railway  tracks,  powers  of,  respecting   (obsolete) 131 

Registry  Clerk,  elected  by 601 

Registrar  of  Births,  Deaths  and  :\Iarriages,  may  be  removed  by..  108 

registration  of  births,  deaths,  &c.,  may  be  regulated  by 110 

reports  to,  by  City  Solicitor 574 

reports  to,  l)y  Auditor   509-570 

reports  to,  by  Clerk  of  Council   567 

reports  to,  by  Inspector  of  Oils 590 


1138  INDEX. 

COUNCIL— (Continued) 

reports  to,  by  Treasurer   576 

salary  of  Auditor's  clerk,  may  be  increased  by 64,  65 

salaries  of  all  officers  paid  by,  may  be  fixed  by 60 

salaries   of  committees  of 610-014 

salary  for  Deputy  City  Judge,  to  be  provided,  by 39 

salary  of  Harbor  Commissioner,  fixed  by 199 

salaries  of  members  of   68,  69,  608 

salary  of  Plumbing  Inspector  to  be  ajjproved  by 156 

salaries  of  police  force  may  be  increased,  with  approval  of 210 

salaries,  powers  of,  as  to  60,  69,  70 

salary  of  Treasurer's  clerk  may  be  increased  by 61 

seal  of  City  Judge,  may  be  changed,  and  cost  of  paid  by,  when.  .  50 

shows,  exliibitions,  &c.,  may  be  regulated  by 56,  522 

sidings  may  be  regulated  by   (obsolete) 132 

sinking  fund  commissioners,  elected  by 456 

sinking  fund  ordinances,  to  be  imssed  by 457 

special  election  for  approval  of  ordinance  to  borrow  money  by.  .77-78 

special  meetings  of    53 

standards  of  weights  and  measures,  to  be  provided  by 814 

statements  to,  by   Treasurer 63,  575,  576 

superintendent  of  crematory,  when  elected  by   (obsolete) 803 

su2:)erintendent  of  fire  alarm  system,  elected  by  (obsolete) 600 

sureties  on  municipal  official  bonds  must  not  be  members  of 607 

streets,  between  curbs,  may  be  paved  by  (obsolete) 119 

streets  may  be  extended,  widened  and  laid  out,  by  (obsolete) .  .  .111 
Street  and   Sewer  Directors   may  be   removed   by   INIayor,   with 

approval  of   227 

sureties  on  contractor's  bonds,  must  not  be  members  of 980 

surveyors  and  regulators,  appointed  by 133 

tax  rate,  fixed  by    90,  91,  92 

tax  rate  on  rural  and  built  up  property,  to  be  fixed  by 487 

terms  of  office,  of  members  of 52 

transfer  of  appropriation,  when  may  be  made  b}' 75 

underground  pipesi  and  wires,  powers  of,  respecting 130 

vacancies  in  office,  to  be  filled  by 35,  405,  412,  413,  607 

A'acancies  in  office  of  assessor  and  collector,  to  be  filled  by.... 94-95 

vaccine  physicians,  to  be  appointed  by   791 

vote  of,  to  borrow  money   77 

Water  Commissioners  may  be  removed,  with  the  approval  of. . .  .176 

water  course  may  be  altered  by  (obsolete) 137 

Wleigh  Masters  elected  by 586 

wharves  niaj'^  be  leased  by 128,  919, 1033 

wharf  lines  may  be  fixed  by  the  purchase  of  land  for  that  pur- 
pose, by   197 


INDEX.  1139 

COURT  OF  GENERAL  SESSIONS,  &c.,  OF  NEW  CASTLE  COUNTY 

vacating  of  roads  on  application  to 110 

COURTS,  YARDS  OR  ALLEYS 

may  be  ordered  paved  by  Board  of  Health 780 

COWS     (See  Animals,  Meats) 

CREEKS     (See  Rivers) 

CRE:^L1T0RY 

Board  of  Health  has  control  and  management  of 138-139,  804 

certain  duties  of  committee,  as  to   804 

garbage  and  waste  of  all  kinds,  may  be  taken  to 798,  804 

penalty. for  violating  provisions  of  ordinance,  relating  to 804 

CRUELTY  TO  ANIiLlLS 

penalties    for 9~1 

CURBING     (See  Curb  Stone) 

by  Avhom  may  be  done. 119-123,  1009 

liens  for  1^2,  1010 

liens  for,  may  be  cancelled,  when 246 

CURB  LINES 

how  obtained  and  fees  for  ' 622,  623,  1010 

CURB  STONE     (See  Curbing) 

cement,  concrete,  to  comprise  composition  of 1009,1011 

fixing   of    • 119,  122,  123,  1011 

rates  for,  may  be  liened  against  property 1010 

regulation  concerning  height  and  size  of 937-938,  1011 

CURB  STONE  MARKETS  (See  Markets,  Farmers'  and  Truckers' 
Market,  Hucksters'  Market,  New  Jersey  Market,  Fish  Market, 
Fruit  and  Gram  Market,  Market  Shed) 

Acts  relating  to 149-155 

Council  has  power  to  establish  and  regulate 149, 154 

for  farmers  and  truckers   149-150,  817,  832 

-       for  sale  of  fresh  fish   154,  823 

fruit,  vegetable  and  grain   .  '. 833 

fruit,  vegetable  and  produce    831 

for  hucksters    154,820,g33 

for  sale  of  products  of  New  Jersey 154,  819-820 


1140  INDEX. 

CURB  STOXE  IIARKETS  (See  Markets,  Farmers'  and  Truckers' 
Market,  Hucksters'  Market,  New  Jersey  Market,  Fish  Market, 
Fruit  and  Grain  Market,  Market  Shed) — (Continued) 

ordinances  and  resolutions   relating  to 814-835, 1012,  1013 

penalty  for  violation  of  Acts  relating  to 155 

sale  of  Christmas  trees   1013 


D 

"D" STREET 

part  of,  removed  from  \)\an  or  map  of  City 1063 

width  and  location  of 262 

DAjVIAGES 

assessment  of,  for  vacating  streets 110 

opening  streets    111-118 

opening  streets  when  not  allowed 113,  253 

taking  land  for  streets Ill 

from  holes,  excavations  and  obstructions,  who  liable  for 124 

from  overhead  bridge  at  Foiu-th  street 512 

for  altering  water  courses    137 

DANGER  SIGNALS 

building  material  in  streets  must  have 1002,  1003, 1052 

excavations  in  streets  and  sidewalks  must  have.  .949-950, 1002,  1052 

lighting  of 949-950, 1002 

penalty  for  not  maintaining 950, 1003 

Street  Commissioner's  duty,  as  to .950 

DAY  NURSERIES  FOR  BABIES 

property  of,  exempt  from  taxation 491 

DEAD  ANIMALS 

casting  of,  into  streets,  prohibited 773 

DEAD  BODIES 

burial  of,  of  persons  dying  from  contagious  diseases.  ..  .785-786,  792 

permits  for  disinterment  of 785,  792 

bringing  of,  into  City 785,  792 

burial  and  removal  of   109,  785-786,  795 

requirements  as  to  depth  of  graves  for 805 

DEATHS 

record  of  (See  Registrar  of  Deaths,  &c.) 108-109,  795 


INDEX.  11-il 

DEBT  (See  Bonds) 

of  City,  publication  of  statement  of 74 

of  City,  when  only  to  be  increased 77-78 

DEDICATIOX 

of  streets  contiguous  to  City,  how  made 250-251 

DEEDS 

acknowledgment  of  before  Judge  of  ^Municipal  Court 52 

Mayor   34 

to   City,  duty  of   Solicitor  respecting   572, 573 

registration    of    106 

of  purchasers  at  tax  sales   98 

for  street  beds  not  to  be  accepted  unless  street  be  grad^ed  and 
curbed  and  forty  feet  in  width 935, 1018 

DELAWARE  AVENUE     (See  Kennett  Road) 

buildings  on,  to  be  set  back  from  building  line 905 

frame  buildings  on.  prohibited    905 

sidewalks  of,  widened    905-906 

DELAWARE  FIRE  C0:MPANY 

authorized  to  sell  engine  and  purchase  truck,   (obsolete) 034 

location   of    ^'-^ 

DELAWARE  INDUSTRIAL  SCHOOL  FOR  GIRLS 

a  misdemeanor  to  aid  girls  to  escape  from 534 

DELAWARE  RIVER  (See  Rivers) 

wharves,  piers  and  bulkhead  lines  on 201 

DEPARTMENT  OF  ELECTIONS  (See  Elections  and  Titles  Therein 

Named)    32!)-;341 

appointment  of   members  of 329-330,  338,  339,  341 

appointment  of  registration   officers   fnun   City   Executive   Com- 
mittee's list  made  by   332 

appointment  of  all  registrars  made  by 275,  332,  333.  337 

.    Attorney  General  to  be  notified  of  violations  of  this  Act  by  301,330 

ballots  for  Board  of  Public  Education  election  prepared  by 425 

ballots  for  municipal  elections  prepared  by 402 

ballots  for  special  election  (Referendum)  prepared  by 416 

ballot   boxes   for   Board  of   Public   Education   election    furnished 

by    425 

ballot   boxes   for   municipal   election    (under   Sec.  8,   p.  401)    fur- 
nished by    ^^c-  32,-385 

ballot  boxes  special  election   (Referendum)    furnished  by 416 


1142  INDEX. 

DEPARTMENT  OF  ELECTIONS— (Contii)ued) 

Board  of  Public  Education  election 425,  427,  429 

appointment  of  inspectors  at,  made  by  Department,  when.. 427 

ballots   for,  prepared  by  Department 425 

ballot  boxes  for,  furnisbed  by  Department 425 

books  of  registered  voters  used  at  City  election  delivered  by 

Deiaartment  at  polling  places  for 429 

books,  after  election,  returned  to  Department 429 

certificates  of  nomination  for,  sent  to  Department 425 

books,  &c.,  for  registration  of  voters  furnished  by 273 

books  of  registered  voters  for  Board  of  Public  Education  election 

delivered  at  polling  places  by 429 

canvass  of  municipal  election  made  by 411 

certificates   of  nominations  for  Board  of  Public  Education   sent 

to   : 425 

certificate  of  nomination  for  municipal  election  filed  with 402 

form   of    402 

certificate  may  be  required  by,  if  in  doubt  as  to  bona  fide  party  402 

certificates  of  election  sent  to  successful  candidates  by 411 

form  of    412 

certificate  of  appointment  of  registrars  delivered  by 335 

form   of    335 

Clerk  of  Peace  to  deliver  to,  voting  books ^ind  registers,  when.  . .  .352 
to  give   receijit   to   Department   for  voting  books 

and  and  registers   355 

clerks,   &c.,  employed  by 274,  332,  401-402 

compensation    of,    amount 272.273,  331,  339,  399 

how   and   when   paid 336,  339,  399,  406 

device,  symbol,  and  name  of  party,  when  selected  by 404 

dispute  as  to,  decided  by 403 

division  of  City  into  election  districts  made  by 331,  351 

duties  and  powers  of,  in  general 273.  337,  369,  398 

election  and  registration  officers  appointed  and  removed  by 

274, 275,  331,  332,  333,  337,  348,  401 
extension  of  City  limits,  powers  and  duties  in,  of 405 

General  Election   368-397 

ballots  for,  to  be  delivered  to  election  officers  by  Department  377 

booths  for.  in  Wilmington,  furnished  by  Department 369 

duties  of  Department,  in  general,  as  to  337,  369 

room  for  holding,  in  Wilmington,  provided  by  Department 

377, 369 
ropes,  &c.,  to  be  used  at,  in  Wilmington,  furnished  by  De- 
partment     369 

A'oting  place  for,  in  Wilmington,  selected  by  Department  337,  369 
inspectors  for  Board  Public  Education  election  named  by,  when.  .427 
inspectors  for  Wilmington  appointed  by    348 


INDEX.  1143 

DEPARTJIENT  OF  ELECTIONS— iContimicd) 

jurisdiction  of    339 

lead  pencils  or  indelible  black  crayons  to  be  furnished  bv 395 

limit  of  expense  for  employees,  &c.,  and  how  paid 274.332.402 

members  of.  not  to  hold  other  office  at  same  time 330 

misconduct  generally  of  members,  penaltj-    .' 29G,  330 

Municipal  Election 

ballots  printed'  by  Department  for   , 402 

canvass  made  by  Department  of    411 

certificates  delivered  by  Department  to  successful  candidates 

at    411 

form   of    412 

certificate  demanded  by  Department  if  in  doubt  as  to  party 

at 402 

clerks,  &c..  employed  by   Department   for 401-402 

compensation  of  Department  for  holding 272,  273,  399,  406 

Department  vested  with  powers,  &c.,  of  Clerk  of  Peace  at. .  .401 
device,  symbol  and  name  of  party,  when  selected  by  Depart- 
ment  for    403-404 

duties  of  Department,  in  general  at    337, 398 

election   officers,   &c.,   appointed,    dismissed    and    substitutes 

named  by  Department  for  331,  337,  401 

extension  of  Citj*  limits,  powers  and  duties   of  Department 

as    to 405 

limit  of  expense  for   402 

removals  and  transfers  made  by  Department  for 400 

sittings  by  Department  to  make , 400 

revision  of  registration  for,  when  and  how  made  by  Depart- 
ment  400 

nominations  for  Board  Public  Education  election  certified  to.... 425 

niuuber  of  members  of   329,  338,  339 

oath,  or  affirmation,  of  members  of 330 

office  of,  and  how  expense  for  same  paid 336 

organization  of    331,  340 

penalty  for  general  misconduct  of   296 

penalty  for  neglect,   &c.,  of  Department  to  deliver  ''Voting- 
Books"  to  inspectors  of  primary  elections 359 

penalty  for  false  canvass,  &c 294-295 

place  for  holding  elections,  selected  by 273,  337 

Primary  Election    341-3G8 

ropes,  chains,  &c.,  to  be  furnislied  by  Department  for.  ..  .362-363 
voting  books  of  qualified  A-oters  furnished  by  Department  for.  349 

compared  and  corrected  by  Department  for 350 

ol)tained   by   Department   from   Clerk   of  Peace, 
wlien    3.52-353 


1144  INDEX. 

DEPARTMENT  OF  ELECTIONS— (Conthnied) 

qualifications  of  members  of   330 

quorum  for  transaction  of  business  by 340 

Referendum  election,  ballots  for,  prepared  by 416 

registrars  appointed,  dismissed  and  substitutes  named  by 

274.275,331-332,333,335,337,401 

Registration  of  Voters 272-328 

appointment  of  registrars,   registration   and  election  officers 

by  Department  for   275.  332,  333,  337 

Attorney  General  to  be  notified  by  Department  of  violations 

of  this  Act   301 

books,  oaths,  certificates,  &c.,  furnished  by  Department  for.  .273 

clerks,  &c.,  employed  by  Dejoartment  for 274 

limit  of  expense  for  274 

compensation  of  Department  for   272-273 

dismissal  of  officers   and  naming  of   substitutes   by  Depart- 
ment  for   274,  335,  337 

duties  of  Department,  in  general,  as  to 273,  337 

oaths  administered  by  .Department  to  officers  for 275 

by  Clerk  of  Peace  to  officers  for.  . .  1334,335 
officers  for,  examined  by  Department  as  to  qualifications.  .  .  .275 

penalty  for  false  canvfiss,  &c..  by  Department  of 294-295 

penalty  for  general  misconduct  of  Department  as  to 296 

warrants  of  Department  for  expenses  of 289 

ropes,  chains.  &c.,  for  general  elections  furnished  by 369 

extended  by  Sec.  38,  p.  387  to  municipal  elec- 
tions   369 

ropes,  chains,  &c.,  for  primary  elections  furnished  by 362-363 

I'ules  for  transaction  of  business,  &c.,  may  be  made  by 340 

successors   to,   how   appointed    330 

term  of  office  of  members  of   330.  339.  341 

vacancies  in  office  of  members  of,  how  filled 330 

vacancies  of  registration  and  election  officers  filled  by 

274, 275, 331, 332, 333, 337 
voting  books  of  registered  voters  for  Board  Public  Education  fur- 
nished  by    429 

voting  books  of  qualified  voters  for  municipal  elections   (not  pro- 
vided for)    Note  a,-429 

voting  books  of  qualified  voters  for  jtrimary  elections  furnished 

by    349 

said  books  to  be  compared  and  corrected  by  Department ...  350 
said   books   obtained   by  Department   from   Clerk   of   Peace, 

when   : 352 

said   books   redelivered    by   Department    to    Clerk    of   Peace, 
when    355 


INDEX.  1145 

DEPARTMENT   OF  ENGINEERING  AND  SURVEYING 
.  (See  Engineering  and  Surveying .  Department) 

DEPOSITS  OF  MONEY 

by  assessors  and  collectors  of  taxes  and  other  officers 986,987 

by  Citj'  Auditor 571 

by  City   Tieasurer    G3,  575 

by  Street  and   Sewer  Department 23G,  1004 

by  Water  Department    182 

DEPUTY  CLERK  OF  MUNICIPAL  COURT 

appointment  of,  to  be  in  writing   30 

bail  may  be  taken  by   39 

clerk  may  appoint,  when   39 

powers  of   39-40 

DEPUTY  CITY^  JUDGE 

appointment  of,  when  and  how  made 39 

compensation  of    39.  G04 

duties   of    39 

DETECTIVES 

appointment  and  term  of    160 

powers,  duties,  salaries  and  oath  of  office  of 161 

removal  of,  how  made    161-162 

DESCENTS 

map  of  City  relating  to,  of  streets,  &c 129 

ordinance  relating  to  streets   (ancient) 935 

of  streets,  omitted  (See  Preface) 

DICKINSON  STREET     (See  Twelfth  street) 

name  of,  changed  to  Twelfth  street   941,  942 

width   and  location   of 940 

DIPHTHERIA    (See  Contagious  Diseases) 
DIRT     (See  Ashes) 

DISEASES  (See  Contagious  Diseases,  Board  of  Health) 

powers  of  Council,   respecting    55 

DISORDERLY  CONDI'CT 

on   streets,  prohibited    7()2 


1146  INDEX. 

DISOEDEELY  HOUSES     (See  tippling  houses) 

definition  of 750 

keeping  of,  declared  a  nuisance 749-750 

leases  for,  void   537 

owner  of  who  permits  nuisance  after  notice,  liable 537 

penalty  for  keeping  of    53G.  749-750 

DISPOSAL  PLAXT     (Garbage) 

City  may  purchase,  when    802 

DISTPvAIXT     (See  Assessors  and  Collectors) 

for  taxes    97 

DISTEICTS 

City  divided  into  four,  by  Street  and  Sewer  Department .  .1033, 1034 

DOCKS     (See  Wharves) 

DOCK  STEEET     (See  West  Dock  Street) 

width  and  location  of   941 

vacation  of  part  of 2G4,  260 

DOCTOES     (See  Physicians) 


DOGS 


at  large  in  parks,  prohibited 1096 

barking  or  howling,  penalty  for  keeping   976 

Council's  powers  respecting  56 

fee  for  impounding    976 

female,  at  large,  when  unlawful 977 

impounding  and  killing  of    , 975 

Mayor  to  appoint  dog  catcher 975 

Mayor  may  make  contract  for  taking  up  unmuzzled 973,  977 

muzzling  of,  when  to  be  done 972 

penalty  for  removing  registration  tag  from -. 976 

penalty  for  not  registering    976 

property  in,  when  one  has 548, 975 

reclaiming  of  impounded,  seized  for  not  being  registered 976 

reclaiming  impounded,  seized  for  being  at  large  unmuzzled 973 

registration  of,  regulations  as  to 975-976 

removing  muzzle  from,  penalty  for 974 

right  to  seize  dogs  bitten  by  other  dogs 973 

unmuzzled,  at  large,  may  be  impounded 972-973 


INDEX.  1147 

DOG  CATCHER     (See  Animals) 

animals  at  large,  duties  of,  as  to 747,  743 

appointment  of,  by  the  Mayor   975 

fees  of    747^  748,  978 

general  duties   of 07;'5-97C) 

office  of,  to  be  abolislied,  when   978 

penalty  for  interfering  witli   977 

DOORS 

regulations  of  i^rojections  of,  into  streets 700,  938 

DOOR  STEPS 

penalty  for  spitting  or  placing  .filthy  matter  on 762 

regulations  of,  on  Gilpin  avenue 256 

part  of  Pennsylvania  avenue   1017 

regulation  for  erection  of    1017 

DRAINAGE 

poAvers  and  duties  of  Council,  respecting  (obsolete) 136 

Board  of  Health,  as  to   143 

powers  and  duties  of  Street  and  Sewer  Department  as  to 

156,  224,  238,  248 
of  water  on  another's  premises 774 

DRAIX  LAYERS 

(See  Plumbers  and  Plumbing  Rules  and  Regulations  Street 
and  Sewer  Department) 

DRIVERS 

prohibited  from  driving  at  an  immoderate  gait 745 

prohibited  from  racing  on  streets   748 

duties  of,  respecting  approach  of  fire  ap])aratus 635 

duties  of,  as  to  hose   628  636 

must  hold  reins,  or  be  near  teams 746 

must  observe  certain  space  between  teams 747 

to  keep  to  the  right  of  the  roadway 745 

DRIVING 

regulations  for,  on  streets   745,  746,  747,  748 

DUXCAX  AVENUE 

vacated    271 


1148  INDEX. 


DU  PONT  COMPANY 


City  authorized  to  iudenmify,  against  loss  for  use  of  land  near 
Rockf ord   Tower    545 


E 

"E" STREET 

part  of,  removed  from  plan  or  map  of  City. 10G3 

EIGHTH  STREET  PASSENGER  R.  R.  COMPANY 

Act   relating  to    504-508 

condemnation  of  land,  for  use  of 506 

motive  power  of   504 

to  pave  and  keep  in  repair  between  tracks  and  three  feet  on  each 

side    5O0 

penalty  for  damaging  property  of 508 

route  of   505 

Street  and  Sewer  Deiiartment  to  have  certain  powers  over 508 

streets  on  which  tracks  may  not  be  laid  by 508,  509 

track  to  be  used  by,  kind  of 505 

where  may  b^  built   505 

ELECTION  WARDS  AND  DISTRICTS 72-74,  331,  351 

ELECTIONS  (See  Registration  of  Voters,  Primary  Elections,  Depart- 
ment of  Elections,  General  Elections  and  Municipal  Elections) 

ELECTION  DISTRICTS  (See  Elections) 

ELECTRIC  LIGHT  POLES  (See  Poles) 

electric  light  companies  to  pay  tax  on  poles  and  wires  used  in 
streets    85 

ELEVENTH  STREET  (See  Elizabeth  Street) 

parts  of,  vacated  '.  .  264,  945 

extension  of   263 

ELIZABETH  STREET   (See  Eleventh  Street) 

distance  of,  from  Chestnut  street 942 

extension  of   941 

name  of,  changed  to  Eleventh  street 941,  942 

width  of    934 


INDEX.  1149 

ELLIOTT  AVENUE 

name  of.  changed  to  Concord  avenue 10.58 

e:mployee8  of  city 

contracts  involving,  Avlien  to  be  void 547 

not  to  work  over  eight  liours  on  contract  work .546 

wages  of,  On  pidjlic  work  547 

ENCROACHMENTS 

on  streets,  &c.,  prohibited   934 

ENGINEEEING  AND  SURVEYING  DEPARTMENT 

(See  Chief  Engineer  and  Surveyor,  Registration  of  Real  Estate) 

creation  and  reguhition  of ()17-()24 

duties  of,  as  to  registration  of  real  estate 105-106 

election,  terms  and  salaries  of  officers  of 608-609,  618 

fees   of    '. 622-624 

officers  of    617 

pay-roll  of   615,  616 

registry  clerk  of   601 

ENGINEERS  IN  CHARGE  OF  SE\^ERS 

election,  oaths,  terms,  salaries,  bonds  and  duties  of 1035 

EPIDEMIC  DISEASES  (See  Contagious  Diseases) 

ESTIMATES 

of  revenue  and  expenses   74 

EVIDENCE 

printed  copies  of  ordinances  and  resolutions  admissible 144 

EXCAVATIONS 

application  to  make,  how  made,  &c 1047,  104S.  1049 

barriers  to  be  placed  around 749.  101)2,  1003 

.    bonds  of  indemnity  for  (See  Indemnifying  Bonds  to  City) 

centre  stones  to  be  left  at  a  safe  distance  from 951 

danger  signals  at    949.  1002.  1003,  1052 

deposit  of  money  to  be  made  in  ease  of,  amount  of 1004-1005 

fences  to  be  placed  around  (See  Fences) 

for  gas   pipes  ■ 519-.520,  944 

master  plumbers  licensed  by  Street  and  Sewer  Department  only 

persons  allowed  to  make    \0\6 

exceptions ^  *^"^7 


1150  INDEX. 

EXCAVATIONS— (Continued) 

penalties  for  Anolations  of  regulations,  concerning 944 

I^ermits  for  making  (See  Permits) 1004,  1047, 1049 

re-filling  of    1004 

regulations  of,  in  sidewalks   944, 1006-1007, 1050-1051 

regulations  of,  in  streets 254,  944 

responsibility  for  damages  caused  by 124,  1004, 1039 

Street   Commissioner's   duties   respecting 944 

water   pipes    1004 

who  may  make    1040-1047 

EXCAVATORS  (See  Cesspools) 

of  cesspools,  licenses  'to 779 

EXECUTIVE  OFFICERS  OF  BOARD  OF  HEALTH 
(See  Board  of  Health) 

appointment   of    1.38,  770 

fruits  which  are  diseased  or  unripe,  sale  of,  must  not  be  allowed 

by    808 

notices  given  by,  in  certain  cases 773,  786 

powers  of    138,  770,  771,  773 

privy  well,  ordered  cleaned  by,  when 777 

salaries  of    604,  608,  771 

slaughter  houses  to  be  inspected  by 776 

EXEMPTIONS  (See  Exemptions  From  Taxation) 

EXEMPTIONS  FRO]\I  TAXATION 

Acts  relating  to 485-492 

of  cemeteries  and  churches 83 

of  certain  property -. 83 

of  City   bonds    ..! 104,  484 

Council  cannot  release  or  grant 103 

of  day  nurseries  for  babies   491 

of  fire  companies'  buildings    84 

of  homes  for  incurables   490 

of  homes  for  refvige  for  reformed  women 490 

of  marsh  and  meadow  land 488 

of  non-residents,  as  to  motor  vehicles 555  • 

of  park  lands    170 

of  property  vised  for  settlement  work 492 

of  public   school  houses    437,  486 

of  P.,  W.  &  B.  R.  R.  Co.'s  roadbed 523 

of  real  estate  of  the  State  of  Delaware 83 

of  real  estate  of  New  Castle  County  83 

of  real  estate  of  the  City  of  Wilmington 83 


INDEX.  1151 

EXEMPTIONS  FROM  TAXATION— (Continued) 

of  real  estate  of  the  United  States 83,  485-486 

from  sewer  assessments   243 

of  Wilmington   Institute 526 

of  Young  Women's  Christian  Association 491 

EXHIBITION  (See  Shows) 

EXPENDITURES  BY  COUNCIL 

not  to  exceed  head  or  item  of  appropriation 75 

EXPENSE  or  PERSONS  IN  CITY  CELLS 

by  whom  borne   71 

EXTENSION  OF  CITY  LIMITS  (See  Boundaries) 

new  election  districts   in 405 

new  streets  and  grades  in 250-252 

EXTRAORDINARY'  APPROPRIATIONS 

in  case  of  damage  to  City  Hall 80 

in  case  of  damage  to  water  works 80 

ordinance  for,  how  to  be  drawn,  endorsed,  passed 75 

when  lawful   75 

how  paid   76 


FAME  HOSE  FIRE  COMPANY  (See  Fire  Companies) 

location   of    629 

FARMERS'  AND  TRUCKERS'  MARIvET  (See  Curb  Stone  Markets) 

allotment  of  spaces  in    150, 151,  818,  819,  828,  830 

certificate  for  spaces  in   150, 1012 

Clerk   of   Market's   duties    in 151,  814-815 

■  establishment  of,  by  Council    149,  817 

fees  for  spaces  in   150-151,  828,  831 

limits   of    140,  817-818 

penalty  for  violations  of  law  respecting 155 

plans  of  spaces  in 150,  818,  819,  828 

regulations  of  sales  of  meat  in 152.  819 

what  may  be  sold  in    819 


1152  INDEX. 

FEDERAL  GOVERNMENT 

appropriation  by,  for  Christiana  River   204 

FEES 

of  assessors  and  collectors  for  tax  certificates 101 

of  auctioneers,  for  sales  bj-   954-956 

for  building  permits    G22,  837,  839 

for  cess  pools,  permits  for  cleansing   788 

of  chimney  sweepers^  626 

of  Chief  Engineer  and  Surveyor  for  wharf  lines 195 

of  City  Judge 51 

of  City  officers    70 

of  City  Solicitor   51-52 

of  Clerk  of  Council  for  making  copies 566 

of  Clerk  of  Market 151,  S16-S17,  828,  831 

of  corders  and  measurers  of  wood'  and  bark 584 

for  dogs,  when  reclaimed  976 

of  Dog  Catcher,  as  to  animals  at  large 747,  975 

of  engineers,  surveyors  and  regulators 195,252,  622-624 

for  ferrules,   (attachment  of)    1079, 1083 

for  fruit  and  grain  market    823 

for  geese,  when  re-claimed 747 

(as  to  fines,  see  745) 

for  hucksters'  stands   821 

for  Inspectors  and  Measurers  of  Lumber 591 

for  Inspector  of  Oils   589 

of  Judge  of  Municipal  Court   51-52 

for  licenses  for  shows   959-960 

for  market    spaces    150-151,  821,  823 

of  Plumbing  Inspector    592 

of  Recorder  of  Deeds    ' 105, 106,  252 

of  Regulator  of  Weights,   &c 816-817 

of  Registrar  of  Deaths,  &c 796 

of   Sewers    '^.iV(-240,  1038, 1048 

for  swine,   (when  impounded)    765 

of  streets  (opening  of)    1005 

of  Weigh  Master 586-587 

«     of  weights  and  measures,   (testing  of)    816 

of    witnesses     47.  50.  51 

FENCES  (See  Party  Walls) 

City  surveyors  and  regulators  to  regulate  partition 135 

cost  of,  may  be  recovered  in  Municipal  Court   135 

required  around  quarries,  brick  yards,  excavations,  &c.  749,  1002,  1003 
reiiulations  for  erection  of   859,  934 


INDEX.  1153 

FENDERS  AXD  ^^"HEEL  GUARDS 

street  railway  cars  must  be  equipped  witli 1024 

must  be  approved  by  Street  and  Sewer  Department 1025 

to  be  kept  in  good  repair 1026 

penalty  for  not  using,  &c 1025, 1026 

unlawful  to  operate  car,  miless  equipped  with 1026 

FERRULES 

detaching  of 1080 

fees   for  attaching    1083 

by  whom  attached   1083 

permits,  what  to  state 1080-1083 

may  be  detached  for  non-payment  of  water  rent 1082 

unlawful  attachment  of,  penalty  for 1079 

size  of,  to  be  not  less  than  %  in.  in  diameter 1085 

FIFTEENTH  STREET  (See  Stidham  Street) 

part  of,  vacated .264,  365,  948 

FIFTH  WARD 

limits  of,  extended   21,  28 

FINANCE  COM:\riTTEE  (See  Committee  on  Finance) 

FINANCIAL  STATEMENT 

publication   of    74,  614,  987 

FDsES 

how   collected    .• 51-52 

Law  and  Order  Society,  when  to  receive 535 

to  be  paid  over  to  Treasurer 144 

informers  to  receive  one-half  of  certain    963,  972,  976,  977 

FIRE  ALARMS  (See  Fires,  Fire  Alarm  System) 

false,  penalty  for  raising -626,  633 

racing  returning  from  fire,  or  false 626 

special    642 

system  of  responses  to   638,  641 

FIRE  ALARM  SYSTEM  (See  Fires,  Fire  Alarms) 

advertisements  posted  on,  prohibited   633,  994 

control   of    209 

penalty  for  damage  to    633 

regulations  of  iise  of  master  key  of 633 

resjjonses  to  alarms  to  new  boxes  of 642 

system   of    638-641 


1154  INDEX. 

FIRE  ARMS 

discharge  of,  prohibited   751,  90-1 

FIRE  COIMPAXIES 

(See  Fires,  Fire  Alarms,  Fire  Alarm  System,  Fire  Department) 

amount  of  money  to  be  paid  by  Council  to 554 

buildings  of,  exempt  from  taxation   84 

charges  by,  against  Chief  Engineer,  &c 628-629 

committee  on,  appointment,  number,  and  duty  of 610-611,  634 

Council's  committee  on  ■ 610 

duties  of  Chief  Engineer  and  assistants  as  to 029-630 

drivers  of  vehicles  as  to  635 

locomotive  engineers  as  to   636 

street  car  conductors  as  to   635 

duties  of,  when  out  of  service 631 

inspection   of 610 

minors  prohibited  from  running  with 627 

misconduct  and  suspension  of  631 

names  and  locations  of   628-629 

jjenalty  as  to  possession  of  fire  box  keys  without  permission.  ..  .633 

penalty  for  driving  over  hose  of 628,  636 

racing  of,  jirohibited   626 

refusal  by,  to  respond  to  alarms,  penalty  642 

regulations  of  assembling  of  members  of 626 

as  to  hose  of   632 

of  use  of  apparatus  by  626,  630,  631 

requirements  as  to  members,  &c.,  of 610-611 

semi-annual  tests  of    027 

system  of  responses  to  fire  alarms  by 638-042 

FIRE  CRACKERS  (See  Fireworks) 

prosecution  against  partnership  or  corporation   for   viohition  of 

ordinance  relating  to,  how  instituted 965 

selling,  giving  away  or  firing  off  of,  unlawful 751,964-965 

throwing  lighted,  at  persons,  animals,  car  or  house,  unlawful.  .  .  .965 

FIRE  DEPARTMENT  (See  Fires,  Fire  Alarm  System,  Fire  Companies) 

badges   of    030,  631,  636,  637 

control   of    629 

Council  may  make  contracts  with  fire  companies  of  the 553-554 

election  of  Chief  Engineer  and  assistants  of 158-159 

horse  and  wagon  to  be  provided  for  Chief  Engineer  and  assistants 

of   643 

how   increased    629 

increase  of 029,  637,  642,  644,  646 

monthlv  aUowance  to  be  made  to  Chief  Engineer  and  assistants 


INDEX.  1155 

FIRE  DEPART]\IEXT— (Continued) 

of,  for  boarding,  &c.,  of  horse  and  carriage   644 

salaries  of  Chief  and  assistant  engineers  of G44 

vacancies  in  office  of  Chief,  &c.,  tilled  by  companj' 159-160 

of  Avhat,  consists  628 

FIRE  ESCAPES   879-880 

FIRE  HYDRANTS 

care  and  control  of    ., 1075 

injuries  to,  penalty    1081 

penalty  for  obstructing  use  of 1084 

penalty  for  unlawful  use  of 1080-1081, 1084 

private,  regulations  for  use  of 1083 

FIRJES  (See  Fire  Alarms,  Fire  Department) 

b'ej'ond  City  limits   630 

in  chimneys    625 

false  alarms  of,  penalty  for  raising 626,  633 

duties  of  drivers,  as  to  apparatus  going  to 635 

street  car  conductors,  as  to  same 635 

firemen  and  policemen  at,  duties  of 630,  637 

hose  injm-ed  at,  penalty  for 628,  636 

locomotive  engineers,  duties  of,  diu'ing  certain 636 

ropes  at   030,  637 

racing   from    626 

in  streets,  prohibited  751 

FIREWORKS 

ordinances  relating  to 751,  964-965 

FIRST  ASSISTANT  ENGINEER  OF  SURVEYING  DEPARTMENT 

salary  of   602,  608 

FISCAL  CONCERNS 

provisions  of  law,  concerning   74-80 

FISCAL  YEAR 

beginning  of,  Wilmington    74 

of  Street  and  Sewer  Department,  termination  of 1071 

FISH  (See  Fish  Market,  Inspector  of  Meats) 

offal  or  filth  from,  not  to  be  thrown  into  gutters  or  streets 823 

unsound,  sale  of  prohibited  805 


1156  INDEX. 


FISH  MARIvET 


Council  may  establish  and  regulate 154 

location  and  regulations  of 823 

FLAG 

of  the  United  States  to  be  disjslayed  on  or  near  school  houses .  .  .  450 
of  foreign  country,  when  may  be  displayed  on  public  buildings.  .535 

FLAGS,  BAXXEES  AXD  BUXTIXG 

when  allowed  on  streets   761 

FLOATIXG  DEBT  (See  Bonds) 

FODDER  (See  Hay) 

sales  of.  from  wagons  in  streets,  prohibited 1012 

FOOD  (See  Fruit,  Meats) 

FOOD  ,\XIMALS  (See  Inspector  of  Meats) 

FOOTWAYS  (See  Sidewalks) 

FOREIGX  FLAG  (See  Flag) 

F0RE:\L\X  of  WATER  DEPARTMEXT 

appointment  and  duties  of    1077 

FORFEITURES 

to  be  paid  into  City  Treasury  (See  Fines)    144 

exceptions    535,  971 

FORTY-FOOT  STREET 

location   of    1057 

name  of,  changed  to  Douglas  street 1057 

FOUXDATIOXS 

regailations  for  building  of    841,  843 

FOUXTAIX^S 

informer  to  receive  certain  fines  as  to 971 

public,  penalty  for  injuring 970 

duties  of  irolice  as  to 971 


INDEX.  1157 

FOURTEENTH  STREET  (See  Washington  Street  "Old") 

part  of,  vacated   266 

part  of  West,  removed  from  plan  or  map  of  Citj- 1063 

FOURTH  STREET  (See  High  Street) 

leasing  of  wharf  at  end  of 920 

part  of,  vacated    1000 

FO^^^LS  (See  Poultry) 

FRA:\rE  BUILDINGS 

not  to  be  moved  in  City  limits   903 

regulations  for  alterations  to   800,  903 

temporary,  for  use  of  builders   : 857-858 

FRANCHISES  OF  STREET  RAILWAY  COMPANIES 

forfeited  in  certain  cases 1031 

FRAXIOvIN  STREET  (Old)   (See  Thirteenth  Street,  Christiana  Street) 
name  of,  changed  to  Christiana  street 941,  942,  947 

FREE  LIBRARY 

Acts  establishing  and  relating  to  525,  531,  984,  985 

FRENCH  STREET 

part  of,  vacated   267 

width  of 934 

FRIENDSHIP  FIRE  COMPANY 

location   of    028 

FRONT  STREET  (See  Lancaster  Avenue) 

extension  of   941 

name  of  part  of,  changed  to  Lancaster  avenue 1057 

width   of    933-934 

FRONT  AND  UNION  STREET  RAILWAY  COilPANY 

acts,  relating  to    498-504 

condemnation  of  land  for 501 

fare  of,  when  not  to  exceed  five  cents 503 

injuries  to  property  of,  and  penalty  therefor 503 

motor  power  to  be  used  by   499 


1158  INDEX. 

FRONT  AND  UNION  STREET  RAIL, WAY  COMPANY— (Continued) 

paving  and  repairing,  to  be  done  by,  within  tracks  and  three  feet 

on  eacli  side  thereof  .; 503 

route   of    499 

Street  and   Sewer  Department  must  give  consent  before  streets 

may  be  used  by  503 

track  and  grades  of 500-501, 504 

tracks  of  railway  and  railroad  companies  may  be  crossed  by 501 

track  not  to  be  laid  on  parts  of  Ninth  and  Tenth  streets.  .  .  .508,509 

where  railway  may  be  built  in,  and  out  of.  City 498-499 

"Wilmington  City  Railway  Co.'s  track  may  be  used  by,  when. 499-500 

FRUIT  (See  Fruit  and  Grain  Market) 

duties  of  ClerK  of  the  Market  and  executive  officers  of  Board  of 

sale  of  diseased  or  premature,  prohibited 808 

Health  as  to 808 

FRUIT  AND  GRAIN  MARKET 

location  and  regulation  of 821 

sale  of  peaches,  &c.,  in   821 

space  in,  and  charge  for  same   822 

what  may  be  sold  in  821 

FRUIT,  VEGETABLE  AND  GRAIN  MARKET 

location  of   833 

market  hours  in    833 

penalty  for  violating  provisions,  relating  thereto 835 

powers  of  Clerk  of  Market,  in 835 

shafts  to  be  taken  from  wagons  in  street  of 833 

spaces  in    833-834 

spaces  in,  not  to  be  assigned  or  sub-letted 834 

use  of,  by  whom   .833 

what  to  be  sold  in   833,  834 

FRUIT,  VEGETABLE  AND  PRODUCE  MARKET  SHED 

location   of    831 

conditions  under  which  persons  may  use 832 

persons  allowed,  and  not  allowed,  to  occupy  the 831 

stalls  in,  not  to  be  held  or  used  by  any  one  in  particular 832 

Street  and  Sewer  Department  to  have  control  of 832 

FUNDED  DEBT 

limitation  of   77 

may  be  exceeded,  when  77-78 

not  be  increased,  when   80 


IXDEX.    "  1159 

a 

"G" STREET 

part   of,  vacated    SOT,  271 

GAME 

unsound,  sale  of.  prohibited    •  ■  •  ■!^05,  SOG 

GARBAGE  (See  Board  of  Health) 

advertisements  for  proposals  respecting  130,  797,  801 

alleys,  not  to  be  used  to  place,  in   7G6 

ashes  not  to  be  mixed  with 798 

badge  to  be  worn  by  pmployees  collecting 800 

penalty  for  not  wearing  badge  as  aforesaid 800 

bills,  payment  of,  for  collections  of 800,  801 

Board  of  Health  fo  award  garbage  contracts 138-139 

Board  of  Health  to  enforce  provisions  relating  to 801 

bonds  with  bids  and  contracts,  respecting 800,  802 

carts  for  collection  of,  to  be  marked  "City  Garbage  Cart" 799 

collection  of,  when  to  be  made   798-799 

collection  and  removal  of 13S-139,  79G-797,  801 

contractors,  when  paid  for  removal  of 800-801 

contracts  as  to,  by  whom  made 138-139,  796-797,  801 

contract  for  collection  and  removal  of,  to  lowest  and  best  bid- 
der    138-139,  797 

definition  of    "97,  802 

deposit  of,  in  streets,  prohibited '5^'^ 

districts,  as    to    798 

lids  of  carts  for  collection  of,  to  be  kept  closed * 800 

metal  carts  to  be  used  for  the  collection  of "99 

penalty  for  not  collecting   ~^^ 

quantity  of,  allowed  to  each  house "99 

sewers,  unlawful  to  throw,  in 1053 

where  to  be  taken   '98 


GAS 

Act  regulating  jxice  of 


il9 


GAS  COMPANIES 

to  pay  tax  based  on  miles  of  streets  in  which  pipes  are  laid 85 

GAS  INSPECTOR    • 

assistant  to,  may  be  appointed  by  Couiu-il 166 

bond  of    166-167,  593 

candle  power  of  gas  to  be  tested  daily,  by 166,  597 

duties  of 1(;5-I(i7,  593-598 


1160  INDEX. 

GAS  INSPECTOR— (Continued) 

fees  collected  by,  to  be  paid  monthly  to  Treasurer 598 

meter  of  consumer  to  be  tested  by 597 

Plumbing  Inspector  to  be 105,  592 

salary   of    166,  592 

GAS  PIPES 

regulations  for  excavations  for   519-520.  044 

GEESE  (See  Animals) 

at  large  in  streets,  prohibited , 745,  747 

fee   for  impounding    , 747 

impounding  and  sale  of  747-748 

redemption  of,  when  impounded.  747 

GENERAL  ELECTIONS 

Act,  relating  to   3GS-397 

Act  applies  to  municipal  elections  in  Wilmington 387,  414 

Act  does  not  apply  to  Board  Public  Education  election  in  \Yil- 

mington    387 

appliances  of  room  where  election  is  held 3G9 

ballot  boxes,  furnished  by  Sheriff  385 

ballots,  left  over  to  be  destroyed  by  Clerk  of  the  Peace 384 

ballots,  unused  or  imvoted,  to  be  burned  by  officers 384 

ballots,  arrangement   of    374 

ballots,  what  not  to  be  counted 383,  388 

ballots,  counting  of   383,  388 

ballots,  defaced  or  mutilated   382 

ballots,  what   not  to  be  deposited 380 

ballots,  to  whom  delivered  in  Wilmington 376 

ballots,  to  whom  delivered,  if  inspector  does  not  call  for  same.. 376 

ballots,  disputed 383 

ballots,  how   folded    : 391 

ballots,  folding  of,  changes  of  and  erasures  in 380,  382 

ballots,  left  over  to  be  destroyed  by  Clerk  of  the  Peace 384 

ballots,  loss  or  destruction  of   « 3i  7 

ballots,  number  of,  how  ascertained    375 

ballots,  opening  of  package  of   378 

ballots,  preparing  of,  voting,  &c 380 

ballots,  packages,  &c 375 

ballots,  penalty  for  making  distinguishing  marks  on 386 

ballots,  by  whom  printed,  size,  form,  &c. 370-371,  373-374-375.  377,  388 

ballots,  printer  of  and  regulations  concerning 375  . 

ballots,  penalty  for  breaking  package  containing 377 

ballots,  penalty  for  removing  382 


INDEX.  1161 

OEXERAL  ELECTIONS—  { Cont inued ) 

ballots,  sample   378-379 

ballots,  no  one  to  leave  room  with 381.  382 

ballots,  unused  or  unvoted  to  be  burned  by  officers 384 

ballots,  how  marked,  in  voting 380,  388,  394-395 

betting  on  elections,  unlawful    " 393 

booths  for   309 

cards  of  instruction   378-379 

certificates  of  nomination,  when  to  be  liled 373 

certificates  of  nomination,  for,  form  of,  &e 371 

certificates  of  nomination  to  be  preserved  by  Clerk  of  the  Peace  372 

challengers,  powers  of 388-389 

resisting,  penalty   fen-    389 

act   as   clerks,   &c '. 389 

oath  of  and  how  appointed 389 

change  of  place  of  holding,  in  time  for  notice  to  be  given 368 

challengers   at    370 

challengers,  where  to  stand  370,  379 

Clerk  of  the  Peace  to  deliver  sample  ballots 378,  379,  384 

conversation  in  jjolling  places    382 

death,  resignation  and  removal  of  candidates   371 

death,  resignation   and  removal  of  candidates   after   printing  of 

ballots    374 

Department  of  Elections,  duty  as  to   309 

disputed   ballots    383 

distinguishing  marks  on  ballots,  penalty  for 386 

divisions  and  factions  of  parties   at 371-372 

elector  may  assist  voter,  when   387-388 

elector  assisting  one   to   vote   and   disclosing   manner   of  voting. 

penalty  for   391 

election  officer  disclosing  how  elector  voted,  penalty  for 392 

election  officer  committing  unlawful  act,  penalty  for 392 

election  room,  penalty  for  unlawfully  entering  380,  390 

penalty  for  hiding  in    392 

election  officers,  penalty  for  inducing  to  violate  provisions  of  this 

Act    386 

election  supplies,  penalty  for  destroying   3S6 

expenses  and  costs  of  inspectors  and  Clerk  of  Peace,  how  paid.  .  .387 

,    figure  or  device  of  parties  on  ballots  for 371 

dispute  as  to,  how  settled 372 

hiding  in  election  room,  penalty  for 392 

initials  of  clerks  of  election,  where  placed  on  ballots 378,  391 

inspector,  compensation  and  expenses  of .385,  387 

insjjectors,  duties  of   respecting  ballots 370 

inspector,  oath  and  duty  of  380 

inspectors  and  clerks  of  election,  duty  of 378 

intoxicating  licjuor,  provisions  relating  to 273.  290.  397 


1162  INDEX. 

GENERAL  ELECTIONS— (Contiiuied) 

lead  pencil  iised  to  mark  ballot  at 380,  394,  395 

misconduct  of,  general,  of  election  officers 385,  392 

marked  ballot  not  to  be  counted,  what  is 388 

new  ballots,  when  election  officers  to  print,  &c 377 

nominations  excluded  from  publication,  what  kind  of 373 

nominations,  publication   of,  for    375 

arrangement   of,    for    , 373 

organization   of   political   parties,   Clerk    of   Peace   may   demand 

l^roof  of   370 

oath  of  inspector    386 

oath  of  election  officers,  nature  of,  &c 383,  386 

pasters  for  new  nomination,  how  used 374 

pencil  to  be  delivered  to  voter  by  clerk  of  elections 395 

l)encil,  penalty  for  removing  from  election  room 395 

penalty  for  jjlacing  distinguishing  mark  on  ballots 386 

penalty  for  unlawfully  entering  election  room 386,  390 

penalty   for   election    officers    revealing    knowledge   of   how   one 

voted    384,392 

penalty  for  violations  of  this  Act 385,  392 

penalty  for  destroying  certificates  of  nomination 385 

penalty  for  destroying  conveniences  of  voting  place,  &c 386-387 

penaltj'  for  neglect  of  Clerk    of    the    Peace    to    perform  certain 

duties   384 

penalty  for  destroying  election  supplies 386 

persons  betting,  competent  witnesses  in  regard  thereto 394 

place  of  holding    273,  290,  368 

police,  duties  of,  at 211,  298 

political  party,  what  shall  constitute    370 

"principal  political  parties,"  definition  of    389 

room  of  election,  unlawfully  entering  and  penalty  therefor.  .386,  390 

room  where,  is  held,  plan  and  entrance  of 368 

sample  ballots,  furnished  by  Clerk  of  Peace 378-379 

Sheriff,  duty  of  as  to   385 

special  officer  at  election  and  how  appointed   390 

stakeholder   of   bet   on   election,    competent    witness    in     regard 

thereto   393 

thirty  feet  from  the  polls,  who  allowed  within  that  distance.  ..  .379 

voters'  assistants,  how  appointed  and  duty  of 388,  396,  397 

false  declaration  of,  to  voter 397 

when  may  assist  voter   381,  396 

voters,  admission  of,  to  election  room 379-380,  381 

voter,  must  not  leave  room  with  ballot  or  pencil 380,381,395 

voters  of,  number  of  in  room  at  one  time 381 

voting,  place  of,  selected  by  Department  of  Elections.  .  .337-338,  369 

voting,  manner  of 380,  388,  394-395 

voting,  how  to  prepare  ballots   380 


INDEX.  1163 

GEXERAL  ELECTIONS—  (Contmiied ) 

voting,   time   for    381 

what  elections  tlie  provisions  of  tliis  Act  apply  to 387 

GILPIX  AVENUE 

buildings  on,  how  erected  256 

change  of  curb  lines  of 255,  990 

powers  of  Park  Commissioners,  respecting 256 

railways   on,  prohibited    256 

regulations  of  use  of  255 

tree  fund  transferred  to  Park  Commissioners 996 

width  of  sidewalks  and  roadways  of,  changed 997 

GILPIX  LANE 

vacation   of    265 

GOATS  (See  Animals) 

at  large  in  streets,  prohibited 745,  747 

GOODWIN  STREET 

a  part  of,  vacated 1067 

GRADES 

of  ascents  and  descents  of  streets,  omitted,  by  authority  of  the 

Council  (See  Preface) 

duties  of  engineers  and  surveyors,  respecting 619,  620 

owners  of  property  outside  of  City  may  change,  with  consent  of 

Street  and  Sewer  Department   254 

charter  ijrovisions  as  to   130 

of  streets,  how  obtained   619,  620 

GRADE  CROSSINGS 

bonds  for  abolition  of 469,  477,  680,  682,  688,  690,  696,  699 

GRAIN  (See  Fruit  and  Grain  Market) 

powers  of  Council,  respecting  56 

GRASS  PLOTS 

driving  animals   on,  or   permitting    them    to    graze    on,    unlaw- 
ful     995-996 

GRAVEYARDS  (See  Cemeteries) 

of  African  Union  Church,  burials  in,  prohibited 520 


1164  INDEX. 

GRAVES  (See  Burials,  Dead  Bodies) 

depth  of,  required  805 

GUNS 

firing  of,  prohibited   751,  964 

GUNPOWDER 

.  Council  may  regulate  storage  of 56. 

duties  of  high  constable,  &c.,  respecting 962-963 

expense  of  removal  of  unlawful  stores  of 963 

informer,  when  to  receive  one-half  the  fines  in  regard  to  ordi- 
nance relating  to   963 

Judge  of  Municipal  Court  shall  order  removal  of 962 

penalty  for  unlawful  storing  of 962 

l^enalty  for  not  removing  962-963 

regulation  for  storing  and  sale  of 962-964 

regulation  for  bringing  of,  into  City 963 

removal  of,  when  unlawfully  stored 962 

vessels  of  a  certain  kind,  excepted  from  regulations  respecting.  ..963 

GUTTERS  (See  Sewers,  Streets) 

by  whom  laid  out  and  general  powers  as  to 127,  224,  228,  229 

obstruction  of,  prohibited   788 

throwing  fish  and  offal  in   823 

width  of,  in  ancient  ordinance   937 


HAND  BILLS,  CIRCULARS,  &c. 

placing  of,  on  steps,  porches,  sidewalks,  or  in  streets,  unlawful.  .  .999 

HAND  CARTS  (See  Wheelbarrows) 

HANOVER  STREET  (See  Sixth  Street) 

extension  of    .' 941 

name  of,  changed  to  Sixth  street 941,  942 

width   of    934 

HARBOR  (See  Harbor  Commissioners,  Harbor  Master,  Port  Wardens) 

act,  relating  to    ' 185-204 

duties  of  Harbor  Commissioners,  respecting 185-189 

Harbor  Master,  respecting   199-200 

Port   Wardens,  respecting    188-200 


INDEX.  1165 

HARBOR  COMMISSIONERS  (See  Port  Wardens  and  Wharves) 

appointment  of 185 

compensation  of,  to  be  fixed  bj'  Council 187 

duties   of    185-189 

land-marks  may  be  fixed  by 186 

oatb  of  office  of   186 

powers  of    186 

returns  and  plots  to  be  made  and  filed  by   187 

returns  and  plots  of,  where  recorded  187 

salaries  of  engineers,  &c.,  to  be  fixed  by 187 

A'acancies,  how  filled    187 

HARBOR  MASTER 

election,  powers   and  duties  of 199,  917 

holds  over  in  case  of  failure  to  elect 917 

penalty  for  refusal  to  obey 199 

salary  of   200,  609,  917 

HARTMAX  STREET 

jjart  of.  removed  from  plan  or  map  of  City 1062 

HASLET  STREET  (See  Park  Place) 

name  of  part  of,  changed  to  Park  Place 1057 

spelling  of  name  of,  changed   951 

width  and  location  of   950-951 

HA^^'LEY  STREET 

part  of,  vacated   270 

HAY  (See  Weigh  Master) 

duty  of  Street  Commissioner,  respecting   752 

duties  of  Weigh  Master  as  to  weighing  of 586 

fees  for  weighing   587 

penalty  for  unloading  of.  before  weighing  588 

powers  of  Council,  respecting    56 

redemption  of,  by  owner   753 

regulations  of  weighing  of  587 

regulations  for  storing  of   752 

removal  and  sale  of  unlawful  stores  of 752-753 

sales  of,  from  wagons  in  streets,  ])roliibited 1012 

HEALTH  (See  Board  of  Health) 

of  .City,  powers  of  Council,  respecting 55 

ordinances,  relating  to    770-813' 


1166  INDEX. 

HEAT,  LIGHT  AND  PO^^^R  COMPAXIES 

to   pay  tax  on  basis   of  miles   of   streets  used  for  pipes,  wires, 
poles,    &c 84-87 

HIGH  CONSTABLE 

accounts  to  be  rendered  by,  to  Auditor 570 

accused  persons  to  be  placed  in  custody  of 45,  49 

additional   compensation,  when    210 

appointment   of    209 

a  City  officer    30 

commitments  to,  of  defendants,  when 49 

contempt  of  court  by,  when 44 

dogs,  duties  of,  as  to  reclaimed 970 

dogs,  duties  of,  as  to  registration  of 975 

duties  of,  at  Municipal  Court,  and  generally 44,  49,  67,  211 

gunpowder,  duties  of,  as  to  962-963 

impounded  swine,  duties  of ,  as  to 765 

not  to  be  member  of  political  committee,  &c 211 

obscene  figures  and  pictures  to  be  removed  by,  when 763 

officer  of  Board  of  Health 770 

oils,  duties  of,  as  to  storage  of 966 

penalty  for  failure  to  serve  legal  process 44 

prison  cells,  duties  of,  as  to 71 

process  to  be  served  by ' 44 

is  Secretary  of  Police  C(nnmission   207 

removal   of    209,  211,  212 

salary  of   210 

suspension  of   44,  212 

tar,  duties  of,  as  to  manufacture  of 967 

witness  fees  not  to  be  paid  to 50 

HIGH  STREET  (See  Fourth  Street) 

extension  of   941 

name  of,  changed  to  Fourth  street .941-942 

width  of   933 

width   of  sidewalk  of 937 

HITCHING  OF  HORSES  TO  TREES  UNLAWFUL 969 

HOGS  (See  Cattle,  Meat,  Swine) 

powers  of  Council,  respecting 56 

HOG  PENS 

cleansing  and  removal  of 776 

regulations  for  buildins  of   765-766 


INDEX.  1167 

HOLES  (See  Excavations) 

liability  for  damages  caused  liy 124 

in  sidewalks    944,  lOOG-1007 

in   streets    130,  24G,  254,  519,  520,  944 

HOIME  FOR  IXCURABLES 

exemption   of.   from   taxation 490 

HORSES  (See  Animals) 

at  large,  in  public  parks,  prohibited 1005, 1096 

at  large,  in  streets,  pi'ohibited 745,  747 

hitching  of,  to  trees,  a  nuisance 969 

impounding  of,  when  hitched  to  trees 969 

penalty  for  owners  of,  concealing,  to  evade  tax  on 930 

regulations  for  driving  of    745,  740,  748 

taxes  on,  how  assessed  and  collected 103,  929-930 

apiaeal  to  Finance  Committee  as  to  tax  on 990 

troughs  for,  regulation  of,  by  Water  Department 1084 

HOSE  (See  Fire  Companies) 

penalty  for  driving  over    628,  636 

HOSPITAL  (See  City  Hospital) 

when  Board  of  Health  may  establish 779,  780 

HOUSES  (See  Disorderly  Houses,  Tippling  Houses) 

by  whom,  and  how  numbered 578-583 

when  unlawful  to  change  numbers  of 289 

HOUSEHOLD  RUBBISH 

in  what  to  be  placed,  and  by  whom  removed 894,  998 

not  to  be  mixed  with  ashes 998 

placing-  of,  in  streets  prohibited 999, 1002 

HOUSES  OF  ILL  FAME  (See  Assignation  Houses) 

•  keeping  of.  a  nuisance   536,  759 

penalty   for   keeping    536, 759 

HOUSE  SERGEAXT 

bail  may  be  taken  by,  when  Clerk  of  Municipal  Court  is  absent.  .104 
warrants  may  be  served  and  oath  admisteretl  by.  when  Clerk  of 
Municipal  Court  is  absent   163 

HUCKSTERS   (See  Hucksters'  Market) 


1168  "       INDEX. 

HUCKSTEES'  iMARKET  (See  Curb  Stone  Markets) 

Couucil  may  establish  and  regulate 154 

fees  paid  to  Clerk  of  Market  for  use  of 821 

location   and  regulations   of    820 

space  in   821 

^'hat  may  be  sold  in   821 

HYDEAXTS  (See  Fire  Hydrants) 


I 
ICE 

regulations   of   sale   of    953 

ILLUMIXATIXG  OILS  AXD  FLUIDS  (See  Oils) 

IMAGES  (Exhibition  of) 

license  fee  for    959 

mPOUXDIX'G 

of  animals  at  large   747,  765,  975 

niPRISOX:MEXT  (See  Municipal  Court) 

for  non-payment  of  taxes   99 

IXCURABLES 

homes  for,  exempt  from  taxation   490 

IXT)ECEXT  COXDUCT 

masquerading  prohibited,  except  in  certain  cases   757-758 

in  public,  prohibited    757,  762 

IXDECEXT  PICTURES 

prohibited    in    public    762 

removal  of.  by  chief  of  police 763 

IXDEMXIFYIXG  BOXDS  TO  CITY 

when  building  materials  are  placed  on  sidewalks  or  streets 

130,  244, 1002 

when  excavations  are  made  in  streets 130,  244, 1004 

from    plumbers     1039, 1052 


INDEX.  1169 

INDEPENDENCE  FIRE  CO:\IPANY 

location   of    629,  645 

made  a  member  of  the  Fire  Department 645 

INFECTIOUS  DISEASES  (See  Contagious  Diseases) 

INFOR^klATION 

in  Municipal  Court,  prosecution  shall  be  by 46 

INITIATIVE  AND  REFERENDUM  ACT 415 

duties  of  certain  City  officers  under 987-988 

INSPECTIONS 

of  buildings   (See  Building  Regulations) 836 

cattle  (See  Inspector  of  Meats) 162 

cesspools  (See  Plumbing  Inspector) 155 

meats  (See  Inspector  of  Meats)    162 

milk,  powers  of  Council,  respecting 56 

provisions,  powers  of  Coimcil,  respecting. 56 

lumber  (See  Inspectors  and  Measurers  of  Lumber) 591 

lumber,  powers  of  Council,  respecting 56 

markets  (See  Clerk  of  Market) 827 

oils  (See  Inspector  of  Oil) 589 

Ijlumbing  and  drainage  (See  Plumbing  Inspector  and  Plimib- 
ing  Regulations)    156, 1036 

INSPECTORS  OF  ELECTION  (See  Elections) 

INSPECTORS  AND  ^MEASURERS  OF  LUMBER 

appointment  and  duties  of   591 

oath,  fees  and  qualifications  of 591 

powers   of   Council,  respecting    56, 607 

INSPECTOR  OF  MEATS  (See  Meats) 

duties  of,  as  to  imsound  meat 807 

■  election,  term  and  salary  of 163 

food  animals,  «&c.,  to  be  inspected  by 807 

to  obey  orders  of,  and  report  to  Board  of  Health 807 

penalty  for  interfering  witii 808 

qualifications,  duties  and  powers  of 162 

slaughter  houses,  &c.,  to  be  inspected  by 807 

vacancy  in  office  of    163,  607 


1170  INDEX. 

INSPECTOR  OF  OILS  (See  Oils) 

duties  of   589-590 

election,  term  and  salary  of 157-158,  588 

fees  of    589 

reports  of    590 

seal  or  mark  of   589 

vacancy  in  office  of   607 

INTEREST 

rate  of,  on  sinking  fund  bonds,  how  fixed 458 

INTERMENTS  (See  Burials) 

INTOXICATING  LIQUORS 

sale  of,  in  public  parks,  prohibited 173 

use  and  sale  of,  as  to  elections 273,  290,  318,  358,  359,  3G8,  397 

INVESTIGATIONS  OF  AFFAIRS  OF  THE  CITY 

by  "The  Councir"    60-61 

by  the   Mavor    33 


J 

JANITOR 

aj^pointment,  duties  and  salary  of 600 

of  Municipal  Court  roonr  and  police  station 600 

JEFFERSON  STREET 

width  and  location  of  940 

part  of,  vacated    1065 

JOURNAL 

of  Council,  to  be  kept 53 

entries    in    36,  53-54,  57,  70, 176,  206,  227 

JUDGE  OF  MUNICIPAL  COURT 

absence  of,  deputy  may  act  when  requested 39 

acknowledgments  of  deeds,  mortgages,  &c.,  may  be  taken  by.  ...   52 

appointment  of   36 

appointment  of  new  clerk  by,  if  bond  be  not  given  by  first  ap- 
pointee     47 

bond  of  Clerk  of  Com-t  to  be  approved  by 47 

Clerk  of  Court  to  be  appointed  by 47 


INDEX.  1171 

JUDGE  OF  :\IUNICIPAL  COURT- — (Continiud) 

costs  may  be  stricken  off  by,  when 45 

fees  of    50,  51,  52 

gunpowder,  unlawfully  stored  may  be  ordered  ronioved  by .  .  .  962-963 

lottery  policy  offices,  duty  of,  as  to 970 

oath  of  office,  to  be  taken  by 30 

oath  of  office,  may  be  administered  by 32 

powers  and  jurisdiction  of   43 

qualifications  and  term  of  office  of ' 36 

removal  of 36 

salary  of   68,  008 

seals  for  Court  and  Judge,  to  be  procured  bj' 50 

tar,  duty  of,  as  to  the  making  of 967 

warrant  of,  for  abatement  of  nuisance 785 

warrant  for  witness  fee  in  Municipal  Court  to  be  signed  by 50 

JUDGMENTS 

entry  of,  for  taxes   98 

in  Municipal  Court,  appeals  from  (See  Certiorari) 48,  49 

JUGGLING  (See  Shows) 

JUSTICE  OF  THE  PEACE 

to  bind  accused  persons  for  appearance  at  Municipal  Court.  .40-41,45 

JUSTISON  STEEET 

width   of    934 


KENNETT  ROAD  (See  Delaware  Avenue) 

part  of,  to  be  called  Delaware  avenue 943 

KENNETT  TURNPIKE  ROAD 

part  of,  vacated    205 

KENT  STREET  (See  Eighth  Street) 

extension    of    941 

name  of,  changed  to  Eighth  street   941,  942 

width  of    934 

KEROSENE  (See  Oils) 


1172  INDEX. 

KEYS 

to  fire  alarm  system,  regulation  of   633 

KING'S  ROAD 

vacation  of   265 

KING  STREET  (See  Curb  Stone  Markets) 

part  of,  vacated   267 

sidewalks   of 937 

width   of    934,  948 

KIRKWOOD  PARK 

Park  Commissioners  authorized  to  purchase  lands  for 983 

KIRKWOOD  PARK  BATH  HOUSE 

ordinance  for  issuance  of  bonds  for    718 


LABELS 

for  names  of  streets 943 

penalty  for  removing   943 

LAMBS 

when  vinlawful  to  sell  or  ship  into  City,  carcasses  of 164,165 

LAMBSON  STREET  ' 

part  of  removed  from  plan  or  map  of  City 1063 

LAMPS  (See  Public  Lamps) 

LANCASTER  AVENUE  (See  Front  Street) 

LANDMARKS 

Council  may  authorize  removal  of   193 

Harbor  Commissioners  powers  of,  as  to 186 

removal  of,  unlawful  Ill,  622 

Port  Wardens  powers  of,  as  to   188 

of   streets    Ill 

for  wharf  lines   186 


INDEX.  1173 


LAND  OUTSIDE  OF  CITY 


damages  not  allowed  for,  when   253 

grades  of,  may  be  fixed  by  owner   253 

powers  of  Street  and  Sewer  Department  in  regard  to 253-254 

LANES  (See  Alleys,  Streets) 

LARD  (See  Butter) 

LAW  COMMITTEE  (See  Committees  of  Council) 

duties  of    G14 

LAW  AND  ORDER  SOCIETY 

when  entitled  to  one-half  of  certain  fines,  &c 535-536 

LEASES 

of  certain  lands  for  armory 924,  925 

of  property  to  be  used  as  disorderly  houses 537 

to  P.,  W.  &  B.  R.  R.  Co.,  by  City 523 

of   wharves    128,  019-920, 1033 

LEGAL  DAY'S  WORK 

what  to  constitute  in  certain  work  for  employees  of  City 546 

LEGISLATIVE  COMMITTEE  (See  Law  Committee) 

LIBERTY"  FIRE  COMPANY" 

location   of    " 629,  637,  638 

LICENSES   (See  Shows) 

for  auctioneers,  fees  for 955,  956 

issuing  of    56,  535,  954 

penalty   for   sale  without 956 

powers  under    955 

revocation  of,  by  Council,  when 955 

to  drain  layers,  &c 244 

fees  for  show  licenses   522,  959,  960 

penalty  for  shows  without   959,  960 

for  pool  rooms,  bowling  alleys,  billiard  tables,  &e 553 

must  have,  for  shows    751 

LIENS 

of  assessment,  benefits  of  opening  streets 115-116 

assessment  for  paying  and  curbing 119, 121-122, 1010 


117-4  ■  INDEX. 

LIEXS— (Continued) 

books  for,  and  duties  of  Auditor,  respecting 569 

books  for,  and  duties  of  Clerk  of  Council;  respecting  (obsolete).  .567 
cancellation  of,  by  Board  of  Directors  of  the  Street  and  Sewer 
Department   for  curbing,  paving  and   sewer  liens,  when   al- 
lowed     246 

exemption  of  certain  land,  from  sewer  lien   243 

for  abating  nuisances   139 

for  paving,  how  collected 120 

repaving  footways    121-124 

for  sewer  assessments   239-240 

for    sewer    assessments    to    be    jiaid    before    connection    can    be 

made 1049 

for  sewers,  cost  of 241 

for  sewers,  how  collected 242 

of  taxes   95,  96,  98 

for  water  courses,  cost  of  altering  (obsolete) 137 

LIGHTING  STREETS 

duties  and  powers  of  Council,  respecting 56 

LIME 

Council  may  regulate  the  weighing  and'  measuring  of 56 

LIMITS  OF  CITY  (See  Boundaries) 

LINEMEN 

appointment  of    ; 601 

LINWOOD  AVENUE 

part  of,  vacated 1070 

LITERARY  ENTERTAINTVIENT  (See  Shows) 

no  license  to  be  required  for 959 

LITTORAL  PROPRIETORS 

bulkheads  may  be  erected  by 202 

breadth  of  water  front  on  Delaware  River,  of 203 

grants  to,  by  Attorney  General  and  Secretary  of  State,  when.  202-203 

land  to  vest  in  fee  in   202 

wharves,  &c.,  on  Delaware  River,  may  be  owned  by 203 

LOBDELL  STREET 

removal  of  part  of  from  plan  or  map  of  City 1061 


INDEX.  1175 

LOCOMOTIVES 

bells  of,  to  be  rung   755 

engineers  of,  not  to  run  over  lire  hoses 636 

penalty  for  unlawful  S2)eecl  of    754 

speed   of    754 

street  crossings  not  to  be  blocked  by 756 

LOCUST  STREET 

part  of,  removed  from  plan  or  map  of  City 1061 

LOMBARD  STREET 

width  and  location   of    940 

LOMBARDY  TREES 

planting  of,  prohibited    " 995 

LOTTERY  POLICIES 

duties  of  police,  respecting 970 

offices  for  sale  of.  declared  to  be  a  nuisance 970 

penalty  for  having  place  for  sale  of 970 

LOTS  (See  Sand  Lots) 

of  sand  and  gravel  to  be  enclosed 749 

LOVE  LAXE 

act,   vacating    264 

LOWEST  BIDDER 

general  work  or  labor  for  City  over  fifty  dollars,  to  be  awarded 

to    978 

for  Board  of  Public  Education   438 

LOWEST  AXD  BEST  BIDDER 

as  to  Board  of  Health  139.  796 

Street  and  Sewer  Department   234 

Water  Department    179 

LUMBER 

power  of  Council  concerning  inspecting  and  measuring  of 56 

regulations  for  inspecting  and  measuring 591 

MADISOX  STREET  (See  Curb  Stone  Markets) 

parts  of,  vacated    262,  264,  946 

width  and  location   of    940 


1176  INDEX. 

MAGISTRATES 

to  report  marriages   109,  795 

their  names  and  residences  to  be  reported  to  Registrar 794 

MALIGNANT  DISEASES  (See  Contagious  Diseases) 

IMAP 

new  streets  less  than  forty  feet  in  width  not  to  be  placed  on.  . .  .935 

of  bulkheads  on  Delaware  River 201 

of  City,  how  made   129,  620 

pier  lines  of  Delaware  River  to  be  as  on  a  certain 201 

removal  of  certain  streets  from 10(51-1071 

MARKETS 

(See  Curb  Stone  Markets,  Regulator  of  Weights  and  Measures) 

booths,  &e.,  provisions  concerning,  not  applicable  to 744 

butter,  sausage,  &c.,  regulations  of  sales  of,  in 825 

Christmas  trees,  sales  of,  in    1013 

Cleric  of  Market's  duties  in   827,  828.  830, 1012 

Council's  powers,  respecting  (See  Street  and  Sewer  Department) 

56, 149,  150, 151 

disorders  and  riots,  in,  how  suppressed   828 

houses  for,  powers  of  Council,  respecting 56 

hucksters    154,  820 

farmers  and  truckers  149-150,  817,  832 

fees  from,  to  whom  paid    829 

fish    154,  823 

Front  and  Church  streets,  regulations  of 831 

fruit,  vegetable  and  grain   833 

fruit,  vegetable  and  produce   .831 

New  Jersey    154,  819.  820 

ordinances  relating  to   817-835 

oleomargarine,  &c.,  regulations  of  sales  of.  in 825,  827 

refuse  must  not  be  thrown  in,  by  sellers 824-825 

spaces  in,  allotted  by  Council 150 

record  of  same  kept  by  Clerk  of  INIarket 151 

Street  and  Sewer  Department,  powers  as  to 828 

weights  and  measures,  used  in,  regulations  of 815-817,825 

MARKET  HOUSES 

Council's  powers  as  to   56 

inspection   of    807 

oifal  or  offensive  matter  in 773 


INDEX.  1177 

MARKET  SHEDS 

Front  street  wharf,  regulation  of   S31-S32 

]VL\RKET  STREET  (See  Philadelphia  TurnpiJce) 

width  of    934 

MARRIAGES 

Mayor  may  solemnize    34 

records   of    108-109,  796 

reports  of,  to  Registrar   109,  795 

MARSH  LAND 

assessment  of  certain,  for  care  of  banks 521 

exemption  of,  from  taxation  • 488-489 

IMARSH  ROAD  (See  Vandever  Avenue,  Seventh  Street) 

'  name  of,  in  Xintli  ward,  changed  to  Vandever  avenue 262 

part  of,  vacated    265 

MARSH  STREET  (See  Seventh  Street) 

made  public    933 

MARSH  TAX 

how   assessed   and   collected    ,.  .  .  .521 

MARYLAND  AVENUE 

act  relating  to    265 

corner  of  sidewalk  of,  thrown  into  street 1055 

IMASKS   (See  Masquerading) 

MASQUERADING 

when   permitted    758 

when   prohibited    757 

MASTER  KEYS 

of  fire  alarm  boxes,  regulations  for  use  of 633 

MASTER  WARDEN 

election  and  duties  of   194 

compensation  of 196 

vacancy  in  office  of,  how  lilled 194 


1178  INDEX. 

MATRONS  (See  Police  Matrons) 

of  Police  Department    215 

may  participate  in  police  pension  fund 220 

^ilAYOR 

appeal  to,  from  decision  of  Public  Building  Committee 840-841 

assemblages  of  minors  to  be  dispersed  by 751 

absence  of,  who  to  act   34 

appraisers  of  impounded  animals  to  be  appointed  by 748 

appointments  by,  to  be  confirmed  by  Council,  when 36 

Board  of  Health,   appointed   by    137.  770 

members  of,  removed  by  Mayor 138 

vacancies  in,  filled  by  Mayor 138,  770 

bonds  of  assessors  and  collectors,  to  be  approved  by 102 

bonds  of  engineers  and  surveyors  to  be  approved  by 618 

bonds  of  garbage  collectors,  to  be  approved  by 800 

City  map,  to  be  signed  by   129 

a   City   officer    30 , 

a  conservator  of  the  peace  33 

contracts  may  be  made  and  revoked  by,  for  the  taking  up  of  un- 
muzzled dogs    973,  977,  978 

contract  with  Wilmington  Institute  may  be  made  by 984 

deeds,  &c.,  may  be  acknowledged  by  34 

dog  catcher  to  be  appointed  by   \ 975 

duties  and  power  of,  in  general 33 

election  of    32 

elections,  duty  of,  as  to   410 

gunpowder,  duties  of,  as  to   964 

impounded  swine,  duties  of,  as  to   7G5 

investigation  of  City  matters  may  be  made  by  the 33 

Council  to  pay  expense  of  investigation  made  by 33 

false  statement  under  oath,  made  to  the,  in  said  investigation,  is 

perjury    33 

subpoenas  may  be  issued  and  testimony   under  oath   taken   bj-, 

in  said  investigation   33 

law  and  ordinances  to  be  enforced  by 33 

licenses  for  shows,  &c.,  issued  by 959,  960 

a  manager   of  free  library   525 

a  member  of  Park  Commission  168 

marriages  may  be  solemnized  by   34 

moving  picture  shows,  Building  Inspector's  certificate  to 961 

oath  to  Harbor  Commissioners,  administered  by 186 

oath  to  Inspectors  and  Measurers  of  Lurnber  administered  bj-.  . .  .591 

oath  to  Port  Wardens,  administered  \)j 194 

oath  to  Weigh  Master,  administered  by 586 

offensive  trades,  duty  of.  as  to 772 


INDEX.  1179 

MA  YOR— ( Contimied) 

oil,  duties  of,  as  to  storage  of 966 

ordinances  to  be  approved  by  57 

police  force  and  powers  of,  as  to   07 

posse  comitatus,  when  maj*  summon 67 

presiding  officer  of  Advisory  Board   105 

pro  tempore    34 

qualifications,  election,  term  of  office  of 31-32 

removal  of,   from   office    35 

riots,  &c.,  duties  of,  as  to   67 

salary    of    32,  68,  608 

seal  of  city  to  be  kept  by 33 

seal  of  office  of  35 

secretary  of    604 

shows,  may  be  licensed  by   959 

special  constables  may  be  appointed  by.  when 67 

Street  and  Sewer  Directors,  appointed  and  removed  by 227 

tar,  pitch,  &e.,  duties  of,  as  to 967 

vacancy  in  office  of,  how  filled  35 

veto  power  of   57,  77,  78 

warrant  to  collect  sewer  liens,  signed  by 140,  242 

Water  Commissioners  appointed  by   175 

Water  Commissioners  may  be  removed  by 176 

wheelbarrows,  duties  of,  as  to   758 

MEASURES  (See  Weights  and  Measures) 

MEASURERS  OF  LU^IBER  (See  Inspectors  and  Measurers  of  Lumber) 

MEASURERS  OF  WOOD  AXD  BARK(See  Corders  of  Wood  and  Bark) 

MEATS  (See  Inspector  of  Meats) 

blocks,  for  cutting  of.  prohibited  on  sidewalks 826 

disposal  of,  when  condemned   806 

inspection   of    102,  807 

prima  facie  evidence  of  sale  of   805 

regulations  for  sale  of,  in  Farmers'  and  Truckers'  iMarket 

152,819.826 

sale  of  unsound,  unlawful   805 

seizure  and  condemnation  of  162,  806 

unwholesome,  what  is   805 

MEETINGS 

in  public  parks,  regulations  of 173 


1180  INDEX. 

IMENAGERIES  (See  Shows) 

license   fee,   for    959 

MID  WIVES 

to  report   births    109,  794 

to  report  their  names  and  residences    794 

MILITIA 

erection  of  armorv,  for    924 

illLK 

adulterated,  salfe  of,  prohibited 810 

Council's  powers,  respecting   56 

penalty  for  removing  cream  from  milk  and  selling  as  pure 811 

penalty  for  selling,  in  uncleau  containers    811 

penalty  for  selling  from  unclean  cans 811 

penalty  for  A'iolation  of  provisions  of  ordinance 809,  810,  812 

permits  for  sale  of,  not    to    be    gi'anted    without    certificate  of 

veterinarian    809 

permits  for  sale  of,  to  be  yearly 809 

jjersons  selling,  to  have  name  on  wagons   812 

persons  selling,  to  register  with  Clerk  of  Council 809 

standard  measure  of  cream  and   552 

vessels  containing  skimmed,  must  be  so  marked 811 

IVIILK  CANS 

to  be  inspected  by  regulator  of  weights  and  measures   of  New 
Castle  Countv   552 

MILK  INSPECTOR 

allowance  to,  for  horse  and  carriage   812 

duties  of    809-813 

election   of    809 

implements  for  inspection  of  milk  must  be  bought  by 813 

salary  of 812 

A'acancy  in  ofTice  of,  how  filled G07 

MILL  STREET  (See  Sixteenth  Street) 

extension    of    94l 

name  of,  changed  to  Sixteenth  street 941,  947 

MILLER  LAXE 

vacation   of    265 


INDEX.  1181 

MILLER  STREET 

name  of,  changed  to  Broome  street 1059 

MINORS 

assembling  of,  in  streets,  unlawful,  when 751 

taxes  of,  how  collected   97 

imlawfiil  for  minors  to  get  on  moving  cars 922 

unlawful  to  sell,  give,  &c.,  pistol  or  firearms,  to 965 

MIXSTRELS   (See  Shows) 

MONEY  (See  Deposits  of  Money) 

how   drawn    from   banks    03,  76,  987 

borrowing   of    76 

may  borrow,  in  excess  of  funded  debt,  when 77-78 

limit  for  borrowing   77 

MONROE  STREET 

extension    of    263 

parts  of,  vacated  202,  945,  1065 

MOROCCO  SHOPS 

unlawful  to  throw  refuse  from,  into  sewers 1053 

MORTGAGES 

acknowledgments  of,  may  be  taken  by  Judge  of  Municipal  Court  52 
may  be  taken  by  Mayor 34 

MOTOR  VEHICLES 

act,   relating   to    554 

arrest  of  operators  of,  without  warrant,  when   560 

chains   on,  when  prohibited    558 

definition  of   501 

fee  for  registration  of,  and  tags  on   554-555 

intoxicated  person,  not  to  operate,  penalty  for  so  doing 557 

license  for,  and  to  whom,  granted,  .&c 550,  557 

license  necessary,  in  order,  to  operate   55o 

money  or  valuables  may  be  taken  by  magistrate  from  operators 

of,  when    560 

owners  of,  to  register    554 

non-residents  using,  exemptions  of  from  Act 555 

penalty  for  violating  provisions  relating  to 560-o61 

police  officer's  signal  to  stop,  must  be  obeyed  by 560 


1182  INDEX. 

MOTOR  VEHICLES— (Continued) 

provisions  of  this  act,  relating  to,  not  to  apply  to  certain  per- 
sons operating  559 

rate  of  speed  of   559 

registration  of   554 

right  side  of  the  road,  to  be  followed  by  operators  of 559 

revenue  for  registration  and  licensing  from,  to  whom  paid 562 

signals  and  brakes  of,  must  be  satisfactory 557 

warning  of  approach  of,  to  be  given  by  persons  operating 558 

MOVING  PICTURE   SHOWS 

age   of   operator   of    961 

certificate  of  Building  Inspector  as  to  building  used  for 961 

license  required  to  operate    960 

license    for    960 

license  for,  granted  by  Mayor   960 

oil  lamps,  fire  extinguishers,  &c.,  used  in    961 

penalty  for  violating  provisions  of  act  relating  to 962 

powers  of  Police  Commissioners,  as  to   962 

terms  of  license    960. 

MOUNTEBANKS  (See  Shows) 

IMULES  (See  Animals,  Horses) 

MUNICIPAL  COURT 

appeals  from,  when  and  how  allowed    48, 49 

bail  in    39 

bail  bonds   forwarded   from   Justice   of   the   Peace   to   Municipal 

Court    45 

certiorari,  writs  of.  to 48 

City  Solicitor's  duties  in   46,  573 

commitments  by   49 

contem^^t  of,  by  constable  how  punished 44 

duty  of,  as  to  certain  nuisances   48-49 

establishment    of    36 

expenses  of,  how  paid    37 

fees  and'  costs  in    40,  45.  40.  47,  50,  51,  52 

filing  of  transcript,  form  of,  &c 49 

janitor    (appointment  of,  for  room)    600 

jurisdiction  of    40,  562 

Justice  of  the  Peace,  and  City  Judge,  to  bind  for  appearance  at. 41,  45 

peddlers,  jurisdiction  of,  as  to   562 

process  of    39 

process  of,  runs  throughout  the  State  40 

prosecutor  in,  who  40,  GO,  573 


IXDEX.  1183 

MUNICIPAL  COURT—  ( Continued ) 

prosecutions  in,  how  brought   44,  46 

recognizances   in    48,  49 

seal  of    50 

surety  fixed  by,  in  appeals   49 

terms  and  sessions   of    • 30,  37 

where  held    37 

witness  fees  in   47,  50,  51 

witness  fees,  unclaiiucd  in  48 

MUNICIPAL  ELECTIONS  (Act  Relating  to)   397-414 

ballots  for,  duty  of  printer  as  to 407 

ballots,  when  and  how  counted   408 

ballots  to  be  destroyed  after  they  have  been  counted,  &c.,  unless. 408 

ballot  boxes,  &c.,  how  provided   407 

ballots  for,  printed  and  furnished,  by  Department  of  Elections.  .  .402 

canvass  by  votes  by  Department  of  Elections 411 

canvass  of  votes,  how  conducted 407-408 

certificates  to  persons  elected,  form  and  delivery  of 411-412 

City  officel-s   (certain  of  them)   to  remain  at  their  offices  during 

election   day    409-410 

Department  of  Elections,  books,  papers,  &c.,  transfer  of,  to 399 

contested  elections,  proceedings  in  and  how  decided 413-414 

corporation  not  dissolved  by  failure  to  hold 400 

Council's  powers  in  election  contests 413 

Council  to  examine  certificates 412 

certificates  to  be  examined  by  Council 412 

Covuieil   (members  of)   how  chosen 405 

removal  of  member  from  ward,  effect  of 405 

Department   of  Elections,  may  demand  certificate  of  sufficiency 

as  to  party  organization,  when   402 

Department  of  Elections,  may  employ  clerks,  &c 402 

expenses,  how  paid    402 

limit  of  expense   402 

Department  of  Elections,  compensation   of    399 

Department  of  Elections,  powers    of    398-404 

Department  of  Elections,  have   power   in   City   elections    similar 

to   those  of  the  Clerk  of  the  Peace   in  general  elections  in 

Wilmington   401 

Department   of   Elections,  salary   of   and  how   paid,   for  holding 

City    elections    273,  399 

Department  of  Elections,  duties  of  as  to  revision  of  registration. 400 

Department  of  Elections  may  dismiss  election  officers 401 

Department  of  Elections,  may  lay  out  new  districts  in  extended 

limits  of  city  and  appoint  oflicers  therein 405 

devices  of  a  certain  kind  prohibited 403 


1184  INDEX. 

MUXICIPAL  ELECTIOXS  (Act  Relating  to)— (Continued) 

device,  which  faction  entitled  to 404 

disputed  ballots,  what  done  with 408 

domicile,  change  of,  effect  on  right  to  vote 404 

election  districts  in   .  . . 399 

election  contest,  decision  and  publication  of .  . .  .' 413 

election  contests,  powers  of  Council  as  to 413 

election  to  be  by  ballot  and  phu'ality  elects 406 

,  election   (failure  to  hold)   not  to  dissolve  corporation 406 

election  officers  may  be  dismissed  by  Department  of  Elections.  .401 

expense  of  registration  and  election,  all  to  be  paid  by  City 406 

factions,  which  entitled  to  device 404 

general  election  laws  applicable  to,  in  Wilmington 387,398,414 

hours  of  voting   406 

how   conducted    397-398 

impersonation  of  voter,  penalty  for 401 

legally  qualified  elector  not  disqualified  by  impersonation  of  him- 
self  401 

nominations,  certificates  of   402 

party  title,  device,  &c.,  use  of 403 

pasters  for  ballots,  when  and  how  used 407 

police,  duties  of,  at   .' 211,  298 

political  party,   what  constitutes    402 

poll  lists,  how  certified  and  where  filed 410 

provisions  of  this  Act  not  to  apply  to  elections  held  for  mem- 
bers of  Board  of  Education   414 

registration  laws  apjilicable  to,  in  Wilmington 398 

revision  of  registration  by  Department  of  Elections,  when 400 

returned   certificates   of   election 408-410 

statements  and  tallies,  delivery  of  409 

siqjplemental  certificates  in  case  of  death  or  removal  subsequent 

to  nomination   403 

statements  and  tallies,  delivery  of    ^  .409 

tallies,  to  whom  directed    409 

tie  vote,  how  decided 412-413 

time  of  holding,  first  Saturday  in  June,  every  second  year 

32,  52,  61,  81 
vacancies   among   candidates  at,   after  printing   of  ballots,  how 

filled   406 

vote,  proclamation  of  result  of,  by  inspectors 408 

voting  (hours  of) 406 

voters,  qualifications  of   ' 404 

voters,  number  of,  allowed  to  witness  canvass  of  vote  at 408 


INDEX.  1185 


XAMES  OF  STREETS 


list  of  old    941-942 

when  unlawful  to  change  289 

NAPTHA  (See  Oils) 

NAVIGATIOX 

(See  Harbor  Commissioners,  Harbor  Masters,  Port  Wardens) 

ordinances,  relating   to    915-918 

Harbor  Master,  duties  of,  respecting 199-200,  917-918 

land  taken  for  improvement  of 197 

obstructions  to,  removal  of  by  Port  Wardens. 197 

obstructions  of,  by  vessels  at  anchor 915,  916 

NEGRO  COXCERT 

license  fee  for  exhibition  of 959 

NECROINIANCY  (Exhibition  of) 

license  fee,  for  959 

NE\Y  CASTLE  COUNTY 

property  of,  exempt  from  taxation 83 

NEW  JERSEY  MARKET  (See  Curb  Stone  Market,  Markets) 

Council  may  establish  and  regulate 154 

days  and  hours  for  820 

limits   of    819 

regulations  for 820 

space  allowed  in   820 

Avho  to  use   820 

NEWSPAPERS,  &c. 

with  indecent  words  therein,  prohibited 762 

NIGHT  SOIL  (See  Cesspools,  Excavators) 

license  to  excavators   779 

regiilations  for  removal  of  779 

NINETEENTH  STREET 

com'se  of,  changed    258 

width  of,  changed  258 


1186  INDEX. 

NINTH  STREET  (See  Wood  Street) 

no  railway  or  railroad  track  to  be  laid  on  part  of 508 

part  of,  Avideiied   948 

NINTH  WARD 

limits  of,  extended 24 

NOISES 

loud  and  offensive,  prohibited 762 

unnecessary,  caused  by  street  railway  cars,  unlawful 1029-1030 

NON-RESIDENTS 

taxes  of,  how  collected   98-99 

NUISANCES 

anchoring  of  vessels  in  Christiana 915,  917 

alleys,  powers  of  Board  of  Health  as  to 143 

ashes,  garbage,  &e.,  placed  in  alleys , 776 

ashes,  garbage,  &c.,  placed  in  streets,  are 758,  773,  999 

Board  of  Health  may  abate  and  remove 138,  143,  "71 

burials  at  less  than  a  certain  depth  805 

cellars  that  have  water  in  them,  are 788 

cellars  that  are  offensive 788 

cesspools  or  wells,  not  water  tight  within  150  feet  of  Brandy  wine 

Ci-eek  980 

Council  may  define  and  remove   55 

cruelty  to  animals   972 

dead  bodies,  disinterment  and  removal  of  785,  792 

discharging  ballast  into  the  Christiana  or  Brandywine 916 

draining  water  or  noisome  matter  upon  premises  of  another. ..  .774 

establishments  for  opium  smoking . 767 

fireworks  which  are  kept,  given  away,  sold  or  fired  off 964.  965 

geese  at  large,  (See  745)    747 

gutters  that  are  obstructed  788 

hand  bills,  circulars,  &c.,  on  steps,  porches,  sidewalks  or  streets.  .994 

hog  pens  in  filthy  state  '. 776 

hog  pens,  within  50  feet  of  a  dwelling  house,  declared  to  be 766 

horses  and  other  animals  at  large  747 

horses  hitched  to  trees   969 

houses  of  ill  fame  or  assignation 536,  759 

indieeent  or  disorderly  conduct  on  streets   762 

liens  for  abating  139 

lottery  policy  offices    970 

lounging  on  sidewalk    761 

night  soil,  deposits  of   779 


INDEX.  1187 

NUISAXCES— (Continued) 

obstruction  to  navigation,  when  declared  to  be 915 

obscene  pictures,  posting  of , 702 

offensive   premises    774 

offensive  trades    775-776 

oils  of  a  certain  kind  which  are  mixed  or  kept  for  sale .588 

ordinances,  relating  to  742-7G9 

oyster  cellars  which  are  offensive 776 

penalty  for  refusing  to  abate 771-772 

petroleum  or  other  oils,  stored  away,  when 966 

jjort  wardens  to  abate,  when  190 

privj'i  wells',  powers  of  Board  of  Health  as  to 141 

privy  wells  in  cellars    786 

privy  wells  cleaned  in  July  and  August  without  a  permit 788 

privy  wells  that  are  overfull  and  offensive 777 

proceedings'  against,  when  property  right  claimed 48-49 

public  lamps,  obstruction  of  light  of 96S 

sidewalks  which   are  defective   100(3-1007 

signs,  awnings,  bulk  wandows,  &e.,  when 760.  1015,  lOlQ 

signs,  show  bills  and  advertisements  on  trees  or  poles 994 

skins  in  offensive  state    773 

slaughter  houses    (noisome)    775 

slaughter  houses,  erection  of 774-775 

slaughter  house  contents,  &c.,  which  are  cast  into  streets 773 

slaughter  houses,  violations  respecting  regulations  of 789 

stallions,  exhibited  upon   the   streets   or  alleys   of  the   City   de- 
clared to  be    520,  749 

in  streets  to  be  abated  by  Board  of  Health 143 

street  railway  cars  making  unnecessary  noises  in  operation  1029-1030 

swine  at  large  764 

tar,  manufacture  or  boiling  of   966-967 

tippling  or  disorderly  houses,  are 749-750 

unlawful  occupation  of  street  by  owner  of  carriage,  &c 953 

unlicensed  shows,  &c 751 

water  in  cellars    (stagnant)    773,  788 

water  in  excavations    (stagnant)    774 

weeds  on  vacant  lots,  are    786 

wheelbarrows   on   sidewalk    763 

XUIMBERS 

of  houses,  system  of   578-583 

when  unlawful  to  change   2S9 

NURSES 

to   report  births    109.  794 


1188  INDEX. 

o 

OATHS  OF  OFFICE  (See  Titles  of  Respective  Offices) 

committee  on  bonds,  duties  of,  respecting 612-613 

for  "public  officers"  (See  Title,  "Constitution  of  Delaware") 

form  of,  and  by  whom  administered 31-32,  613 

of  sellers  of  meat  in  farmers'  and  truckers'  market 152-153 

OBLIGATIONS  (See  Bonds) 

of  City,  not  to  be  impaired,  &c 145 

OBSCENE  POSTERS 

pi'ohibited  in  public,  and  i-emoval  of 762 

OBSCENITY 

in  words,  pictures,  posters,  &c.,  prohibited 762 

OBSTRUCTIONS 

of  gutters,  prohibited   788 

responsibility  for  damages  by 124 

on   sidewalks,  prohibited    743, 1001,  1020, 1021, 1023 

on  streets,  prohibited   744,  1001, 1020 

OFFAL  (See  Ashes,  Garbage) 

placing  of,  in  sewers,  prohibited 1053 

placing  of,  in  streets,  prohibited 758,  823,  999 

OFFENSIVE  TRADES 

exercise  of,  a  common  nuisance 775-776 

penalty  for  carrying  on,  Avithout  consent  of  Mayor  and  Council.  .772 

OFFICES 

vacancies  in,  how  filled,  in  general 35,  607 

OFFICE  HOURS 

of  Auditor   571 

Bailiff  of  Council    577 

Treasurer   576 

OFFICERS  (See  City  Officers) 

OFFICIAL  BONDS  (See  Titles  of  Respective  Officials) 


INDEX.  1189 

OFFICIAL  OATH  (See  Oath  of  Office  and  Title,  "Constitution  of  Dela- 
ware." 

OILS  (See  Inspector  of  Oils) 

appoitment  of  inspector  of 157,  588 

duties  of  State  chemist,  as  to  550-551 

fee  for  inspection  of   551 

inspection  and  regulation  of  sale  of 588-591 

high  constable,  -when  duty  of  to  inspect  premises,  containing.  .  .966 

penalties  for  violations  of  ordfnance  relating  to 588,589,591 

reports  of  inspection  of   590 

returns   of  wholesale  dealers  in    590 

sales  of  certain  kinds  of,  prohibited   549 

seals  on  barrels,  containing    589 

test  of    550 

regulations  of  storing  of   966 

uninspected,  penalty  for  selling   589 

who  considered  wholesale  dealers  in 590 

OLD  ACADEMY 

title  to,  vested  in  the  City 523 

OLD  FERRY  ROAD  (See  New  Castle  Avenue) 

vacation    of    265 

OLD  KINGS  ROAD 

vacation    of    265 

OLEO^NIARGARINE 

sale  of,  when  prohibited   825 

OPERA  HOUSE  (See  Shows) 

fee  for  license  for    959 

OPIU]\I 

establishment  for  smoking  of.  prohibited  767 

owners  of,  houses,  when  liable   708 

penalty,  for  violating  provisions  of  this   ordinance 768 

prosecutions  for  sale  of,  how  brought 768,  769 

sale  or  gift  of.  when  unlawful   768 

ORANGE  STREET 

part  of,  vacated  264,  945 

width  of  934 


1190  INDEX. 


ORDIXANCES 


appeals  from  judgmerits  for  violations  of 49 

appropriation    74-75 

extraordinary  appropriation    75 

drafting  of,  by  City  Solicitor 574 

copies  of,  to  be  furnished  to  Mayor 567,  568 

duties  of  Clerk  of  Council,  respecting  ai)in-opriation 566,567 

how  passed   54,  57 

l^leading  of,  resolutions  need  not  set  them  out  in  full 145 

printed  copies  of,  and  admissible  in  evidence 144 

private,  printing  of   958 

prosecutions  for  violations  of,  how  brought 46 

publication  of  77,  614 

violations  of,  how  punished   40 

how  repealed    54 

O^^^N'ER  OF  PREMISES 

when  liable  in  damages,  for  hole  in,  or  obstruction  on  sidewalk.  .124 

ORGANIZED  IMILITIA  OF  DELAWARE 

City  may  make  .appropriations  to 548 

OVERHEAD  BRIDGES  (See  Bridges) 

OYSTER  HOUSES 

regulations  for  removal  of  shells  from 776 


PAGEAXTRY  (Exhibitions  of) 

license  fee  for    959 

PARENTS  OF  CHILD 

to  report  birth  of  child 109,  794 

PARKS  (See  Public  Parks) 

PARK  COMMISSIONERS 

appointment  of   169 

appropriations   to    170 

bond  of  treasurer  of    169 

borrowing  money  for  parks,  may  be  recommended  by 173 

BrandyAvine  Park,  land  may  be  bought  by,  for  extension  of.  .981,982 


INDEX.  1191 

PARK  COMMISSIOXERS— (Contimiecl) 

compensation,  none  paid  to   169 

composition  of  Board  of IfiS 

creation  of  Board  of   168 

expenditures  by    169 

Gilpin  avenue,  powers  of,  respecting 256 

jurisdiction   of    172 

organization  and  officers  of   168 

paving  and  curbing  by 121-122 

powers  and  duties  of,  as  to  purchase  of  land  by 171 

powers  of,  as  to  certain  new  territory 22 

public  parks  to  be  under  control  of 170 

exempt  from  taxation   170 

removal  of  members  of 173 

reports  of,  to  Council    173 

special  policemen  may  be  appointed  by 172 

use  of  parks  may  be  regulated  by 172 

A'acancies  in  Board  of,  how  filled  169 

PARK  PLACE   (See  Haslet  Street) 

PARK  LANE 

name  of,  changed  to  Harrison  street    1059 

PARTY  ^^lALLS 

duties  of  Building  Inspector,  resi^ecting 847-848 

duties  of  surveyors  and  regulators,  respecting,  and  also  fences 

133, 135 

insufficient,  removal  and  repair  of    847-848 

of  stone   850 

penalty  for  violation  of  regulations,  respecting.  : 135,  904 

powers  of  Council,  respecting  ' 56 

regulations   of    133 

PASTURE  STREET  (See  Washington  Street) 

name  of,  changed  to  Washington  street   943 

width   of    934 

PATROLMEN  (See  Policemen) 

appointment  of,  by  Park  Commissioners 172 

appointment  of,  by  Water  Department 183-184 

PAVING 

by  abutting  property  owners   123 

of  alleys,  by  Board  of  Health 780 


1192  INDEX. 

PAVING— ( Continued ) 

certificates  for,  to  owners   12G-127 

between  curbs,  how  done  and  paid  for  119 

of  footways,  how  done  and  paid  for 119 

liens   for,  may   be  cancelled   by   Street   and   Sewer  Department, 

when    246 

mode  of,  may  be  regulated  by  Street  and  Sewer  Department.  . .  .123 

by  Park  Commissioners    122 

sale  of  property,  for   ^ 120 

Street  and  Sewer  Department  may  compel  by  abutting  property 

owner    123 

Street  and  Sewer  Department,  may  do,  itself   124 

PAVEMENTS  (See  Sidewalks) 

PAY-ROLLS 

of  City  officers    016 

duties  of  Clerk  of  Council,  respecting   615-616 

Council,    resjDeeting    615-616 

committees   of  Council,  respecting 615-616 

Treasurer,   respecting    616 

Finance  Committee  to   endorse .616 

fraudulent,  penaltj'  for  making  616 

of  Street  Department   613 

system  of,  established 615 

times  of  payment  of   615 

of  Water  Department    .' 1079 

PAWN  BROKERS 

act  to  regulate  business  of 221 

books,  to  whom,  must  be  shown  221-222 

books,  to  be  furnished'  by  Police  Department .221 

to  keep  books  as  to  goods  pawned 221 

penalty  for  violating  provisions  of  the  law 222 

police  officers  have  right  to  search  building 222 

PEACHES  (See  Fruit  and  Grain  Market) 

PENS  (See  Hog  Pens) 

PENALTIES 

informers  to  receive  one-half  of,  when 963,  972,  976,  977 

to  be  paid  into  City  Treasury 144 

Law  and  Order  Society  to  receive  one-half  of,  when 535-536 


INDEX.  1193 

PEXSIOX  FUND  (Police) 

how  made  up   219 

investment  of,  how  and  by  whom  made 220 

for  police  officers  and  matrons 217-220 

matrons  maj'  participate  in   220 

Treasurer  of  City  to  be  custodian  of 219 

PENNSYLVANIA  AVENUE  (See  Kennett  Road) 

steps  and  cellar  doors  on 1017 

PERISIITS  (See  Licenses) 

for  building   837,  839 

for  dead    persons    785,  792,  795 

for  burials,  how  issued  109,  795 

for  deposit  of  building  materials  in  streets 1001-1002 

for  digging  up  streets. 100-1, 1047 

when  refused   1048 

to  dig  cesspool  upon  premises 127 

for  erection  or  repair  of  houses,  may  be  refused  until  all  taxes 

are  paid   156 

for  paving  or  repairing  sidewalks   1009 

for  seAver  connections    241, 1047, 1048-1049, 1054 

special,  when  granted  by  Street  and  Sewer  Department.  ..  1054-1055 

rates  to  be  charged  for,  for  opening  streets. 1005, 1006 

for  water,  rescission  of  1082 

for  water  supply,  application  for   1083 

for  water  supply,  how  issued   ■.  1083 

PETROLEUM  (See  OUs) 

PHILADELPHIA,  WIL:MIXGT0N  &  BALTIMORE  R.  R.  COMPANY 

Act  authorizing  lease  of  wharf  to 523 

contract  with,  as  to  Spruce  street 257 

land  for  overhead  bridge  may  be  acquired  by 512 

property  of,  what  subject  to  taxation  and  exemption 523 

overhead  bridges  may  be  built  by 510-511 

PHOENES  FIRE  COilPANY 

location   of    628 

PHYSICIANS  (See  Port  Physician  and  Vaccine  Physician) 

of  police  (See  Police  Physician) 216 

to  report  births    794 

to  report  deaths   109,  795 

to  rejjort  their  names  and  residences. 794 


1194  INDEX. 

PIERS  (See  Harbor,  Wharves) 

lines  of   187-198,  201 

PIGS  (See  Hogs) 

PIGEONS 

are  "dumb  animals"    '. 972 

PILES  (See  Harbor,  Wharves) 

PINE  STREET 

width  and  location  of 9'41 

PIPES 

for  steam,  to  be  underground  in  streets 130 

in  streets  and  sidewalks,  regulations  oi.  .254,  519-520,  944, 1004, 1047 

of  Wilmington  Coal  Gas  Company 519-520 

taxes  to  be  paid  on  85,  86 

PISTOLS 

firing  of,  prohibited   751,  964 

PITCH  (See  Tar) 

PLACARDS  ON  HOUSES 

how  long,  to  remain   787 

Secretary  of  Board  of  Health  may  place,  when 787 

size  of    '. 787 

penalty  for  removing   ■ 787 

PLANS 

duties  of  Chief  Engineer  and  Surveyor,  respecting.  ..  105-106,  619-620 
new  streets  not  to  be  placed  upon,  when 935 

PLATE 

taxation  of,  for  public  schools 91 

PLOTS  OF  STREETS 

contiguous  to  City,  how  made  for  record 251 

PLUMBERS 

(See  Plumbing  Inspector,  Plumbing  Rules  and  Regulations) 
application  of,  to  Street  and  Sewer  Department  for  license  to  fol- 
low occupation  of  plumbing 1038 


INDEX.  1195 


PLUMBERS— (Continued) 


what  to   state    1038 

cesspools  may  be  connected  by,  witli  sewer 1054 

deposit  of  $25  (and  payment  of  $5)  with  Street  and  Sewer  De- 
partment necessary  for  license  to  follow  occupation  of  plumb- 
ing     1038, 1039 

Street  and  Sewer  Department  may  make  use  of  deposit,  when.  .1040 

license  to,  by  Street  and  Sewer  Department 1038 

when  forfeited  1053 

licenses,  system  of  may  be  adopted  by  Street  and  Sewer  Depart- 
ment, as  to   244 

term  of  license  of   1038. 

fees  to  be  paid  by,  for  testing 592 

indemnity  bonds  may  be  required  by  Street  and  Sewer  Depart- 
ment of  all   130,  244, 1039, 1052 

licensed  plumbers  only  persons  allowed  to  engage  in  the  plumbing 

business    1038-1039 

exception    1038-1039 

name  of,  not  to  be  used  by  another,  when 1054 

permits  granted  to,  to  open  streets  upon  application  made  there- 
for  1047 

plans,  &c..  of  work  to  be  done  by,  to  be  submitted  to  Plumbing 

Inspector    1040-1041 

Plumbing  Inspector  to  be   notified  by,  when   work  is  ready   for 

testing   1041,  1046,  1051 

fine  to  be  paid  by,  if  not  readj^ 1051 

refusal  to  permit  Plumbing  Inspector  to  inspect  work  done  by, 

will  cause  suspension  or  forfeiture  of  license 1053 

registration  of,  with  Plumbing  Inspector  upon  receipt  of  license 

required 1040 

removal  by,  of  imperfect  work 1046 

Street  and  Sewer  Department  may  regulate 155-156 

subletting  of  work  done  by,  not  permitted   without   consent   of 

Plumbing  Inspector    1054 

surety  bond  to  be  given  by,  to   Street   and   Sewer  Department, 

upon  receipt  of  license   1039 

character  and  conditions  of  the  bond 1039 

unlawful  to  open  streets  by,  without  permit 1053 

PLUilBIXG  DsSPECTOR 

(See  Plumbers,  Plumbing  Rules  and  Regiilations) 

appointment  of    1036 

approval  by,  of  plans  filed  by  plumbers 1040-1041 

bond  of    1037 

duties  of,  as  to  plumbing,  &c 1037 


1196  INDEX. 

PLUMBING  IXSEPECTOR—  (Continued) 

fees  of,  returned  by  tlie   Street  and  Sewer  Department   to  City 

(See  592) 60 

Gas  Inspector,  duties  of,  to  be  discharged  by 592 

notice  to.  by  plumbers  when  ready  for  tests 1041,  1040.  1051 

oath  of  1037 

occupation  of  jilumbing  not  to  be  engaged  in  by,  while 1037 

penalty  for  failure  by,  to  make  inspections 1041 

l^enalty  for  interfering  with,  in  the  discharge  of  the  duties  of  his 

office   1037, 1053 

removal  of,  from  office   1036 

registration  of  plumbers,  &c.,  with   1040 

salary  of   1037 

special  permits.  Street  and   Sewer  Department  may  grant  upon 

proof  to    1055 

term  of  office  of   1036 

tests  to  be  made  by :  1041,  1046 

PLU]\IBIXG  RULES  AXD  REGULATIONS 

(See  Plumbers,  Plumbing  Inspector) 

air  tests,  when  made 1046 

anti-freezing  hoppers  may  be  used  1045 

back  filling   1050 

cast  or  wrought  iron  pipes  to  be  sound  and  free  from  holes,  how 

laid,  &c 1042 

certificate   of  Plumbing  Inspector  that  work   has   been  properly 

done,  when  issued    1046 

cesspools,  when  may  be  connected  witli  sewer 1054 

when  may  be  dug  upon  premises  127 

connections  not  to  be  made  with  sewers,  &c.,  without  the  permis- 
sion of  the  Street  and  Sewer  Department 1053 

drain,  soil,  waste,  vent  or  supply  pipes,  how  laid 1042, 1050 

excavations  not  to  be  made  until  apj^lication  has  been  made  to 

Street  and  Sewer  Department   (See  Excavations) 254, 1047 

Avhat  application  to  state,  and  conditions  upon  which  granted 

1048 
excavations  to  have  danger  or  signal  light  and  be  enclosed  by  the 

master  plumljer   1052 

excavations  of  sidewalk,  how  to  be  made 1051 

allowed   to   be   made   upon   condition   that   plumber 

will  be  liable  for  all  accidents  and  damages 1052 

fee  for  inspection  of  plumbing  work 592 

garbage,  &c.,  not  to  be  thrown  or  discharged  in  sewer.  ...  1053-1054 

improper  work  to  be  removed   1046 

inspection  of  plumbing  to  be  made  by  Plumbing  Inspector 1053 


INDEX.  1197 

PLUMBING  RULES  AXD  REGUK.\TIOXS— (Continued) 
(See  Plumbers,  Plumbing  Inspector) 

inspection  and  testing  of  plumbing  by  Plumbing  Inspector,  when 

made   1041,  1046 

houses,  size  of,  for  outside  closets 1045 

master  licensed  plumbers,  only,  allowed  to  make  excavations .  .  1046 

exceptions  as  to  certain  public  service  corporations 1047 

partnership   drains    not   allowed   unless    permission   be    obtained 

from  Street  and  Sewer  Department 1050 

penalty  for  violation  of  regulations  of 1052, 1053, 1054 

permit  to  be  obtained  before  street  can  be  opened 1053 

special,   when   obtained    1054-1055 

plans  of  work  to  be  done  to  be  filed  with  Plumbing  Inspector 

1040,  1041 

private  sewer  connections,  how  made 1050 

property  not  to  be  connected  with  sewers  unless  certain  condi- 
tions be  first  complied  with 1048-1049 

public  service  corporations  may  make  excavations  in  streets  upon 
obtaining  permit  from  the  Street  and  Sew'er  Department.  .1047 

rain  water  leaders  not  to  be  used  as  soil  or  waste  pipes 1045 

refrigerators  not  to  be  connected  with  waste  or  sewer  pipes...  1044 

registration  of  persons  engaged  in  plumbing   1040 

regulations  concerning  (See  Act  in  General) 

sewer  liens  to  be  paid  before  connections  can  be  made 1049 

sidewalk  not  to  be  excavated  until  sewer  permit  has  first  been 

obtained  1051 

sidewalk  opened  and  taken  up,  to  be  replaced  and  kept  in  good 

condition  for  one  year  thereafter 1052 

if  not  done.  Street  and  Sewer  Department  may  do  work  and 

deduct  cost  from  plumber's  deposit 1052,  1053 

steam,  exhaust,  drip  or  blow  off  pipe  not  to  be  connected  with 

sewer    1045.  1053 

Street  and  Sewer  Department  has  authority  to  make  all  needful 

243,  244 
time  for  connecting  with  sewers,  when  Board  of  Health  has  or- 
dered it  done   1049 

traps,  how  to  be  placed   1044 

not  allowed  on  vertical  soil  and  Avaste  pipes 1043 

'  vertical  soil,  waste  and  vent  pipes,  of   what  material  and  how 

run   1043 

water  closets  in  yard,  how  to  be  flushed 1045 

regulations  as  to,  in  unventilated  rooms 1045 

regulations  of,  as  to  connections  with  soil  pipes 

1041,  1043 
regulations  of,  as  to  connections  with  sewer,  vaults, 
or   cesspools    1041-1042, 1050 


1198  INDEX. 

PLUMBING  RULES  AND  REGULATIONS— (Continued) 

(See  Plumbers,  Plumbing  Inspector) 

water    closets,    urinals,    sinks,    basins,    baths,    &c..    how    to    be 
trapped    1044 

POLES 

bills  and  signs  i^rohibited  from  being  posted  on 633,  994 

ordinances,  of  a  certain  kind  respecting,  omitted  (See  Preface) 

l>enalty  for  posting  bills,  signs,  &e.,  on   994 

penalty  for  injuring  lamp  posts  968 

for  protection  of  work,  penalty  for  displacing   948 

tax  on,  may  be  imposed  by  the  City 84,  85,  86, 104 

removal  of,  if  tax  be  not  paid 104 

POLICE  (See  Constable,  Policemen,  Police  Force,  Police  Commissioners) 

to  assist  Clerk  of  ]\Iarket,  when  828 

committee  on   611 

chairman  of  committee  on,  a  member  of  trustees  of  pension  fund. 219 
special,  in  parks,  powers  of - 172 

POLICE  DEPARTMENT  (See  Police,  Police  Commissioners,  Police  Force) 

Acts,  relating  to   205-223 

pay  roll  of 615 

(see  note  as  to  omission  of  ordinances  relating  to) 648 

POLICEMEN  (See  Constables,  Police  Force,  PoUce  Commissioners) 

appointment  and  removal  of  209 

badges,  vnilawful  use  of  by  others,  than   211 

board  of  trustees  of  police  pension  fund  includes  five 219 

compensation  (additional)  when  may  be  paid 210 

contracts  of  City,  of  certain  kind,  not  to  applj'  to .548 

duties  of,  as  to  animals   972 

at    elections    211. 298 

at  fires    637 

as  to  foundtains   971 

inspector  of  elections  may  require,  to  obey  his  orders  under  pen- 

enalty  for  not  so  doing 298 

lottery  policy  offices  and  duty  of,  as  to 970 

notice  to  be  given  to,  before  retiring  them 217-218 

number  of  209 

officers  of  Board  of  Health 770 

penalty  for  breach  of  duty,  by  212 

pensioned,  when,  may  be   217,  220 

physical  examination  required  of,  before  being  retired 218 

political  work  of  211 


INDEX.  1199 

POLICEMEX    (See   Constables,   Police   Force,   Police  Commissioners)— 

(Contiiiiied) 

qualifications  of  210 

re-examination  of,  maj'  be  had  by,  after  being  retired,  when 21S 

salaries  of   210 

saloons,  not  to  be  entered  by ; 211 

suspension  and  dismissal  of    44,  212 

POLICE  FORCE  (See  Police,  Policemen,  Police  Commissioners) 

appointment  and  equipment  of 209 

composition  of 209 

control  of 205 

increase  of   209,  210 

payment  of  exj^enses  of 216 

physician  of   216 

rules  of 215 

unlawful  use  of  badges,  uniforms  and  whistles  of 211 

POLICE  COMjMISSIOXERS 

appointment  of    206 

apjDropriation  to,  by  tlie  Council   59 

bond  and  oath  of 206-207 

books  to  be  furnished  to  pawn-brokers,  by  221 

composition  of  Board  of  205 

contingent  fund  of   216 

expenses  of,  how  paid   216 

fire  alarm  system  to  be  controlled  by 209 

superintendent     of,     appointed     by     Commis- 
sioners     219, 600 

janitor  of  Municipal  Court,  &c.,  appointed  by 600 

matrons  to  be  appointed  uj^  215 

may  be  removed  by   215 

members  of  board  of  trustees  of  police  pension  fund 218 

moving  picture  shows,  powers  of,  as  to.  .  .  ., 962 

officers  of   207 

officers  may  be  removed  by 209,  212,  600 

ordinances  to  remain  in  force  until  changed  by 215 

pensioning  of  police  officers  by 217 

physician  to  be  appointed  by  216 

l^olice  force  to  be  appointed  and  equipped  by 209 

powers  and  duties  of  207-208 

qualifications  and  removal  of  206 

removal   of    206 

removal  of  matrons  by  215 

salaries  of   209 

salaries  cannot  be  increased  by  .  i 210 


1200  INDEX. 

POLICE  COMMISSIONERS— ( Continued) 

secretary  of   207 

special  officers  for  park,  may  be  appointed  by 211 

successors  in  office  of,  how  appointed 206 

terms  of  office  of 205 

vacancies  in  Board  of,  how  filled 206 

POLICE  :mATROXS  (See  Matrons,  and  Police  Force) 

may  participate  in  pension  fund   220 

number,  appointment  and  duties  of 215 

POLICE  PENSION  FUND 

Avho  to  be  board  of  trustees  of 218 

POLICE  PHYSICIAN  (See  Police  Force) 

appointment,  qvialification  and  duties  of 216 

salary  of  216 

POLICE  STATION 

appointment  of  janitor  of   600 

POLICY  OFFICES  (See  Lottery  Policy) 

POLL  TAX 

assessment  of,  for  city   88 

for  public  schools  90-91 

POLLUTION  OF  BRANDY  WINE  CTIEEK 980 

POOL  ROOMS  AND  TABLES 

City  may  license   553 

POPLAR  STREET 

width  and  location  of   940 

POPL-\R  TREES 

planting  of,  prohibited 995 

PORCHES 

regulations  for  erection  of  859,  938 

regulations  of,  on  Gilpin  avenue   256 

regulations  of,  when  pi'ojecting  into  street.  .938,  1013, 1014, 1015, 1017 

PORK  (See  Inspector  of  Meat,  Meats) 


INDEX.  1201 

PORT  PHYSICIAX 

a  member  of  Board  of  Health 137,  770 

PORT  WARDENS  (See  Harbor  Commissioners  and  Wharves) 

application  of  proceeds  of  sale  of  removed  materials  by 192 

compensation   of    196 

damaged  vessels  and  cargoes,  may  be  viewed  bj' 196 

disputes  as  to  water  fronts,  to  be  settled  by 195 

election  and  terms  of 193-194 

election  of  master  w^arden,  to  be  by 194 

expenses  of,  how  jDaid   197-198 

harbor  master,  to  be  nominated  by 199 

majority  of,  act    194 

moorings  of  ships,  may  be  regulated  by 196 

nomination  of,  by  Board  of  Trade 194 

notice  of  sale  of  removed  material 192 

oaths  of   194 

obstructions  to  navigation  to  be  removed  by 191 

penalty  for  violations  of  regulations  of 200 

penalty  for  erecting  wharves  without  license  from 190 

purchase  of  land,  may  be  recommended  by 196 

regulations   as   to  readjustment  of  wharf  lines,  may  be  waived 

by 188 

removed  materials  may  be  sold  by   192 

suit  for  cost.?  of  abatements  and  removals,  may  be  brought  by.  .192 

return  and  plots  of  new  wharf  lines 198 

salaries  of  engineers  to  be  fixed  by .■ 198 

new^  wharf  line  may  be  made  by 198 

wharf  licenses  may  be  granted  by 194 

wharf  nuisances  may  be  abated  by 190 

vacancies   in,  how  filled    194 

POSSE  COMITATUS 

when  Mayor  may  summon,   (doubtful)    67 

POSTERS 

obscene  or  indecent,  prohibited    702 

when  removed  by  Chief  of  Police   763 

POST  OFFICE 

buildings  exempt  from  taxation    485, 486 

POULTRY  (See  Inspector  of  Meat) 

unsound,  sale  of.  prohibited   805,  806 


1202  INDEX. 

P0\M3ER  (See  Gunpowder) 

PRECEPT 

issuance  of,  for  paying  and  curbing   119 

PREFACE   iii 

PRESIDENT  OF  COUNCIL 

auctioneers'  licenses  to  be  signed  by 954 

bonds  of  assessors  and  collectors,  to  be  approved  by 102 

bonds  of  engineers  and  sui'veyors  to  be  approved  by GIS 

bonds  of  garbage  collectors,  to  be  approved  by 800 

subpoenas  to  be  signed  by,  in  cases  of  contested  elections 413 

City  map  to  be  signed  by   129 

City  officer   30,  52 

election  of   52 

elections,  duty  of,  respecting   410 

manager  of  free  library,  a  ' 525 

Mayor  pro  tempore,  when  to  act  as 34 

member  of  Board  of  Assessment,  Revision  and  Appeals 80-81 

member  of  Park  Commissioners  1(58 

money  orders  to  be  signed  by 63 

salary  of    r ' 08-69,  608 

tax  warrants  to  be  signed  by 92 

vacancy  in  office  of,  how  filled  35 

PRICE'S  RUN  SEWER 

ordinance  authorizing  borrowing  money  for 739 

PRIMARY  ELECTIONS 

Act  to  provide  for  purity  of   341-368 

applies  solelj'  to  New  Castle  County .368 

.not  to  apply  to  election  of  delegates  to  State  Convention.  .  .367 

absent  officer  of,  place  filled  how 342-343 

appointment  of  officers  of   343 

of  clerks  of   346 

of  inspectors  for  Wilmington 348 

manner  of    343 

of  qualifier  of  officers  of   346 

time  of   345 

of  watchft-  at   363 

ballot,  the  manner  of  electing  at 342 

ballot  box  for   359 

description  of    359 

locked  throughout  election  360 

position  of,  during  election    360 


INDEX.  1203 

PRIMARY  ELECTIONS—  (Continued) 

Sheriff  to  provide  and  deliver  359 

ballots,  to  be  printed,  &c.,  at  least  five  (5)  days  before 367 

to  be  printed  bj-  party's  governing  authority 367 

names  on,  to  be  alphabetically  arranged 367 

manner  of  marking,  to  indicate  elector's  choice 367 

not  counted,  when 367 

to  be  received  from  voters  taking  prescribed  oatli 364 

rejected,  if  oath  not  taken  when  required 364 

to  be  taicen  separately  from  box  at  count 360 

when  counted,  to  be  placed  in  another  box 360 

board  of  election  officers  to  hold 342 

how  composed   342 

candidates  shall  notify  party's  governing  authoritj-  of  desire  to 

be  such   367 

names  of,  for  one  office,  printed  under  title  of  office. 367 
certificates,  blanks  furnished  by  party's  governing  authority ...  .362 

delivery  of,  by  inspector  361 

filling  and  signing  of,  by  officers   361 

challenge  by  any  member  of  party  holding  election 304 

ballot  received,  when  oath  taken   on 364 

ballot  rejected,  if  oath  not  taken  on  demand 304 

decided  by  officers  of  election 364 

illegal,  a  misdemeanor  and  punishable 364-365 

oath  of  elector  on 364 

on,  voter  to  stand  aside  until  others  vote 364 

clerks   of    346 

appointment    of    346 

duties    of 360 

compensation  of   365 

Clerk  of  the  Peace. 

"voting  books"  to  be  delivered  to 355 

original  "voting  books"  for  Wilmington  to  be 
delivered  upon  demand  to  Department  of  Elec- 
tions  by    352 

penalty  for  refusal,  &c.,  to  deliver  by 359 

comparison  and  correction  of  "voting  books"  of 349,  350 

compensation  of  officers  and  clerks  of 365 

of  qualifier   of  officers  of 346 

by  whom  paid    346,  365 

contests  to  be  heard  and  decided  by  party's  governing  boad'd.  . .  .366 

convention.  City  or  count j',  expenses  of 368 

State,  act  does  not  apply  to 367 

expense    of    367 

correction  of  errors  in  "voting  books"  of 350 

Department  of  Elections    (City)   to  make.. 350 
inspector  to  make    350 


120-1  INDEX. 

PRIMAHY  ELECTIONS— (Continued) 

County  Committee  to  furnish  tally  sheets,  &c 362 

expenses  of'  election  of  delegates   to  Citj'  or 

County  Convention  paid  by    3G8 

expenses  of    election    of    delegates   to   State 

Convention  paid  by    367 

failure  of,  to  discharge  duty,  a  misdemeanor  366 

tie  votes  and  contests  to  be  decided  by 366 

Coimty,  New  Castle,  Act  applies  solely  to  368 

definition  of    341 

delivery  of  "voting  books"  of.  by  Sheriff  to  registrar 348 

by  registrar  to  Sheriff 349 

by  Department  of  Elections  (City) 

to   inspector    349 

by  insjaector   355 

by    inspector    to    Department    of 

Elections    (City)    350 

through   Department   of   Elections 

(City)    to   Clerk  of  Peace 355 

by  Clerk  of  Peace  to  Department 

of  Elections    (City)    352 

Department  of  Elections  for  Wilmington,  duties  of 

348,  349, 350-352,  353, 362-363 

(See  Department  of  Elections,  329-341) 

penalty  for  neglect,  &c.,  to  deliver  "voting  books"  by 359 

description  of  ballot  box  for  359 

"voting  books"  for   .• 348,  349 

poll  books   362 

division  of  Wilmington  into  election  districts 351 

duties  of  officers  of   354,  360,  301,  364,  365 

election  officers,  board  of,  to  hold 342 

how  composed    342 

election  officers,  jjowers  of  365 

removal  of,  &c 365 

errors,  correction  of,  in  "voting  books"  of 350 

expenses   of,  incident  to  a  general  election  to  be  jjaid  by  Levy 

Court  of  county   365 

incident   to   Wilmington   city    election    to   be   paid   by 

Mayor  and  Council  of  Wilmington 365 

for  election  of  delegates  to  State  Convention  to  be  paid 

by  party's  governing  authority 367 

for  election  of  delegates  to  City  or  County  Convention 

to  be  paid  by  party's  governing  authority 368 

form  of  "voting  books"  of 348,  349 

general  election  laws,  offences  against,  are  offences  in 358 


INDEX.  1205 

PRIMARY  ELECTIONS— (Continued) 

illegal  voting  or  attempt  to  vote,  &c.,  misdemeanors. ..  .350,  357,  358 

inspectors   of    342,  343 

oath  of,  and  by  whom  administered 345,  346 

vacancy  in  office  of,  how  filled 344 

duties  of    349,  354,  355,  361 

compensation  of   365 

penalty  for  dereliction  of   354,  355 

for  Wilmington,  how  appointed   343 

term  of  olfice  of  343 

inspectors  of  election  for  Wilmington 348 

by  whom  appointed    348 

when  appointed    348 

duties  of 349, 350 

term  of  certain,  ended   351 

instructions,   printed,  furnished   by   party's   governing   authority 

to  officers  of   > 362 

intoxicating  liquor,  forbidden  in  any  place  of  election 359 

election  not  to  be  held  in  place  for  sale  of.  .  .358 
drinking,  &  c,  forbidden  in  election  place ....  359 
laws  prohibiting  sale  of,  on  election  days,  not 

to  apply  to  368 

penalty   for  violation  of  provisions   concern- 
ing, at    359 

judge  of   342,  343 

oath  of,  and  by  whom  administered 345,  346 

compensation  of    365 

for  Wilmington,  appointment    343 

residence  of  343 

term  of  office  of 343 

Levy  Court  to  pay  expenses  of,  when 346,  365 

Mayor  and  Council  of  Wilmington  to  pay  expenses  of,  when 365 

nominee,  candidate  receiving  highest  vote  to  be 366 

ascertained  and  declared  by  party's  governing  author- 
ity    366 

death,   &c..  of.   vacancy   filled,   how 366 

notary  public  to  administer  oath  to  County  Committee 366 

notice  of  time  and  places  for  holding 342 

nrtmber  of  votes,  to  be  publicly  proclaimed  at  closing  of  polls.  .  .360 
to  be  announced,  on  request,  to  any  when  vot- 
ing    362 

oath  of  officers  of    345, 347 

of  clerks  of .346 

of  County  Committee  in  special  case  366 

of  elector,  when  required  by  officers  of 304 

when    challenged    364 

of  inspector  in  verifying  voting  books  of 350 


1206  INDEX. 

PRIMARY  ELECTIONS— (Coiitiimed) 

of  substitute,  when  officer  removed 365 

oaths,  by  whom  administered    34G,  347,  365,  366 

when  and  to  whom  delivered 346,  347,  365,  366 

offences  under  general  election  laws  offences  under  this  Act.... 358 
officers  of 

qualifications  of  certain   343 

oath  of,  and  by  whom  administered 345,  346,  365 

time  of  appointment  of   345 

term  of  office  of   343 

absent,  manner  of  filling  places  of 342-343 

penalty  for  neglect,  &c.,  to  serve  as 344 

have  powers,  &c.,  of  county  constable 365 

may  arrest  any  guilty  of  unhiwful  conduct 365 

compensation  of 365 

duties  of   346,  354,  360,  361,  364,  365 

removal  of,  for  violation  of  provisions  of  this  Act 365 

penalty  for  neglect  to  serve  as  officer  of 344 

for  failure  to  qualify  as  qualifier  of 347 

for  stealing,  &c.,  certain  books.  &e.,  of 351 

for  failure  of  inspector  to  perform  certain  duties ...  354,  355 

for  unlawfully   excluding  watcher  from  room 363 

for  unlawfully  challenging  elector  364-365 

for  receiving  illegal  vote    355 

for   refusing   elector's    vote    unlawfully 355,  356 

for  illegal  voting  or  attempt  to  vote 356,  357,  358 

for   offences   under   general   election   law   applied   to   of- 
fences under  this  Act    358 

for  being  inside  of  ropes  except  when  voting 363 

for    violation    of    requirements    concerning    intoxicating 

liquor    359 

for  malfeasance  of  County  Committee  in  certain  cases.. 366 
for  neglect,  &c.,  of  Department   of  Elections  to   deliver 

"voting  books"    359 

for   neglect,   &c.,   of   Clerk   of   Peace   to   deliver   "voting 

books"    359 

for  neglect,  &c.,  of  Sheriff  to  deliver  "voting  books".  ..  .359 

ignorance  of  usage,  no  defence  to  any,  when 354 

place  for  holding 358 

not  to  be  where  intoxicating  liquor  is  sold 35S 

poll  books,  described   362 

polls,  time  for  opening  and  closing,  for 353 

number  of  votes  cast  to  be  publicly  proclaimed  at  closing 

of 360 

powers  of  election   officers  of 365 

primary  election  districts  at   358 

how  formed  and  limitations  of 358 


INDEX.  1207 

PRIMARY  ELECTIONS—  (ContimK'd ) 

appropriate  names  for   358 

qiialitier  of  officers  of   346 

appointment  of  340 

duties  and  compensation  of   346 

penalty  for  failure  to  qualify  as 347 

qualified  voters  at    .  .  .• 353,  354,  355 

qualifications  of  electors  under  Act 354,  355 

officers   of    343 

registers,   to  be   delivered  by   Clerk  of  Peace  to  Department  of 

Elections    (City)     352 

to  Clerk   of  Peace  by  Department  of 

Elections    (City)     355 

registrar,  duties  of 349 

voters'  names,  &c.,  to  be  registered  by 349 

registration  of  electors  for  general  election 348 

removal  of  oflflcer  violating  provisions  of  this  Act 365 

A'acancy  created  by,  how  filled  365 

oath  of  substitute  on 365 

revision  of  registration  for  city  election 352 

ropes  or  chains  at  election  places  at 363 

jjersons  forbidden  -within,  except  to  vote 363 

penalty  for  violating  provision  concerning 363 

result  of  canvass  of  votes  to  be  publicly  announced 361 

Sheriff,  duties  of,  in   348,  349,  359,  360,  361,  362 

penalty  for  neglect  of   359 

tally  sheets    360 

blank,  furnished  by  party's  governing  authority.  ..  .362 

tie  vote  at,  how  decided  366 

time  of  holding 342,  352 

limitations    342 

usage,  ignorance  of,  no  defence  to  penalties,  when 354 

vacancy  in  office,  absent  officer  of 342-343 

of  inspectors,  how  filled  344 

on  removal   for  violation   of  provisions   of  this 

Act    365 

voters,  who  entitled  to  vote  at 353,  354,  355 

voting,  manner  of  362 

voting  books  of  qualified  voters  for 348 

description   of    348,  349 

Sheriff  to  deliver  to  registrar   348 

registrar  to  deliver  to  Sherift"   349 

Department  of  Elections   (City)   to  deliver  to  inspector.  .349 

inspector  to  deliver  to  Department  of  Elections   350 

registrar  to  enter  voters'  names,  &c..  in   349 

correction  of  errors  in,  by  inspector   350 

correction  of  errors  in,  by  Department  of  Elections  (City)  350 


1208  INDEX. 

PEIMARY  ELECTIONS—  (Continued) 

comparison  and  coireetion  of,  by  Department  of  Elections 

(City)    350-351 

comparison  and  certification  of 349.  350 

verification  of,  by  oath   350 

Xew  Castle  County   (outside  of  Wilmington)    348 

Wilmington   City    .  .  / 349 

delivery  of,  through  Department  of  Elections  to  Clerk  of 

Peace    355 

original,  to  be  delivered  by  Clerk  of  Peace  to  Department 

of  Elections    (City)    352 

penalty  for  stealing,  mutilating.  &C.,  the   351 

voters  qualified,  if  names  on    353 

watcher,  qualified   elector  may   be 363 

one  may  be  named  by  each  candidate 3G3 

entitled  to  be  in  room   363 

removal  of.  for  cause,  from  room 3C3 

unlawful  removal  of.  misdemeanor    363 

penalty  for    363 

PRINTING 

committee  on,  duties  of   613,  614 

of  appropriation  ordinance  by  Clerk  of  Council 77 

delinquent  list  by  Assessors  and  Collectors 99 

financial  statement  by  Council   ." .   74 

notice  of  assessment  by  Clerk  of  Council 89 

l^rivate  ordinances    958 

statements  of  Treasurer  and  Auditor   987 

PRISON  CELLS  (See  High  Constable,  Police  Commissioners) 

care  of   71 

PRISONERS 

expense  of,  how  paid  71 

to  be  kept  in  City  prison 71 

PRIVATE  RIGHTS 

ordinances,  respecting,  omitted  (See  Preface) 

PRIVATE  SEWERS 

provisions  as  to  construction,  acquisition  and  cleansing  of 136 

connections  of,  with  others,  how  made 1050 

exhaust  i>ipes  not  to  be  connected  with 1053 

permission  to  connect  with,  &c.,  when  necessary 1053 


INDEX.  1209 

PRIVATE  SE\YERS— (Coiitiimed) 

plumbing  system   connecting   water  eloi^ets,   &e.,   witli,   shall   l)e 

given  two  inspections    1045-104G 

regulations  for  the  construction  and  use  of 243-244 

regulations  of  plinnbers  as  to  244 

imlawful  to  connect  cesspools  with,  when 1054 

PRIVIES  (See  Cesspools) 

PROFANITY 

in  public,  prohibited  762 

PROPOSALS  (See  Bids) 

PROSECUTIONS 

for   violations   of   municipal   laws,   ordinances    or  regulations   of 

City,  in  whose  name  brought  44-45 

how  brought  and  mode  of  trial 46 

PROTECTION  POLES 

in  streets,  penalty  for  displacing 948 

PROSECUTIONS  IN  MUNICIPAL  COURT 

how  brought  and  tried    46 

PROTHONOTARY  OF  SUPERIOR  COURT 

to  approve  surety  in  recognizances  in  certiorari  cases 48 

PROVISIONS 

Council  may  provide  for  inspection  of 56 

PUBLIC  ACT 

the  charter  of  the  City  of  \Yilmington.  is  a 146 

PUBLIC  BUILDINGS  (See  Committee  on  Public  Buildings) 

foreign  flags  not  to  be  displayed  on,  when 535 

PUBLIC  LAMPS 

committee  on    611 

penalty  for  lighting,  extinguishing,  injuring,  &c 967-968 

penalty  for  obstructing  light  from 968 

refusal  to  remove  or  abate  obstruction  to  liolit  of 968 


1210  INDEX. 

PUBLIC  PARKS  (See  Park  Commissioners) 

acts  relating  to   168-173 

appropriations  by  Council  for  care  of 170 

bonds,  issuance  of,  for 173,  464,  465,  468,  477.  713.  714,  718,  732 

City  may  take  land  for   168, 171 

control  of,   in  Park   Commissioners 169 

exemption  of,  from  taxation 170 

intoxicating  liquors,  not  allowed  to  be  sold  in 173 

jurisdiction  of  Park  Commissioners  as  to  certain 22 

meetings  in  173 

municipal  jurisdiction  over   172 

paving  and  curbing  in   121-122 

purchase  of  land  for  168, 171-173 

regulations  of  use  of   1095 

rules  and  regulations  for  use  of 172 

special  policemen   in    172 

streets,  sewers,  pipes,  wires,  &c.,  in 170 

PUBLIC  SER\aCE  CORPOEATIOXS 

to  file  sworn  statement  with  Clerk  of  Council 86-87 

to  pay  tax  on  tracks,  poles,  wires,  conduits,  &c 84-87 

taxes  of,  to  be  a  lien  as  in  other  City  taxes 86-87 

PUBLIC  SCHOOLS 

acts  relating  to   419-453 

act  relating  to  graded  school  facilities,  not  mandatory  upon  Board 

of  Education   in  Wilmington    ■  •  •   -1-19 

appropriation  by  Council  to  Board  of  Public  Education  for .  59,  435,  437 

how  paid   -13b 

assessors  and  collectors  of  taxes,  duties  of,  as  to  making  lists  of 

children  between  ages  of  seven  and  fourteen , 443 

duties  of  County  Superintendent  as  to 443-444 

penalty  for  non-compliance  with  above  provisions 444 

attendance  officers,  who  are 442 

powers  and   duties   of 442-443 

Auditor  to  examine  and  endorse  as  correct,  all  bills  against  Board 

of  Education,  before  they  are  paid 433 

ballot  boxes,  used  at  election  for  members  of  Board  of  Education. 

when  to  be  opened  430 

ballots  for  election  of  members  of  Board  of  Education,  form  of 

and  how  voted 425 

Board  of  Public  Education,  composition  of '. 419,  422 

Board  of  Public  Education,  duties  and  powers  of 419-420,  431 

Board  of  Public  JEducation  in  Wilmington  to  have  full  supervision 

of  schools  and  school  property   419-420 

Board  of  Public  Education  in  Wilmington,  general  powers  of 431 


INDEX.  1211 

PUBLIC  SCHOOLS—  (Continued) 

Board  of  Public  Education,  not  to  have  power  to  borrow  money 
and  create  debts,  except  ordinary  debts   433 

Board  of  Education  to  have  same  powers  in  Wilmington  as  are 
vested  in  County  Superintendent,  as  to  truants.  &c 445 

Board  of  Canvass,  duties  of,  &c.,  as  to  election  for  nieml)ers  of 
Board  of  Education   430 

Bonds  may  be  issued  by  Board  of  Education  on  its  own  credit  for 
new  school  houses    451 

candidates  for  office  of  member  of  Board  of  Public   Education, 
how  named    424-425 

certificates  of  election  for  member  of  Board  of  E<]ucati()n,  when 
and  how  made  and  by  whom  delivered   , 430 

challenge  of  females'  right  to  vote,  f onn  of 426 

challenging  of  voter,  oath,  perjury,  &c.,  as  to  election  of  members 
of  Board  of  Education   428 

children  between  seven  and  fourteen  years  of  age.  to  attend  sclionl 

five  months,  annually    439-440 

exceptions 440 

violations  of  law,  penalty  therefor 441 

City  Solicitor  is  attorney  for  Board  of  Public  Education  in  Wil- 
mington    437 

compensation  of  election  officers,  for  election  of  members  of  Board 
of   Education    431 

compensation  of  members  of  Board  of  Public  Education 423 

compulsory  attendance  of  school  children,  (act  relating  to).  .439-445 

Constitution  of  Delaware  to  be  taught  and  explained'  to  scliolars 
in  all  public  schools •. 450 

contracts,  members  of  Board  of  Education  not  to  be  inteiosted 
in,  concerning  city,  when 423 

Councilmen   cannot   be   members    of    Board    of   Education    wliilo 
members   of   Council    427 

department  of  elections,  duties  of,  as  to  election  of  members  of 
Board  of  Public  Education    427 

department  of  elections,  duty  of,  as  to  book  of  registered  voters 
at  said  election   429 

dismissal  of  school  teachers  for  cause,  after  hearing  by  P.oard  of 

Education   ; 420 

■  election  of  members  of  Board  of  Public  Education,  under  what 

laws   held    424 

election  and  terms  of  members  of  Board  of  Public  Education.  . .  .422 

electors,  qiialifications  of,  to  vote  for  members  of  Board  of  Public 
Education    426 

estimates  of  expenses  submitted  by  Board  of  Education  to  Coun- 
cil in  May  of  each  year 432 

exempt  from  jury  duty,  members  of  Board  of  Public  Education.  .423 

exemptions  from  taxation,  &c.,  all  property  of  Board  of  Educa- 


1212  INDEX. 

PUBLIC  SCHOOLS— (Continued) 

tion,  real  and  personal  (See  Art.  lo,  Sec.  3,  Constitution) 

437, 486-487 
flag  of  the  United  States  to  be  purchased  by  Board  of  Education 

and  displayed  on  or  near  the  school  houses 450 

graded  school  facilities  of  school  children,  Act  relating  to.  ..  .445-450 

grades  of  schools  to  be  established  and  changed  by 420 

ineligibility  of  members  of  Board  of  Education   to   ottice   while 

members  of  Board   423 

kindergartens  may  be  established  by  Board  of  Public  Education.  .420 
lands  for  school  houses  may  be  purchased,  leased,  &c.,  by  Board 

of  Public  Education 421 

lowest  bidder  to  be  awarded  all  contracts  over  one  hundred  dol- 
lars, by  Board  of  Public  Education 438 

mixed  schools  not  allowed 432 

non-resident  pupils  may  be  admitted  to  the  public  schools  in  Wil- 
mington,  when    432 

oath  of  election  officers  holding  elections  for  members  of  Board 

of  Education   428 

of  challenged  voters   at   election   for   members   of   Board   of 

Education    , 428 

of  challenged  female  voters  at  election  for  members  of  Board 

of  Education 426 

of  member  of  Board  of  Public  Education 423 

organization  of  election  offieers   428 

officers  of  Board  of  Public  Education 432 

penalty  for  violation  of  election  law 431 

places  of  election  for  members  of  Board  of  Public  Education,  to 

be  selected  by  Board  of  Public  Education 427 

plurality  of  votes  necessary  to  elect  members  of  Board  of  Edu- 
cation    426 

Street  Commissioner's  duties  as  to  truants 445 

polls,  when  open  for   election  for  members   of   Board  of   Public 

Education 427 

pupils,  admission,  suspension  or  expulsion  of  by  Board  of  Public 

Education    421 

qualifications  of  members  of  Board  of  Public  Education 423 

quorum  of  Board  of  Public  Education   432 

removal  from  office  of  member  of  Board  of  Public  Education,  for 

cause,  after  a  hearing   424 

removal   of  menrber  of  Board  of  Public   Education,   from   ward 

in  which  he  was  elected,  creates  a  vacancy 422 

report  of  accounts,  &c.,  of  Board  of  Education  to  be  printed  in  the 

public  press  and  same  presented  to  Council,  wlien 433 

returns  of  elections  for  members  of  Board  of  Education,  to  whom 
delivered 429 


INDEX.  1213 

PUBLIC  SCHOOLS— (Contiimcd) 

rules  and  regulations  nuiy  be  adopted'  by  Board  of  Public  Edu- 
cation     421 

salaries  of  officers,  principal,  teachers   and   enijjloyees  of  Board, 

to  be  paid  by  Board  of  Education   421 

school  buildings  hereafter  erected,  regulations  as  to S81-8S2 

secretarj-  of  Board  of  Public  Education,  appointment  and  term 

of    ~ 421,  432 

duty  of,  ill  case  of  contagious  disease.  . .  .783 
school  property  to  be  vested  in  and  controlled  by  the  "Board  of 

Public  Education  in   Wilmington" 419,  420 

State  funds,  how  to  be  drawn  by  Board  of  Public  Education. .  .  .436 
study,  courses  of.  to  be  adopted  and  moditied  by  Board  of  Public 

Education   420 

Superintendent  of  Board  of  Public  Education,  appointment  and 

term   of 421 

tax  receipts,  prima  facie  evidence  of  female  electors  right  to  vote 

for  members  of  Board    426 

teachers  and  superintendents,  their  qualifications,  salaries,  &C...420 

time  of  election  of  members  of  Board  of  Public  Education 427 

title  to  certain  school  houses,  in  city   438 

treasurer's  duty,  respecting  funds  received  from  Board  of  Public 

Education    434 

truants  from  school  and  how  treated 442 

vacancies  in  office  of  members  of  Board  of  Public  Education,  how 

filled    422 

voting  for  members  of  Board  of  Public  Education,  how  done.... 425 

Wilmington,  a  consolidated  school  district 419 

Wilmington  Institute  to  be  paid  a  certain  sum  by  Board  of  Pub- 
lic Education    437 

Council  to  reimburse  Board,  said  amount 437 

women  may    become    members    of    Board    of    Public  Education, 

when   427 

women   may   vote   for   members   of   Board   of   Public   Education, 
when   426,  427 

PUMPS 

Council  may  regulate  and  supervise   (obsolete) 133 

PUBLIC  BATH  HOUSES 

Water  Department  may  construct    183 


1214  INDEX. 


Q 


QUARANTINE  (See  Board  of  Health) 

powers  of  Board  of  Health  to  establish 780-787 

QUARRIES 

to  be  enclosed 749 

QUEEN.  STREET  (See  Fifth  Street) 

extension  of 941 

name  of,  changed  to  Fifth  street   941-942 

Avidth  of 933 

QUORUM 

of  Council 54 

of  Board  of  Health   138,  770 

of  Board  of  Public  Education  432 

of  Harbor  Commissioners  187 


RACKING 

of  fire  companies,  prohibited  626 

in  streets,  prohibited  745,  748 

RAILROAD  COJSIPANIES 

Acts  relating  to  street  railways    493-509 

bells  on  locomotives  to  be  rung  by  755 

Council's  power,  respecting  tracks  of,  on  streets   (obsolete).  .131-132 

duties  of  conductors  of,  &c.,  as  to  fire  hose 636 

freight  cars  to  be  loaded  and  unloaded  on  tracks  in  City  without 

delay  1028 

gates  at  street  crossings  to  be  kejjt  by 923 

lookouts  to  precede  locomotives  of 755 

lookouts  to  be  kept  at  street  crossings 755 

ordinances  and  resolutions  of  a  certain  kind,  respecting,  omitted, 

(See  Preface) 
regulations  as  to  bringing  dead  bodies  into  the  City  by.  ..  .785,  792 

speed  of  cars  of,  in  City,  not  to  exceed  six  miles  per  hour 754 

street  crossings  not  to  be  obstructed  by 756 

tracks  of,  prohibited  on  certain  streets 256,  508,  509 

inilawf ul  ridins'  on  cars  of 922 


INDEX.  1215 

RAGS 

in  an  offensive  condition,  a  nnisance   773 

RATES 

for  sewer  connections    233 

for  water  supply 183 

REAL  ESTATE  (See  Registration  of  Real  Estate) 

acts  in  relation  to  sales  of 513-517 

assessment   of    83 

ordinances  respecting  sales  and  leases  of 924,  928 

registration  of    105-108 

RECEIPTS  AND  EXPENDITURES  OF  MOXEY 

City  Auditor  to  prepare  a  statement  of  expenditures 988 

City  Treasurer  to  prepare  a  statement  of  receipts 988 

Clerk  of  Council  to  publish  statements  of 988 

Council  to  publish  statements  of 74 

failiu-e  of  officers  to  perform  duties  relating  to 988 

ordinances,  relating  to   986,  987 

RECOGNIZANCES 

in  cases  of  appeal  from  Municipal  Court  49 

certiorari  to  Municipal  Court    48 

RECORDS 

of  births,  deaths  and  marriages   lOS-109,  794 

of  Coiuicil,  by  whom  kept    ' 566 

RECORDER  OF  DEEDS 

duty  of,  respecting  registration  of  real  estate 105, 106 

to  record  certain  plots   252 

certain  duplicate  maps  to  be  filed  with 201 

REDEMPTION 

of  impounded  animals    747,  765,  976 

of  land  sold  for  taxes    99 

REED  STREET 

part  of,  vacated   266 

REFUGE  FOR  REFORMED  WOMEN 

homes  of,  exempt  from  taxation 490 


1216  INDEX. 

REGISTRAR  OF  DEATHS,  BIRTHS  AND  MARRIAGES 

appointment    of    108,  793 

blank  forms  of  a  certain  kind  to  be  furnished  by 795 

books  for  registration  of  deaths,  &c.,  to  be  kept  by 796 

burial  permits  to  be  issued  by  109,  795 

duties   of 108,  793,  796 

election    of    108,  793 

list  of  clergymen,  physicians,  midwives,  &c.,  to  be  kept  by 794 

office  hours  of    794 

permits  to  be  issued  by   792 

permits  must  be  obtained  from,  to  remove  dead  bodies .785,  792 

records  of  births,  marriages  and  deaths  to  be  kept  by 109,793 

removal   of    108 

reports  of  a  certain  kind  to  be  made  by 794 

salary    of    69,  608,  793 

to  have  a  seal   110,  796 

REGISTRAR  OF  WATER 

appointment  of    178, 1077 

duties  of,  in  general   .• 1078 

ferrules  may  be  detached  by   1080 

notice  of  reseision  of  contracts,  to  be  given  by 1082 

permits  for  water,  to  be  issued  by  1083 

reports,  by    1078 

removal  of    178, 1077 

secretary  of  Board  of  Water  Commissioners  to  be 177 

term,  salary  and  bond  of 1077 

time  for  payment  of  water  rents  to  be  advertised  by 1085 

wash  paves,  permission  of,  as  to   1085 

water  rents,  to  be  collected  by 1081-1085 

water  rents,  when  to  be  refunded  by 1082 

REGISTRATIOlSr 

(See  Registration  of  Real  Estate,  Registration  of  Voters) 

of  clergymen,  magistrates  and  midwives 794 

of  deaths,  births  and  marriages    108,  793 

of  dogs,  regulations  for   975-976 

of  motor  vehicles    554 

of  plumbers    155, 1040 

REGISTRATION  OF  REAL  ESTATE 

duties  of  Chief  Engineer,  respecting 105,  620 

penalty  for  failure  to  make 107 

provisions  of  law,  respecting   105-108 


INDEX.  1217 

REGISTRATION  OF  VOTERS  (See  Elections  and  Titles  Thereunder) 

•272-328 

absence  of  inspector,  &c.,  at.  who  to  act 28G,  337 

affidavit  of  notice  of  appeal  from    313 

affidavit  of  legal  voter  as  to  illegal  registration  at 308 

hearing  on   and  notice  of  same 30S 

of  notice  served  on  Registrar 313 

age  of  applicant  at,  not  to  be  entered  on  registers 320 

entered  on  books  of  registered  voters,  in  certain  cases, 

307, 32o 
alternate  registrar,  sitting,  to  have  powers,  &c.,  of  registrar  at.. 315 

amendment  of  State  Constitution,  abolishing  registration  fee 327 

appeal  noted  "yes"  or  "no"  on  books  for 305 

appeal  from,  or  application  for  correction  of,  not  heard  on  any 

registration   day    '^^"^ 

appeal  from,  to  resident  Associate  Judge,  or  other  Judge 311 

appellant  to  give  notice  to  registrar 311 

time   of   hearing    -'^H 

not  allowed,  in  case  of  delay,  when   313 

decision   of   Judge   final    <^11 

Attorney  General  to  speedily  prosecute  violations  of  Act  of 301 

ballot  box,  location  during   286,  287 

ballot  box,  stealing  or  destroying  of,  at   300 

book  of  registered  voters,  general  entries  in 307,  314,  325 

entries   made   in,   in   applicant's   pres- 
ence,  when    307 

book  of  certificates   (blanks)   for,  prepared  by  Governor 325 

books  for,  prepared  by  Governor    323 

form,  name  and  description  of    323-325,  326 

to   be   endorsed   by  registrars 326 

books  for.  to  be  obtained  from  Clerk  of  Peace 322 

delivered  to  inspector   322 

delivered  to  Clerk  of  Peace    322 

books  for,  delivered  to  registrars  by  Sheriff 325 

books  for,  for  special  election 322 

breach  of  peace,  threats,  assault,  bribery,  &c.,  at 298-299 

bribery,  &c.,  breach  of  peace 298-299,  306 

challenge   for,  at    300 

certificate  of  Department  of  Elections  delivered  to  inspector  .275,  276 

certificate  of  removal    283 

certificate  given  to  registered  voter  307 

to  registered  voter  removing  from  district 309 

certificates  appended  to  registers  and  lists 311 

certificates   (blanks)  for,  book  of,  prepared  by  Governor 325 

challenge  and  cause  of  challenge  at,  noted  on  books  for 305 

challenged  applicant  refusing,  &c.,  to  take  oath,  disqualified.  ..  .307 
person's  oath  noted  on  poll  list 285 


1218  INDEX. 

REGISTRxlTIOX  OF  VOTERS  (See  Elections  and  Titles  Thereunder)  — 
(Continued) 

challengers,  how  appointed  and  removed 285 

challenges,  may  be  made  by  any  qualified  voter,  when 284,308 

change  of  number  or  name  of  street  unlawful,  when 289 

City  Surveyor  to  furnish  map  of  City  to  Department,  when 289 

clerk  of  election  and  penalty  for  refusal  to  act 277 

Clerk  of  Peace,  registrar  to  deliver  duplicate  books  to 316 

duties  of,  to  deliver  books  for  registration 322 

color  of  applicant  at,  entered  in  book  of  registered  voters 307 

not  entered  in  registers 326 

comparison  of  registration  books  made  by  officers,  when 310 

compensation  of  inspectors  and  clerks 277,  317 

for  revision  of  registration   277 

of  officers  of  election,  and  expenses 289 

of  registrar  and  assistant  registrar 317 

of   alternate   registrar    318 

of  Department  of  Elections   289 

of   others    289 

when  and  how  paid   277,  289,  318 

constable  to  serve  process   317 

Constitution  of  State  amended  by  abolishing  fee  for 327 

correction  of  books  for   • 310-311 

custodian  of  books  for,  is  registrar   315 

days,   &c.,  for    302 

Department  of  Elections,  duties  and  powers  of,  as  to 273,  301 

to  appoint   place    273 

to  furnish    room    273 

to  furnish  all  forms,  oaths,  &c 273 

to  dismiss  or  transfer  officers   and  fill 

vacancies    274,  275,  332,  337 

to  employ  clerks  and  assistants 

274,  332,  337 
to   notify   Attorney   General*  of   viola- 
tions of  Act    301 

compensation  of,  as  to  registration  272-273 

disobeying  inspectors,  and  penalty  therefor 298 

disqualification  of  elector  and  cause  of  same  noted  on  books  at 

304,  307,  308 

disqualification  of  insane  persons,  &c 304 

duties  and  powers  of  officers  in   301,  302,  306,  312 

of  Department   of  Elections,   as   to  registra- 
tion    273.301 

electioneering  or  political  discussions   in  polling  place  unlawful, 
and  penalty    290 


INDEX.  1219 

REGISTEATIOX  OF  VOTERS  (See  Elections  and  Titles  Thereunder)  — 

(Continued) 

election  inspectors,  appointment,  &e 274,  275,  332,  337 

examined  by   Department    as    to    qualifica- 
tions     275 

oath  of    275 

election  officers,  who  are    ■. 287 

may  make  canvass  of  election  district 288 

entries  to  be  made  on  registers  for 303,304,305,300,308,309,310 

to  be  made,  in  certain  cases,  on  order  of  Judge 314,  315 

exi>enses  for  printing,  &c.,  how  and  by  whom  paid 318 

false  canvass  or  entries  by  election  officers,  and  penalty 294 

false  personation  at,  and  penalty   290-291 

fee  for,  abolished  by  amendment  to  Constitution,  &c 327 

fees  for  service  of  process  as  to 317 

form  of  oath  in  challenge  at,  for  bribery,  &c 306-307 

form  of  certificate    307 

.        forms  furnished  by  Department  of  Elections  for 273 

fraudulent  entries,  omissions  or  changes  in  books  of 319,  321 

penalty   for    319,  321 

fraudulent  registration,  &c.,  and  penalty .319-320 

fraudulent    voting    292 

general,  to  ascertain  qualified  voters,  under  Constitution 301 

Governor  to  have  books  for,  prepared 323,  326 

to  deliver  books  for,  to  Sheriff 325-326 

impersonation  at,  and  penalty   290-291 

at   election    292 

penalty   for  violation    293 

insane  persons,  &c.,  disqualified    304 

inspectors  required  to  serve  but  one  term 276,  287 

removal   of    276 

appointed  by  Department  of  Elections   275,  276 

day  after  election  deliver  books  to  Clerk  of  Peace 284 

failing  to  perform  duty,  and  penalty 294 

majority   must   concur    287. 300 

Avilfully  neglecting,  &c.,  to  serve,  and  penalty 299-300 

wilfully,  &c.,  putting  in  box  a  ballot   not   offered  by 

qualified  elector,  and  jienalty.  . , 295-296 

interference  with 291, .320 

intimidation,  bribery,  &c.,  and  penalty 291,29^,293,320 

intoxicating  liquor  forbidden  at    290  318 

penalty  for  violation  of  same 290,  318 

place   for  sale  of,  not  to  be   used  for   regis- 
tration  273 

Judge,  Resident  Associate,  to  hear  appeals,  when,  where,  &c. 312-313 

on  appeal,  to  order  entries  made  on  books  for 314 

duties  of,  imposed  on  any  Judge  sitting 315 


1220  INDEX. 

REGISTRATION  OF  VOTERS  (See  Elections  and  Titles  Thereunder)— 
(Continued) 

last  sitting,  duty  of  registration  officers^  as  to 310-311 

loss,  &c.,  of  books  of,  by  registrar,  and  penalty -. 321 

majority'  decision  of  officers  necessary  at 287,  300,  310 

penalty  for  violation   300 

meeting  of  registrars,  &c.,  for   303 

misconduct  of  election  officers,  &c.,  and  penalty 296 

mutilation,  &c.,  of  books,  printed  lists,  &c.,  and  penalty 321 

name,  &c.,  of  street,  &c.,  may  not  be  changed,  when 289 

names  omitted,  to  be  entered,  when   310 

nativity  of  applicant  at,  to  be  entered  in ; .  .  .303 

naturalization  noted  on  books  for    304 

notices,  when  and  how  to  be  served   314 

notices  of  places  and  time  for  holding 302 

notice  to  registrar  of  application  for  correction  of 314 

notice  of  appeal  from,  to  be  served  on  registrar 311 

affidavit  that  service  was  made 313- 

notice,  when  written  required  to  be  given,  what  sufficient 310 

oath  of  voter  removing  from  district 281 

to  be  preserved'  by  inspectors 281 

of    inspectors    275 

of  applicant,  when  challenged  for  cause 306-307 

conclusive   evidence   to   officers 307 

refusal  to  make,  disqualifies  applicant 307 

if  false,  person  making  is  guilty  of  perjury ....  307 

on  delayed  appeal  that  delay  was  not  to  hinder,  &c 313 

oath,  false,  perjury   297,  307 

oaths,  forms,  &c.,  furnished  by  Department  of  Elections 273 

oaths  may  be  administered  by  registrars 317 

members    of    Department    of    Elec- 
tions     275 

officers   for,   their   duty .  301 

majority  to  act   287,  300,  310. 

penalties  (See  Separate  Subjects) 

270,  290,  291, 293,  294, 295, 296, 297, 298,  300, 318, 319, 320,  321 

perjury,  to  make  false  oath  &c 297,  307 

persons  in  military,  &c.,  service,  temporarily  in  State,  not  resi- 

. dents   304 

places  and  time  for   302 

notice  of  same  for  holding  registration 302 

police  officer  disobeying  Board  of  Inspectors,  and  penalty 298 

political  party  having  ticket,  entitled  to  representative  in  room 

for    302 

poll  books,  form  and  description   285 

poll  clerks,  duty  of   285 

false  entries  by,  and  penalty   293-294 


INDEX.  1221 

REGISTRATION  OF  VOTERS  (See  Elections  and  Titles  Thereunder)— 
(Continued) 

posting  of  printed  lists  of  names  on  books  of 308 

postponement  of  registration  of  applicant  at,  in  case  of  doubt.  .  .305 

powers  and  duties  of  inspectors  holding  election 288,  31G 

process,  how  and  by  whom  served 317 

prosecution  as  to  illegal  votes,  evidence  may  be  given  by  accused 

to  show  honest  belief,  &c 301 

prosecutions  imder  this  Act,  special  duty  of  Attorney  (icneral.  .  .301 

qualifications  for  registration   at    304 

facts  pertaining    to,    may    be    noted  on  books  of 

registration    305 

qualified  voters,  who  are    304 

who  are  not    304-305 

quorum  at  sitting  of  officers  for 310 

registering  more  than  once  unlawfid   287,  290 

registered  voter,  when  applicant's  name  entered 304 

entitled  to  certificate  from  registrar 307 

registers,  entries  in   303,  304,  305,  300.  314.  323.  324,  325 

to  be  signed  by  officers,  when   306 

registrar,  alternate,  appointment,  term,  &c 333 

registrar  and  assistants,  place  and  time  of  sitting  of,  for 302 

to  give  public  notice  of  same 302 

Avhat  persons  admitted  to  room  302 

manner  of  recording  names 303-305 

clothed  with  special  powers    302,  31G-317 

malfeasance,  &c.,  of,  and  penalty 319 

to  give  certificate   to  registered  voter 307 

to  print  and  post  alphabetical  lists  of  registered  voters. 308 
to  deliver  one  of  each  books  to  inspector  on  election  day.  316 

to  keep  other  of  each  books  safely   316 

to  deliver  duplicates  to  Clerk  of  Peace 316 

to  take  books  to  hearings  on  appeal  and  for  correction. 315 

to  deliver  books  to  alternate  registrar   315-316 

registration  oificers,  appointed  by  Department  of  Elections 333 

keep  books  till  election  day,  duty  then. 315,  316 

majority  to  act   310 

removal  of  voter  from  district 280.  309 

oath   on  removal    281 

duty  of  inspector  in  case  of 281 

repeal  of  Acts  for    322,  326,  327 

residence  of  applicant  for,  to  be  entered 303 

residence,  certain  persons  not  considered  as  acquiring 304 

review  by  officers   of  any  registration   upon  affidavit   of  a   legal 

voter    308 

entries  on  books  upon  decision  after 308 


1222  INDEX. 

REGISTRATION  OF  VOTERS  (See  Elections  and  Titles  Thereunder)— 

(Continued) 

service  of  process  317 

fees  for  317 

Sheriff  to  deliver  to  registrar  books  for 325 

to  serve   process    317 

signing  of  registration,  by  officers  for 306 

special  election,  registration  for   321 

stealing,  or  secreting,  &c.,  any  books,  records,  &c 296,  321 

penalty  for  same   296,  321 

abetting,   and  penalty    297 

subornation  of  perjury   297 

tampering  with  ballots  and  voters,  and  penalty 297 

term  of  residence  of  applicant  to  be  entered 304 

voter's  name,  when  entered  as  registered  304 

when  voting,  entered  in  poll  book 285 

witnesses  at,  admitted  to  room  for  holding 302 

limitations    302 

may  be  ejected  for  disorderly  behavior 302 

witnesses,  registrar  may  compel  attendance  of 317 

REGISTRY    CLERK    OF    DEPARTMENT    OF    ENGINEERING    AND 
SURVEYING 

Council  to  appoint   001 

qualifications  and  duties  of    601 

term  of  office  and  salary  of 601,  602 

vacancy  in  office  of,  filled  by  Council  (appointee) 607 

REGULATOR  OF  CITY  CLOCK 

duties  and  salary  of   598,  599,  609 

REGULATORS  (See  Surveyors  and  Regulators) 

REGULATOR  OF  WEIGHTS  AND  MEASURES 
(See  Clerk  of  the  Market) 

of  New  Castle  County,  to  inspect  milk  cans 552 

RELIANCE  FIRE  CO:^IPANY 

location   of    628 

REMOVAL 

from  office  (See  Titles  of  Respective  Offices) 

by  City  officers  from  City   35 

of  members  of  Council,  from  their  wards 35,  405 


INDEX.  1223 

RENTS  (See  Clerk  of  Market) 

collection  of  certain,  by  Auditor 570 

income,  receipts,  &c.,  received  by  departments  to  be  paid  to  the 

City  Treasurer  59 

certain  exceptions  as  to  payment  thereof 59-GO 

REPAIRS 

to  sidewalks  by  Street  and  Sewer  Department.  .  .  .122,  123, 1052-1053 

lien   for ;  .  . .  122, 124 

of  streets  between  tracks  (See  Street  Railway  Companies) 132 

in  case  of  excavations   1004, 1039 

contractor  not  properly  making,  work  to  be  done  at  his  expense 
and  same  deducted  from  his  deposit 1005, 1040 

RESIDEXCE 

required  of  assessors  and  collectors  81 

of  City  officers   31 

of   Mayor    31 

of  members  of  Council   30,  31,  53,  405 

of  voters  at  elections    303,  304,  404 

RESIGXATIOXS 

of   City  officers    35, 607 

RESOLUTIONS 

of  Council,  how  recorded    568 

of  Street  and  Sewer  Department   993-1071 

RETURN  OF  FREEHOLDERS  IN  STREET  CONDEMNATION  PRO- 
CEEDINGS   112 

REVENUE  (See  Shows,  and  Other  Titles  Relating  to) 

from  registration  and  licensing  of  motor  vehicles 562 

REVIEWS 

•in  case  of  opening  or  widening  of  streets 112,  117 

REVISION 

of  assessments  (See  Board  of  Assessment,  Revision  and  Appeals) 

RIDDLE'S  ROAD 

part  of,  vacated  268 


1224  INDEX. 

RIOTS 

in  markets,  suppression  of  828 

poAvers  and  duties  of  Mayor,  respecting  (doubtful) G7 

RIVER  DELAWARE  (See  Rivers) 

bulkhead  lines,  wharves  and  pier  lines  on 201 

RIVERS  (See  Respective  Titles) 

abutters  on,  exemjjt  from  sewer  liens 243 

bathing  in,  when  2>rohibited 753 

Brandy  wine,  contamination  of   980 

discharging  ballast  into,  prohibited    '. 91G 

regulations  of  vessels  in  915-918 

Avharves,    piers,   and   bulkhead    lines,    on     Delaware   and   Chris- 
tiana      185. 188, 190,  201 

ROADS  (See  Streets,  and  Also  Respective  Titles  of  Same) 

ROBINSOX  STREET 

part  of,  vacated   1060 

width  and  location  of   262 

ROCKFORD  ROAD 

Act  authorizing  a  sale  of  part  of ^.  .517 

to  be  vacated,  when   270 

ROa^FORD  TOWER 

City  given  authority  to  indemnify   DuPoiit  Company  for  use  of 
l,ands  near   545 

RODMEN  OF  ENGINEERING  AND  SURVEYING  DEPART:\IENT 

election  of   605 

salary  of   602,  605 

vacancy  in  office  of,  how  filled  (appointees) 607 

ROLLER  SKATING 

on   sidewalks,   unlawful    1021 

ROOFS 

of  wood,  prohibited   854 

ROPE  DANCING 

prohibited,  without  a  license   ^ 751 


INDEX.  1225 


RUBBISH 


placing  of,  in  streets,  prohibited 998,  999, 1002 

not  to  be  mixed  with  ashes 998 

where  deposited  for  removal   S94,  998 

RUNS  (See  Water  Courses) 

RURAL  OR  SUBURBAX  REAL  ESTATE 

how  assessed   487 


s 

SABBATH  DAY 

assembling  of  minors  on  streets,  on,  prohibited 751 

ST.  MICHAEL'S  DAY  NURSERY 

may  receive  children  under  ten  years  of  age,  when .533,  oSi 

SALARIES  (See  Titles  of  Respective  Offices) 

compensation,  in  addition  to,  not  allowed 70-71 

list   of    . 08-69,  G08-009 

SALES  (See  Auctions,  Sales  of  Real  Estate) 

bogus,  prohibited 524 

of  corn,  regulations  for    953 

of  ice,  regulations  for 953 

for  collection  of  taxes   97-98 

liens  for  street  assessments    110 

paving  and  curbing    120. 121.  122 

repairing  sideAvalks    ; 122, 124 

sewers    242 

SALES  OF  REAL  ESTATE 

Acts,  in  relation  to  513-517 

ordinances,  authorizing   924-928 

sand  lot.  Act  validating  sales  of 514 

Eighth  and  Scott  streets.  Act  authorizing,  at 51(1 

old  Academ}^  lot,  Act  authorizing  sale  of 515 

Twelfth  and  Orange  streets,  Act  and  ordinance  autiiorizing.  at.  .513 
Rockford  road.  Act  authorizing  sale  of 517 

SALOONS 

entry  of,  by  policemen,  M'hen  unlawful 211 

not  to  be  used  for  registry  or  polling  place,  wiieu 273.  358 


1226  INDEX. 

SAXD  LOTS 

enclosure  of,  required   749 

sale  of   513,  514 

SERGEANTS  OF  POLICE  (See  Police  Force,  Policemen) 

number  of  209 

.     salary  of   210 

SECEETARY  TO  :\L\YOR  AXD  EXECUTIVE    (XOW  ADVISORY) 
BOARD 

appointment  of    604 

qualifications,  duties  and  salary  of 605 

SECOXD  ASSISTAXT  ENGINEER  OF  SURVEYIXG  DEPARTMENT 
salary  of   602,  608 

SCTIOOLS  (See  Public  Schools) 

SCHOOL  ASSESSMENT  (See  Assessments) 

SCHOOL  HOUSES  (See  Public  Schools) 

SCHOOL  TAXES 

Council  may  fix  amount  of,  to  be  raised 90-91 

SEALS 

City  may  have  common  seal 28 

of  City,  Mayor  to  have  custody  of 33 

Mayor's  office   '. 35 

Municipal  Court  and  City  Judge 50 

Registrar  of  Deaths,  &c 110,  796 

on  weights  and  measures    815 

SEALER  OF  WEIGHTS  AND  MEASURES  (See  Clerk  of  the  Market) 

SECOND  STREET 

extension  of  941 

part  of,  vacated  265,  949 

width  of 934 

SECRETARY  OF  THE  BOARD  OF  HEALTH 

appointment  of    108,  771 

cesspools,  list  of  to  be  kept  by 778 

duties  of    138.  783 


INDEX.  1227 

SECRETARY  OF  THE  BOARD  OF  HEALTH— (Continued) 

placards,  may  be  placed  on  houses  by,  when 787 

removal   of    108 

salary  of   COS,  771 

SECRETARY  OF   BOARD  OF   TRUSTEES   OF   POLICE   PENSION 

FUND  '. 219 

bond  of    219 

SECRETARY  OF  STATE 

map  of  Delaware  River,  filed  in  office  of 201 

SETTLEMENT  WORK 

property  used  for,  exempt  from  taxation 492 

SEVENTH  STREET   (See  Broad  Street) 

extension   of    933,941 

SEVENTH  WARD 

limits   of,   extended    21,  22,  20,  28 

SEWERS 

(See  Street  and  Sewer  Department,  and  Plumbing  Rules  and  Regula- 
tions) 

abutters  to  pay  for   239-240, 243 

application  for  permits  for   1041, 1047, 1048 

assessment  for  costs  of   239,  240,  243 

bids  for  materials  for,  publication,  &c 234 

Board  of.  Health  may  compel  connections  with 142-143, 1049 

cesspools,  how   connected   with    1054 

unlawful  on   premises   having  sewer   accommodations, 

when    127 

condemnation  of    137,  233 

condemnation  of  property  for   137,  228,  245 

connections    with    241,  243, 1041, 1048,  1049 

Construction  of   136-137,  238-239 

contract  for  work  on   234 

control  of 224,  228 

cost  of,  how  apportioned   239-240 

cost  of,  how  paid   13G-137 

Council's  former  powers  and  duties,  concerning 136-137 

Street  and  Sewer  Department  in  position   for- 
merly occupied  by  Council   229 


1228  INDEX. 

SEWERS— (Continued) 

(See  Street  and  Sewer  Department,  and  Plumbing  Rules  and  Regula- 
tions) 

danger  signals  as  to  (See  Danger  Signals) 

duties  of  Chief  Engineer  of  Sewers 1035 

excavations  for  (See  Excavations) 

exemptions  from  assessment  for   240,  243,  486-487 

garbage,  &c.,  not  to  be  placed  in 1053 

land  exempt  from  assessment  for   •.  .240,  243,  486-487 

lien  for  cost  of   241 

to  be  paid  before  connection  permitted.  ..'...'.  .1049 
when  may  be  cancelled  by  Street  and  Sewer  De- 
partment     246-247 

may  be  built  within  a  mile  of  the  City 245 

ordinances  relating  to,  remain  in  force,  &c 230 

ordinances  authorizing  issuance  of  bonds  for.  (See  Bonds,  "Sewers") 
permit  for  connecting  with  (See  Permits) 

1004. 1041,  1047. 1048, 1049, 1053, 1054 

plans  for   231 

plans  of,  and  duties  of  Chief  Engineer,  I'cspecting 619-622 

private  ,(See  Private  Sewers)    136, 137,  244 

private,  regulations  of  (See  Private  Sewers) 244 

in  public  parks    170 

rates   for,  how  fixed    233 

refrigerators  not  to  be  connected  with 1044 

regulations  for  use  of   243 

regulations  as  to  plumbers  in  regard  to 244 

regulations  of  connections  w'ith   243-244, 1049 

regulation  and  maintenance  of   136 

regulation  of  construction  and  use  of 243-244 

release  for  damages  caused  by  connecting  with 241 

sale  of  land  for  assessment  vmpaid,  when  and  how  mad.e 242 

steam  or  exhaust  jjipes  not  to  be  connected  with,  when 1045 

water  closets  connected  with,  regulations  of 1041, 1043 

SHEEP  (See  Animals,  Cattle  and  Inspector  of  Meats) 

at  large  in  streets,  prohibited   745,  747 

carcass  of,  when  unlawful  to  sell 164-165 

SHINNEY 

Inlaying  of,  in  streets,  prohibited   753 

SHIPLEY  RUIST 

changes  of  course  of 908-914 

size  of  culverts  of 908 

width    of    909,  910,  911,  912,  914 


INDEX.  1229 


SHIPLEY  STREET 


leasing-  wharf  at  end  of .• 920 

Avidtli  of   934 

SHIPS  (See  Vessels) 

SHOP  KEEPERS 

may  exhibit  goods  on  sidewalks 743,  823-824,  82G 

SHOWS 

Council  may  regulate    56,  522 

fees  for    522.  959-960 

liability  of  owner  of  premises  for  unlicensed  shows 960 

licenses  for,  when  required   959,  960 

Maj^or  to  license   959,  960 

penalty  for  having,  without  license 751,  959-960 

Police  Commissioners'  powers  as  to  certain 962 

rules  and  regulations  for  certain,  by  whom  made 961 

SHRUBBERr  (See  Trees) 

SIDEWALIvS  (See  Streets) 

advertisements,  hand-bills,  waste  paper,  &c.,  casting  on,  a   nui- 
sance    999 

bicycles  on,  unlawful  995, 1023 

board  walks  to  be  laid  when  sidewalk  removed 906, 1001-1002 

booths,  stands,   &c.,  on,  imlawful 743.  823 

booths,  stands,  &c.,  on,  regulations  of 823,  826 

Building-  Inspector  to  require  laying  of  board  walk,  when 906 

cellars  in,  how  and  when  rented .  824 

certificate  as  to  paving  of 126 

to  be  kept  clear  for  persons  walking  on 742.  1001,  1020, 1021, 1023 

curb  stone  markets  on  (See  Curb  Stone  Markets) 
danger  signals  at  excavations  on  (See  Danger  Signals) 

decayed  fruit  and  refuse,  not  to  be  thrown  on 797,  825 

defective,  a  nuisance 1006-1007 

duties  of  Clerk  of  Market,  as  to 744 

excavation  in,  regulations  of  (See  Excavations) 944,  1006,  1007 

exhibiting  goods  on,  within  certain  limits 743,  823-824 

garbage  or  offal  not  to  be  placed  on 797,  825.  999 

idling  or  congregating  on,  prohibited 761 

indecent  or  disorderly  conduct  on 762 

meat  must  not  be  cut  on   ^ 1026 

obstructions  on,  what  unlawful 743,  1001.  1020. 1021.  1023 

paving  of  oy  Street  and  Sewer  Department 119,  123424 


1230  INDEX. 

SIDEWALKS  (See  Streets)— (Continued) 

assessment  and  collection  of  cost  of 119-120 

by  abutting  owner   123-lOOS 

in  public  parks    122 

penalty  for  riding  or  driving  horses,  wagons,  &c.,  on 742-743 

l^enalty  for  violating  ordinance  as' to  paving  or  repairing 1009 

Portland  cement  concrete  to  be  used  for  paving 1008 

regulations  for  signs,  awnings,  bay  windows,  &e.,  over.  7G0,  859, 1013 

rejjairing  of  by  Street  and  Sewer  Dejiartment 123, 124, 1009 

assessment  and  collection  of  cost  of 120, 121, 122, 124 

lien  for  cost  of   , 120, 121, 122, 124 

repairing  of,  when  to  be  done  with  Portland  cement  concrete. .  .1009 

repairs  to,  by  plumber   1052 

deposit  used  if  not  done  1053 

roller  skating  on    1021 

sliding,  sledding  and  coasting  on  1020 

snow  to  be  removed  from   1018.  1019 

spitting  on,  unlawful 764,  1000 

unlawful  to  injure  grass,  trees  or  plants  on  unpaved  spaces  of 

995-996, 1007 

vendues  upon 743 

wheelbarrows  and  hand  carts  on 757,  763 

wires  over    954 

SIDINGS 

regulations   for  construction  and  removal  of 132 

ordinances.  &c..  authorizing,  omitted  (See  Preface) 

SIGNS 

over   sidewalk,  regulations   of    760 

obstructions  of  light  by,  when  prohibited 9G8 

on  poles  and  trees,  unlawful 633,  994 

SINIvING  FUND  (See  Bonds,  Sinking  Fund  Commissioners) 

Act  not  to  extend  or  increase  bonded  debt  of  City 457 

acts  relating  to   ; 454-484 

not  to  be  impaired  by   145 

interest  on,  when  to  cease   456 

interest  on,  rate  of,  how  fixed   458 

new  issue  of    459 

ordinances  relating  to,  and  City  debt 650-739 

plan  of,  established    454-455 

extended    .  ! 458,  459 


rxDEx.  1231 

SINKING  FUND  C0]\BiISS10XEES  (See  Sinking  Fund,  Bonds) 

approjjriation  to    4.5o 

bond   of    457 

cancellation   of  bonds,   hx '. 457 

election,  term,  and  qualifications  of 456 

rate  of  interest  on  bonds  to  be  fixed  by 458 

records  of    457 

not  to  receive  salary  456 

certain  moneys  from  sale  of  sand  lot,  to  be  paid  to 514 

proceeds  of  certain  sales  to  be  received  by 928 

vacancy  in  office  of,  how  filled  G07 

SIXTH  STREET  (See  Hanover  Street) 

SIXTEENTH  STREET  (See  Mill  Street) 

part  of,  removed  from  plan  or  map  of  City 1064 

part  of,  vacated    266 

sinxs 

in  an  ofl'ensive  state,  a  nuisance   773 

SLAUGHTERHOUSES 

erection   of  unlawful   774,  789 

inspection  of  by  Board  of  Health 775,  790 

executive  officers  of  Board  of  Health 776 

Inspector  of  Meats   807 

permitting  contents  of  to  run  into  street,  prohibited 773 

refuse  from  not  to  be  thrown  in  sewers 1053 

regulations  for  those  existing  775,  789 

SLEDDING  OR  COASTING 

on  sidewalks,   prohibited 1020 

on  streets,  prohibited    '. 1020 

SLEIGHS 

standing  of,  in  streets,  prohibited 744 

SLEIGHT  OF  HAND  (Exhibition  of) 

license  fee,  for 959 

SLIDING 

on  sidewalks,  unlawful   1020 


1232  INDEX. 

SLUICE  ^YAYS 

when  lawful    193 

when  unlawful    189 

SMALL  POX  (See  Contagious  Diseases,  Quarantine) 

burial  of  bodies  of  persons  dying  with  small  pox,  &e.  . .  .785,  786,  792 

physicians  to  report  eases  of   783 

regulations,   respecting    785 

regulations  for  persons  diseased .783-784 

SXOW 

penalty  for  not  removing  1020 

removal  of  from  sidewalks,  by  whom  to  be  done 1018, 1019 

SOLICITOR 

appearance  in  Courts  for  City  by 573 

appointment  of    66 

approval  of  bonds  by,  before  being  executed  by  the  City 573 

Assistant  City  Solicitor  may  be  appointed  and  removed  by 66 

a  City  officer 30 

to  collect  unpaid  balance  due  from  assessors,  &c 101 

drafts  all  legal  papers  for  City  and  gives  opinions  when  called 

upon  to  do  so  ■  •  •  •  572 

draws  bonds  of  contractors,  engaged  in  City  work 980 

duties    of    G6-07,  572-574 

duty  of,  respecting  certificate  of  assessors  and  collectors 98 

duty  of,  respecting  collection  of  taxes 98,  99 

examines  titles  for  City  573 

extra  compensation  to,  when   574 

fees  of,  in  Municipal  Court 46,  52 

fees  for  legal  services,  not  to  be  paid  without  approval  of 67 

legal  adviser  of  Board  of  Education .437 

legal  adviser  of  City   67 

ordinances,  prepared  by    574 

powers  of,  as  to  Municipal  Court 66 

prosecutor  in  ]Municipal  Covirt   46 

qualifications  of    • 66 

reports  made  to  City  Council  by 574 

salary  of   66,  68,  574 

stenographer  and  typewriter  may  be  employed  by 606 

term  of  office  of   66 

SPEAKMAN  STREET 

part  of  removed  from  plan  or  map  of  City 1063 


INDEX.  1233 

SPECIAL  CALLS  BY  CHIEF  ENGIXEEE  OF  THE  FIRE  DEPART- 
MENT  642 

SPECIAL  POLICE 

appointment  of,  for  public  parks   172,  211 

appointment  of,  by  Water  Department   183-184 

SPEED  OF  RAILROAD  CARS    754 

SPRINKLING  OF  STREETS 

by  street  railway  companies   1026 

penalty  for  neglect,  by  street  railway  companies  as  to 1027 

SPITTING  ON  DOOR  STEPS  762 

on  sidewalks  or  in  public  places,  prohibited 764, 1000 

definition  of,  and  penalty  for  764, 1000 

SPRUCE  STREET 

opening  of  part  of,  prohibited   257 

parts  of,  vacated   257,  265, 1060 

width,  and  location  of   941 

STABLES 

not  to  be  erected  within  forty  feet  of  adjoining  property  owner, 

when  903 

offensive  or  noisome,  prohibited   774,  788 

throwing  or  running  contents  of,  into  streets,  prohibited 773 

STAGNANT  WATER 

in  cellars,  prohibited   773,  788 

removal  of,  by  Board  of  Health   143 

STALLIONS 

showing  of.  in  streets,  prohibited   520,  749 

STALLS  (See  Stands) 

STANDS  (See  Carriage  Stands) 

on   sidewalks,  prohibited    743,  823,  826 

Avhen  shop  keepers  may  have,  on  streets 743,  824,  826 

STATE  AUDITOR 

to  audit  accounts  of  Wilmington  Institute 525 


1234  INDEX. 

STATE  DETECTIVES 

Governor  to  appoint    ICO 

how  removed    161-162 

term  of  office   ; 160 

salary,  powers,  duties  and  oath  of  office 101 

STATE  OF  DELAWARE  (See  Title,  "Constitution  of  Delaware") 

property  of,  exempt  from  taxation   83 

standard  of  weights  of,  is  that  of  City 814 

STATE  CHEMIST 

custodian  of  standard  of  weights  of  State 814 

to  make  certain  tests  as  to  oils  550 

STEAMBOATS  (See  Vessels) 

infected  with  disease    780 

regulations  as  to  carrying  dead  bodies  by 785,  792 

regulations  as  to  speed  of   918 

STENOGRAPHER  AXD  TYPE\^TiITER  FOR  CITY  SOLICITOR 

employment  of   606 

salary  of   607 

STEPS 

how  to  be  erected 128,  256,  938, 1017 

STIDHAJM  STREET  (See  Fifteenth  Street) 

extension  of   941 

name  of,  changed  to  Fifteenth  street    941 

STONES 

throwing  of,  in  streets,  prohibited   753 

STOOPS 

how  to  be  erected 128,938, 1017 

STRAW  (See  Hay) 

sales  of,  from  wagons,  prohibited  in  streets 1012 

STORAGE  (See  Auctioneers) 

STREETS 

abutter  may  pave   (obsolete)    123 


INDEX. 


1235 


STREETS—  ( Continued ) 

abutting  owners  on  certain,  may  permit  sale  of  produce  on 824 

ancient,  extension  of   ^*'- 

animals  at  large  in,  prohibited '-15,  1 4< 

Acts  and  ordinances  authorizing  bonds  for  (See  Bonds,  "Improve- 
ment of  Streets") 

aqueducts  and  water  pipes  in   1 '  < 

area  ways  and  cellar  ways  in lOlG,  101 1 

ascents  and  descents  of,  ordinance  regulating  the 129,  935 

ashes,  offal,  &c.,  not  to  be  thrown  into 758, 999 

awnings,  signs,  bulk  windows,  &c.,  on,  regulations  of  .7G0, 1013, 1015 

bay  windows,  &c.,  projecting  into   7G0, 1013 

Board  of  Health  may  order  paving  of 780 

bonfires  and  fireworks,  in,  prohibited  751 

booths,  stands,  &c.,  in,  when  allowed  and  where  prohibited 

743,  823,  824,  826 

boundary,  centre  line  of,  Avhen 74,  81-82 

bread,  foreign  fruit,  &c.,  on,  unlawful  except 826 

building  materials   in    1001 

cellar  renters  may  have  stands  on,  when  824 

centre  line  of,  boundary,  when 74,  81-82 

centre  stones  in  m 

City  map,  must  conform  to  129 

coasting  and  sledding  on,  prohibited   1020 

condemnation  of  land  for  111-117,  253 

contracts  for  work  on   234 

Councirs  former  duties,  respecting   55,  56 

curb  stone  markets  on  (See  Curb  Stone  Market) 

curb  stones  of,  regulations  as  to 123,  937-938, 1010, 1011 

damages  for  taking  lands  for HI)  112, 113 

danger  signals  on  building  material,  in 1002, 1003-1052 

danger  signals  at  excavations,  in   949,  950, 1052 

dedication  of  land  for  ■ 250,  251 

deeds  for  beds  of,  when  may  be  accepted 935, 1018 

deposits  of  building  material  in,   when 1001 

dirt,  debris,  &c.,  in,  to  be  cleaned  daily 1002 

drivers  on,  duty  as  to  fires 635 

drivers  on,  to  hold  reins  or  be  near  to  horses 746 

drivers  on,  to  keep  to  right  hand  side 745 

drivers  on,  not  to  exceed  a  moderate  gait 745 

excavations  in,  regulations  as  to  (See  Excavations) 246,254 

excavations,  for  water  and  gas  pipes,  &c.,  regulations  for 

130,  519,  520,  944 

extending  and  widening  of   HI 

extending,  widening  and  laying  out  of 112 

fast  driving  on,  prohibited   745 

fences  not  to  be  allowed  to  encroach  upon 934 


1236  INDEX. 

STREETS— (Continued) 

fish  not  to  be  thrown  into 823 

flags,  banners  and  bunting  in  and  across,  when  allowed 761 

flap  wings  and  side  awnings  over 760, 1015-1016 

fruit  that  is  decayed,  and  refuse,  must  not  be  thrown  into . .  .  824-825 

fruit  that  is  diseased  or  unripe,  not  to  be  sold  on 808 

garbage  and  refuse  not  to  be  thrown  in.  758,  797,  798,  804,  823,  825,  999 

gates  at  crossings  of,  by  railroads,  when  required 923 

gutters  in,  not  to  be  obstructed 788,  823 

gutters,  regulations  as  to   224,  228,  229,  937 

hay  in  wagons,  not  to  be  sold  on 1012 

impounding  and  sale  of  swine  at  large  on 747,  765 

indecent  conduct  and  profanity  on,  prohibited 762 

labels   for  name  of    943 

lands  contiguous  to  City,  how  laid  out  on 250,  252 

lands  outside  City,  how  laid  out  on 253,  254 

loitering  or  congi-egating  on,  when  prohibited 761 

lookouts,  &c.,  at  crossings  of,  by  railroads 755 

masquerades  on,  regulations  of   757,  758 

meat  must  iiot  be  cut  on  sidewalks  of 1026 

money  deposits  required  before  digging  up.  1004, 1005, 1039, 1040, 1053 

minors  not  allowed  to  assemble  on 751 

motor  vehicles  on,  regulations  as  to 554 

mountebanks  on,  prohibited   826 

names  of,  when  unlawful  to  change 289 

names  of  certain,  changed  942 

new,  who  to  lay  out 112 

newspapers  with  indecent  words,  &c.,  in  them,  jjrohibited  on 762 

obstructions   in,  prohibited   744, 1020 

obscene  pictures  posted  on,  prohibited 762 

offensive  matter  must  not  be  thrown  or  discharged  into. ..  .773,  823 

opening  of,  &c.,  of 112,  228,  253 

opening,  payment  of  cost  of  (benefits) 115 

ordinances  anu  rules  relating  to   230 

owners  of  property  one-half  mile  outside  of  city,  may  lay  out. .  .253 
may    change    grade    of,   with    consent    of    Street    and 

Sewer  Department    254 

o^vners  of  property  contiguous  to  City,  may  lay  out 250 

paving  of,  between  curbs 119 

paving  of  footways  of  119 

permits  for  digging  up  1004, 1047,  1049 

plans  of  (ancient) ,  adopted  and  confirmed 935,  940 

plans   for    230,  231,  619-622 

plans  of,  duties  of  Chief  Engineer,  respecting 230,  619-622 

plots  of,  contiguous  to  City,  to  be  filed  in  the  office  of  the  Re- 
corder of  Deeds  250 

of  what  made  251 


INDEX.  1237 

STREETS— (Continued) 

when  recorded,  it  amounts  to  dedication 251 

IH'otection  poles  in,  penalty  for  displacing  948 

in  public  parks    170 

racing  in,  prohibited   748 

railroad  cars  standing  across,  jn-ohibited   750 

railroad  companies  to  put  gates  at  crossings  of,  when 923 

railways  on 131 

removal  of  certain,  from  map  or  plan  of  City.  .  .1001,  1004, 1008-1009 

repairs   to    1004-1005,  1039, 1040 

repairs  of,  between  railway  tracks    (See  Street   Railway  Com- 
panies)     132 

scrapings  from,  regulations  of  deposits  of 780 

sewers  in,  regulations  as  to 244,1004,1041,1047,1049,1051,1053 

shinney,  ball  playing  and  throwing  of  stones  in,  prohibited 753 

shojj  keepers,  &c.,  may  exliibit  goods  on  within  four  feet  of  the 

building   line    743,  824,  820 

small  pox  patients,  at  large  upon,  when  prohibited 783,  784 

si^rinkling  of,  by  street  railway  companies,  when  to  be  done.  . .  .1020 

stallions,  not  to  be  shown  in 520,  749 

steps  and  stoops,  regulations  as  to 128,  938, 1017 

Street  and  Server  Department,  has  control  of 224-237 

swine  at  large  on,  prohibited 745,  747,  704 

Tenth  street  to  Eleventh  street,  distance  between 942 

tracks  and  sidings  on 132 

tracks  prohibited  on  certain   250,  508,  509 

turnpikes,  when  and  how  may  be  taken  for  public 118 

underground  pipes  and  wires  in 130 

vacation  of,  and  roads 110,  204-206, 1064-1070 

wagons,  &c.,  standing  in,  prohibited 744 

wharves  leased  at  ends  of  (See  Wharves) 

wheelbarrows,  &c.,  on   703 

width  of,  hereafter,  to  be  forty  feet 935 

width  of  sidewalk  of,  fixed 937 

width  of  certain,  established  933,  935 

width  of,  acts  relating  to   127-128 

Wilmington  Coal  and  Gas  Company's  rights  in 519,  520 

wires  over   954 

STREET  CARS 

(See  Wilmington  City,  Eighth  Street,  and  Front  and  Union  Railway 

Companies) 

blocking  of,  unnecessarily,  not  to  be  allowed 1027 

conductors  of,  to  stop  cars  upon  apjiroach  of  fire  apparatus 035 

to  be  equipped  with  fenders  and  wheel  guards 1024 


1238  INDEX. 

STREET  CARS— (Continued) 

(See  Wilmington  City,  Eighth  Street,   and  Front  and  Union  Railway 

Companies) 
franchises  of  railway   companies   operating,  that  have  not  been 

used,  recalled  and  annulled  1031 

freight  cars  not  to  remain  on  track  longer  than  necessary   to 

load  and  unload    1028 

niotormen  of,  not  to  obstruct  or  interfere  with  ambulances .  986, 1024 

not  allowed  to  remain  on  street  when  not  in  use 1029 

penalty  for  failui'e  of  companies  operating,  to  abate  unnecessary 

and  avoidable  noises    1030 

tracks  for,  required  to  be  laid  on  certain  streets 1032 

forbidden  on  certain  streets   256,  508,  509 

unlimited  consents  for  laying  of  tracks,  revoked 1031 

unnecessary  and  avoidable  noises  by,  to  be  prohibited,  and  duty 

of  Street  Commissioner  as  to 1030 

STREET  COMMISSIONER 

(See  Street  and  Sewer  Department,  and  Streets) 

appointment  of    230 

ashes  and  household    rubbish    to    be    removed  under  supervision 

of  (See  p.  225)    998 

Auditor's  duties  respecting   570 

Building  Inspector  to  perform  certain  duties,  formerly  performed 

by  581 

certificate  to  Chief  Engineer  and  Surveyor,  to  be  issued  by 1009 

control  of    230 

danger  signals  in  streets,  duties  of,  as  to 950 

deposit,  amount  to  be  fixed  and  held  by,  in  certain  cases 1005 

duties  as  to  paving  and  curbing 119,  1009 

duties  of,  generally   230 

excavations,  to  report,  as  to 944 

gunpowder,  duties  as  to 964 

hay,  duties  of,  as  to  storing 752,  753 

money  deposits  for  tearing  up  street,  when  to  be  used  by 1005 

noises  of  an  avoidable  character  made  by   street  railway  cars, 

duties  of ,  as  to   1030 

nuisances  in  streets,  to  be  abated  by 143 

obstructions  to  light  of  public  lamps  to  be  removed  by 968 

officer  of  Board  of  Health 770 

pay  roll,  duties  of,  as  to 615 

permits  for  paving  and  repairing  of  sidewalks  to  be  issued  by.  .1009 

removal  of    230 

salary  of   608 

street   scrapings,   deposits   of,   by 786 

tar  in  state  of  manufacture,  duties  of,  as  to 967 


INDEX.  1239 

STREET  COMMISSIONER— (Continued) 

(See  Street  and  Sewer  Department,  and  Streets) 

telegi-apli  wires,  duties  as  to 954 

term  of  office  of   230 

trees  to  be  trimmed  and  removed  by  order  of 995 

trees,  duties  of,  as  to  995 

STREET  CROSSINGS 

obstruction  of,  by  railroad  companies,  prohibited 756 

railroad  companies  to  jjut  gates  at 923 

railroad  lookouts  to  lie  kept  at 755 

STREET  AND  SEWER  DEPARTMENT 

accounts  and  books  of 232 

accounts  of,  to  be  examined  by  Council  and  Auditor 236 

Act  relating  to    224-237 

sewers  and  drains   238-248 

applications  for  sewer  permits  to  be  granted  by.  1004, 1047, 1048, 1049 

appointment  of  Commissioners  of  227 

apportionment  of  cost  of  sewers  to  be  made  by 239 

aj^propriation  to,  by  Council   59,  231-232 

assessments  for  sewers,  powers  and  duties  of 239,  240 

none  made  by,  when 243 

ashes  to  be  removed  by 225 

Auditor  to  examine  bills  of  235 

bids  for  w-ork  to  be  advertised  for 234 

bids  for  work  for,  how  to  be  signed 234 

bills  for  paving  and  curbing  to  be  presented  by 120 

bonds  of  drain  layers  to  be  approved  and  filed  by 1039 

bonds  of  members  of,  form  of 236 

bookkeeper  and  assistant  secretary,  office  of  combined  by 1034 

cancellation  of  curb,  paving  and  sewer  liens  may  be  made  by, 

when  246 

certificates  for  curbing  and  paving  to  be  recorded  by 126, 127 

change  of  grade  outside  of  Cfty,  may  be  approved  by 254 

compensation  of    228 

condemnation  of  land  by,  powers  of,  as  to 228 

construction  and  use  of  sewers  to  be  regulated  by 243 

contracts  of,  how  let  out  by  234 

cost  of  constructing  sewers  by,  hoAV  paid 239 

Council,  estimates  prepared  for,  by 231 

Council  to  determine  amount  necessary  for 231 

curb,  powers  of  as  to   119, 123, 1010 

creation  of   224 

damages  for  land,  &c.,  taken  by  228,  246 

deposit  of  moneys  of 236 


1240  INDEX. 

STEEET  AND  SEWER  DEPARTMEXT— (Continued) 

deposit  of  moneys  with  1004, 1005, 1039, 1053 

deposits  of  building  materials  in  streets  unlawful   without  per- 
mission  from    1001 

disbursements  by    236 

drain  layers  to  be  licensed  by 244, 1038, 1039 

drain  layers  to  be  regulated  by 244 

estimates  to  be  furnished  to  Council  by 231 

€xemf)tions  from  assessment  of  240,  243,  486-487,  523,  526 

fiscal  year  of,  termination   1071 

footways  to  be  repaired  by  123, 124 

Gilpin  avenue  and  changes  that  may  be  made  in,  by 255 

house  drainage  and  cesspools  may  be  regulated  and  inspected  by.  155 

land  may  be  sold  for  sewer  liens  by 242 

lien  of  assessments  by   241 

market  shed  at  Front  and  Church  streets  under  the  direct  con- 
trol  of    832 

monej's  of,  unlawful  use  of ,  by  235 

oath  of  members  of 227 

officers  and  agents  may  be  employed  and  discharged  by 232,233 

officers  and  servants  of   230, 1008, 1034 

ordinances  to  remain  in  force  until  changed  by 230 

organization  of   228 

overhead  bridges,  powers  and  duties  of,  as  to  certain 510-512 

paving  liens  to  be  collected  by 120, 122 

curbing  and  paving  of  footways  to  be  under  the  direction  of 

119-123, 1009, 1010, 1011 
permits  for  drains  and  sewer  contracts  to  be  issued  by 

1004. 1047, 1048, 1049 
permits   to   be   issued   by,   for  deposits   of   building   material   in 

streets    1001 

permits  for  privy  vaults  may  be  granted  by 127 

special  when  granted  by.  1054-1055 

plans  for,  by  whom  made  and  kept 230,  231 

plots  of  land  contiguous  to  City,  may  be  approved  by 250,  251 

plumbers  to  be  under  regulation  of 155 

politics  of  members  of  227 

powers,  duties  and  jurisdiction  of 224-229 

powers  formerly  possessed  by  Council  now  vested  in 229 

property  may  be  pui"chased  by 233 

qualification  of  members  of 227 

removal  of  members  of  227 

rents,  &c.,  except  sewer  liens,  returned  to  City  by 60 

repairs  to  be  made  by,  from  deposit  monej',  when 1052-1053 

rights  of  owners  of  land  assessed  by 241 

rules  may  be  made  Ly 230 

rules  and  penalties  that  may  be  imposed  for  breach  of  them.  . .  .244 


INDEX.  1241 

STREET  AXD  SEWER  DEPARTilEXT— (Continued) 

rules  and  regulations  to  be  printed  by,  and  left  in  office 245 

salaries  of   228 

sewers  may  be  condemned  by  233 

sewer  rates  may  be  fixed  by 233 

sewers  may  be  constructed  hy 238-239 

sewer  liens  may  be  collected  by  242 

sewer  liens  to  be  certified  by   241 

sewer  liens  and  duties  of,  as  to  241 

sewer  permits  to  be  issued  by  243 

sewers  within  one  mile  of  City  may  be  built  or  acquired  by 245 

sewer  rates  to  be  fixed  by 233,  239-240 

sewer  connections  to  be  regulated  by  241 

small  streams  and  land  may  be  acquired  by,  amicably,  otherwise 

by  condemnation  proceedings   246 

small  streams  within    one    mile    of    City    may  be  taken  by,  for 

sewers   245-240 

statements   of  receipts   and  disbursements  by,  to  committee   of 

Council   236 

Street  Commissioner  under  control  of 230 

street  railways  and  powers  of ,  as  to 494,  495,  498,  499,  503,  508 

supervisors  of,  and  their  duties 1034 

terms  of  office  of  members  of 226 

trees,  and  powers  of,  over 994,  995 

turnpike,  when  and  how  may  be  taken  for  public  street  by 118 

iniused  street  railway  grants,  forfeited  by 1031 

vacancies  in,  how  filled   227 

vacation  of  streets  for  overhead  bridges,  may  be  made  by 512 

violation  of  permits  and  powers  and  duties  of,  in  such  cases .  .  1052-1054 
Webb  street  and  authority  to  lay  sewer  in 247 

STREET  RAILWAY  CO^IPAXIES  (See  Titles  of  Respective  Companies) 

to  keep  cars,  &:c.,  in  condition  to  avoid  unnecessary  noise 1030 

to  pay  a  certain  tax  on  tracks,  &c 84 

sprinkling  of  streets,  duty  of,  as  to 1026 

trades  to  be  laid  by,  on  certain  streets 1032 

not  to  be  laid  on  certain  streets 256,  508,  509 

unlimited  consent  to,  annulled   1031 

unused  franchises  of,  annulled   1031 

STYLE  AXD  XAIME  OF  CITY   28 

SUPERIX'TEX'DEXT  OF  FIRE  ALARM  SYSTEM 

appointment,  duties  and  salary  of 000-601 

SUPERIXTEXDEXT  OF  PUBLIC  SCHOOLS 

one  of  the  managers  of  the  Wilmington  Institute 525 


1242  INDEX.  ^ 

SUPERINTENDENT  OF  WATER  WORKS  AND  GAS  COMPANY 

certain  duties  of,  as  to  excavations 944 

SUPERVISORS  OF  STREET  AND  SEWER  DEPARTMENT 

districts   of    1034 

to  investigate  accidents  and  make  daily  reports 1034 

SURETIES  (See  Indemnifying  Bonds,  and  Official  Bonds) 

of  assessors  and  collectors,  liability  and  powers  of 83,94,102 

members  of  Council,  disqualified  for GOT,  980 

SURETY  COMPANIES 

may  execute  bonds,  &c.,  wh^en    532 

certificate  of  Insurance  Commissioner,  what  to  show  as  to  surety 
companies    533 

SUPERIOR  COURT  FOR  NEW  CASTLE  COUNTY 

to   appoint   commissioners   to   condemn   land   for   street   railway 
companies    496,  501,  506 

SURVEYING 

cost  of,  in  extending  City  limits,  how  paid 22 

SURVEYING  DEPARTMENT 

(See  Engineering  and  Surveying  Department) 

SURVEYORS  AND  REGULATORS 

(See  Assistant  Engineers  and  Surveyors) 

appeals  from,  to  Council    133 

appointment  and  term  of   133 

gutters  to  be  laid  out  by 127 

centre  stones  to  be  fixed  by  Ill 

duties  of,  as  to  contracts  for  grading,  &c 622 

erection  of  fences    135 

party  walls    133 

oflScial  bond  of    618 

vacancies  in  olfice  of  607 

SWALLOWS 

are  "dumb  animals" 972 


INDEX.  1243 

SWINE  (See  Animals,  Hog  Pens) 

at  large,  prohibited   56,  745,  764 

impounding  of  747,  765 

notice  to  owner  of    747, 765 

regulations  for  construction  of  pens,  for 765-766 

sale  of    747,  765 


TABLE  OF  CASES xvii,  xviii,  xix,  xx,  xxi,  xxii,  xxiii,  xxiv 

TABLE  OF  CONTEXTS vii,  viii,  ix,  x,  xi,  xii,  xiii 

TAR 

duty  of  Judge  of  Municipal  Court  to  prevent  manufacture  and 

boiling  of   967 

heating  of,  when  lawful   966-967 

manufacturing  and  boiling  of,  prohibited   966-967 

duty  of  Street  Commissioner  and  constables  as  to 967 

TATNALL  STREET 

width  of    934 

part  of,  vacated    1065 

TAVERNS  (See  Tippling  Houses) 

TAXATION  (See  Exemption  from  Taxation,  Taxes) 

TAXES 

abatement  of   94 

advertisement  of  list  of  persons  and  real  estate  in  cases  of  un- 
paid      99 

assessment  and  collection  of  80-104 

bills  and  receipts  for  93 

City  bonds,  exempt  from   104 

certificates  of  99 

Clerk  of  Council's  duty,  as  to   567 

Council  cannot  release  or  exempt  persons  from 103 

distraint  of  goods  and  chattels  for 97 

deed  of  purchaser  who  buys  land,  for   98 

electric  light  companies  to  pay  certain 84-80 

exemptions  from  (See  Exemptions) 

exemptions    from    S3,  84, 103, 170,  487-492.^,523,  526 

gas  companies  to  pay  certain 84-86 


1244  INDEX. 

T  AXE  S—  (Continued) 

heat,  light  and  power  companies  to  pay 86 

horses,  subject  to   103,  929 

how  levied  and  collected  on   929-930 

how   long   collectible    83,  95,  9G 

liability  for,  when  owner  of  jjroperty  changed  and  no  notice  given  107 

lien  of   95-98 

extension   of    96 

limitation  of   95 

transferred  to   fund  in  case  of  sale  under  execution  pro- 
cess      96 

minors'  property  liable  for   97 

non-residents'  property  liable  for   97 

owners,  unknown,  taxes  collected  from  property  of 98 

public  service  corporations,  to  pay  certain S4-86 

park  lands,  exempt  from   170 

payments  of  collectors  of 101 

permit  to  erect  or  repair  houses  may  be  withheld  until,  paid.  .  .  .156 

poll,  rate  of    90,  91 

property  liable  for   97,  98 

rate  within  extended  limits    21-27 

rates,  how  fixed    90-91,  92 

redemption  of  land  sold  for,  time  of,  &c 99 

sales  for  collection  of 98 

street  railway  companies  to  pay  certain 84-86 

telegraph  companies  to  pay  certain   84-86 

telephone  companies  to  pay  certain 84-86 

title  of  purchaser  who  buys  lands  sold  for 98 

water  companies  to  pay  certain 86 

TAYLOR  MORTGAGE 

bond  for  payment  of   470-471,  684 

TELEGRAPH  POLES  (See  Poles) 

telegraph  companies  to  pay  tax  on  miles  of  street  used  for  wires 
and  poles   85 

TELEGRAPH  ^^^RES  (See  Wires) 

TELEPHONE  POLES  (See  Poles) 

telejihone  companies  to  pay  tax  on  miles  of  streets  used  for  w'ires 
and  poles  85 


INDEX.  1245 

TENTH  STREET  (See  Chestnut  Street  (Old)  ) 

part  of,  vacated 2G4,  04G 

part  of,  removed  from  plan  or  map  of  City 1062 

no  railway  or  railroad  company  to  lay  track  upon  part  of 509 

ordinance  for  issuance  of  bonds  for 716 

TENANTS 

complaints  from,  as  to  water  in  cellar 773 

digging  of  privy  wells  in  cellars  by,  unlawful 786 

duties  of,  as  to  removal  of  weeds 786 

removal  of  snow   1019 

privy  vaults    789 

goods  of,  liable  for  taxes  of  landlord 97 

penalty  for  refusal  of,  to  obey  Board  of  Health 143 

privy  vaults  may  not  be  dug  by,  when 127 

remedy  of,  against  landlord 97 

removal  of,  from  unclean  premises  784 

THEATRES  (See  Shows) 

license  fee  for    522,  959 

"THE  MAYOR  AND  COUNCIL  OF  WILMINGTON"  is  corporate 
name  or  title  of  City   28 

THIRD  STREET 

extension  of   941 

leasing  of  wharf  at  end  of 920 

part  of  vacated  1060 

width  of 934 

THIRTY- THIRD  STREET 

jjart  of,  A^acated   1064 

THIRTY-FOURTH  STREET 

part  of,  vacated   1065, 1069 

THIRTY-FIFTH  STREET 

.part  of,  vacated    1065 

THIRTY- SIXTH  STREET 

name  of,  changed  to  Barrett  street 1058 

part  of,  vacated   1065 

THORN  STREET 

width  of   934 


1246  INDEX. 

TIE  VOTE  (See  Votes) 

at  elections  for  assessor  and  collector 82,  412,  413 

at  elections  for  Citj  offices,  generally   412-413 

TIPPLIXG  HOUSES 

definition  of   750 

penalty  for  keeping  749 

TITLE 

corporate  name  or  title  of  City  28 

examinations  of,  by  City  Solicitor  573 

to  old  Academy,  Ninth  ward,  vested  in  City 523 

to  certain  school  houses,  vested  in  City 438 

sales  of  lands  for  collection  of  taxes 98 

liens  for  repairing  sidewalks    122.  124 

paving  and  curbing  liens    120 

sewer  liens    242 

street  liens    116 

cost  of  abatement  of  harbor  nuisances   190,  191 

TORPEDOES  (See  Bombs) 

TOWNSENB  STREET 

part  of,  vacated   265, 271 

TREASURER 

bond  of    62,  575 

Building  Inspector  to  pay  over  fees  to 837 

cash  book  to  be  kept  by 576 

City  officer    30 

Clerk  of  Market  to  pay  over  fees  to,  when 828-829 

•    clerk's  salary 61 

clerk  may  be  appointed  by  61 

clerk  may  be  discharged  by 61 

deposit   of  moneys   by 63,  575 

duties  of    64 

duties  of,  as  to  certain  bonds  460,  475 

election  of  61 

engineers  of  City  Surveying  Department  to  pay  moneys  to 621 

illegal  payments  by,  penalty  for 63 

money  orders  to  be  countersigned  by  63, 575 

office  and  office  hours  of 576 

pay  roll,  duties  of,  as  to 616 

salary  of   68,  608 

sinking  fund  commissioners  to  receive  payments  from 928 


INDEX.  1247 

TREASURER—  ( Conti  nued ) 

Solicitor  to  be  notified  by,  of  unpaid  balance  due  from  assessors 

and  collectors  101 

statements  to  Council,  by  63,  570 

statements  to  be  made  and  delivered  to  Clerk  of  Council,  by. . .  .988 

penalty  for  failure  so  to  do 988 

term  of  office,  of Gl 

A'acancy  in  office  of,  how  filled 35 

warrants  for  fees  of  witnesses  in  Municipal  Court,  paid  by 50 

warrants  of  Board  of  Public  Education  to  be  countersigned  by.  .434 
warrants  of  Slreet  and  Sewer  Department  to  be  countedsigued 

by   236 

warrants  of  Water  Department  to  be  countersigned  by 183 

TREASURER'S  CLERK 

appointment  and  term  of 61 

removal   of    61 

salary  of   61,  576,  608 

salary  of,  may  be  increased  by  Council 61 

TREES 

MtcMng  horses  to,  unlawful  969 

penalty  for  hitching  horses  to   969 

impounding  horses,  unlawfully  hitched  to 969 

penalty  for  obstructing  public  lamps  by 968 

in  public  parks,  penalties  for  injury  to 1095 

penalty  for  injuries  to 968-969, 1007 

signs,  advertisements  and  show  bills  on,  unlawful 994 

penalty  for  signs,  as  aforesaid  994 

certain  kind  of,  unlawful  to  plant 995 

where  may  be  planted 995 

to  be  kept  trimmed  and  removed,  when 995 

TURNPIKE 

when  and  how  taken  for  public  street 118 

TWELFTH  STREET  (See  Dickinson  Street) 

Act,  respecting  part  of 266 

right  to  open  part  of,  prohibited 266 

TWELFTH  WARD 

limits  of,  extended  28 

TWENTIETH  STREET 

width  and  course  of,  changed  258 


1248  INDEX. 

TWENTY-FIRST  STREET 

width  and  course  of,  changed 259 

TWENTY-SECOND  STREET 

width  and  course  of,  changed   260 

TWENTY-THIRD  STREET 

width  and  course  of,  changed ., 260-261 

TWENTY'-FOURTH  STREET 

part  of,  vacated 262 

THREE-FOURTHS  VOTE   (See  Votes) 

TWO-THIRDS  VOTE  (See  Votes) 


u 

UNANIMOUS  VOTE  (See  Votes) 

UNCOVERED  OPENINGS 

in  sidewalks,  unlawful   1016 

UNDERGROUND  WIRES 

conduits  for    80 

powers  of  Council,  respecting  130 

UNDERTAKERS  (See  Burials) 

burial  of  dead  bodies,  duties  of,  as  to 109 

penalty  for  burial  or  removal  of  dead  bodies  without  permit 

110,796 
permits  for  burials,  to  be  obtained  by 109,  795 

UNION  FIRE  COilPANY 

location  of   629,  647 

made  a  member  of  the  Fire  Department 647 

UNUSED  STREET  RAILWAY  GRANTS 

on  streets  of  City,  recalled  and  annulled 1031 

UNLIMITED   CONSENTS   OF   STREET   RAILWAY   COMPANIES, 

REVOKED    1031 


INDEX.  1249 


UNITED  STATES 


City  officers  required  to  take  oath  to  support  the  Constitution 

of  the   31 

cession  of  laud  to 486 

public  buildings  of,  exempt  from  taxation 83, 485, 486 

UNPAVED-  SPACES  ON  SIDEWALIvS 

unlawful  to  injure  grass,  plants  or  trees  on 995-996, 1007 


VACANCIES  (See  Titles  of  Different  Offices) 

in  elective  offices  of  City,  how  filled,  generally 35 

in  offices  filled  by  apiJOintment  of  Council 607 

in  candidates  for  office,  how  filled 371-372,  406 

in  challengers  at  election ..285 

in  election  officers,  what  constitutes 286 

in  poll  ■  clerks   286 

in  offices  as  the  result  of  tie  vote  (See  Tie  Vote) 

VACANT  LOTS 

of  City,  abatement  of  nuisances  on  143 

of  removal  of  weeds  from  786 

Street  and  Sewer  Department  may  compel  paving  in  front  of. . .  .123 
no  waste  or  refuse  matter  to  be  placed  on 804 

VACATION 

of  certain  streets    264-266, 1064-1070 

of  roads,  notice  of,  required  110 

of  streets  for  overhead  bridge 512 

VACCINATION  (See  Vaccine  Physicians) 

division  of  City  into  districts  for  pmposes  of 790-791 

gratuitous,  regulations  of    791 

VACCINE  PHYSICIANS  (See  Vaccination) 

appointment  and  duties  of 791 

office  signs  of 791 

salary  and  reports  of   791 

vacancies  in  office  of,  how  filled 792 

VANDEVER  AVENUE  (See  Marsh  Road) 

establishment  of   262 


1250  INDEX. 

VAULTS  (See  Cesspools,  Graves) 

VEAL  (See  Inspector  of  Meat,  Meats) 

sale  of  J  beloAY  certain  age,  prohibited 805 

VEHICLES  (See  Carriages,  Wagons) 

duty  of  drivers  of  all,  as  to  fires 635 

regulations  of  speed  of,  on  railroad   754 

VENDUES.  (See  Auctions) 

on  sidewalks,  regulations  of   743 

VESSELS  (See  Quarantine) 

aground,  exception  as  to'  penalty 917 

ballast  from,  must  not  be  discharged  in  streams 916 

damaged,  view  of  Port  Wardens   of 196 

dead  bodies  aboard  vessels,  regulations  of 785 

harbor  master,  duties  of,  respecting  917-918 

infected  with  disease,  removal  of  780 

regulations  for  mooring  of   196,  915,  916 

regulations  of  speed  of   918 

regulations  of,  at  wharves,  &c 916 

VETO  POWER  OF  ]\IAYOR 

as  to  ordinances  passed  by  Council 57 

as  to  borrowing  money  in  excess  of  the  funded  debt 77,  78 

ordinances  to  which,  not  applicable 78 

VISITING  COM]\IITTEES  (See  Board  of  Public  Education) 

VOTERS  (See  Elections) 

registration  of  (See  Registration  of  Voters) 

VOTES  (See  Elections,  Tie  Vote  and  Titles  of  Different  Offices) 

for  assessors  and  collectors  82 

for  borrowing  money  in  case  of  calamity  to  City  Hall  or  W^ater 

Works   80 

for  City  Treasurer  61 

for  extraordinary  appropriation  ordinances   76 

for  Mayor   32 

for  members  of  Council   53,  405 

for  officers  of  Council  54 

for  ordinances    54,  57,  75 

for  President  of  Council 52 


INDEX.  1251 

VOTES  (See  Elections,  Tie  Vote  and  Titles  of  Different  Offices)— (Con- 
tinued) 

tie  votes,  and  power  of  Council  to  elect  in  such  case 82,412-413 

when  aye  and  no  vote  required 54, 57,  65,  7G,  77, 614 

majority  vote  siifficient   35,54,65,75,77,81,112,194,210 

plurality  vote  sufficient  to  elect 32,  52,  61 

three-fourths  vote  required  78,  80 

two-thirds   vote   required 35, 57,  75,  76,  77,  78, 131, 171, 173, 

176, 227,  434,  463,  629 
unanimous  vote  required   180,  235 


WAGONS 

coal,  coke,  &c.,  to  be  placed  so  as  not  to  obstruct  street  railway 

cars   1028 

duty  of  drivers  of,  and  other  vehicles  as  to  fires 635 

fee  for  weighing  of   587 

on  grass  jjlots,  prohibited  995-996 

limit  of  time  allowed  on  narrow  streets,  with  track  on  same. . .  .1029 
loading  and  unloading  on  streets  with  track  on,  how  to  be  done  1028 

sales  of  hay,  &c.,  from,  prohibited  in  streets 1012 

on  sidewalks,  prohibited 742,  744 

street  cars,  not  unnecessarily  to  be  blocked  by 1027 

in  curb  stone  markets  (See  Curb  Stone  Markets) 

WALLS  (See  Building  Regulations,  Party  Walls) 

powers  of  Council,  respecting   56 

WALNUT  STREET 

wharf,  leasing  of   523,  920 

width  of   934 

vacation  of  parts  of 265-268,  949 

WAEDS 

boundaries  of   21,  22,  26,  68,  72-74 

WAENER  STREET 

a  part  of,  removed  from  City  plan  or  map 1068 

WARRANTS  (See  Municipal  Court) 

of  Street  and  Sewer  Department  236 

for  tax  lists   92 


1252  INDEX. 

WARRANTS  (See  Municipal  Court)— (Continued) 

of  Water  Department   183 

for  witness  fees  in  Municipal  Court,  to  be  made  payable  to  the 
person  entitled  to 50 

WASHINGTON  FIRE  COMPANY 

location   of    ".  . . .  629 

WASHINGTON  STREET  (Old)   (See  Fourteenth  Street) 

extension  of   941 

name  of,  changed  to  Fourteenth  street   941 

WASHINGTON  STREET  (See  Pasture  Street) 

parts  of,  vacated    264, 946 

WASH  PAVES 

use  of.  at  certain  hours,  the  result  of  permission  granted 1085 

WASTE  PAPER  RECEPTACLES 

penalty  of  persons  defacing  same 997 

WASTE  PIPE  OF  REFRIGERATORS 

not  to  be  connected  directly  with  soil  pipe  or  sewer 1044 

WATER  (See  Water  Department,  Water  Pipes,  Water  Service) 

cellars  with,  in,  prohibited   773,  774 

drainage  of,  on  premises  of  another,  prohibited 774 

horse  troughs,  &c.,  regulations  of,  use  of,  in 1084 

meters  for,  when  to  be  used 1083, 1085, 1086 

detector,  when  to  be  used   1083 

powers  and  duties  of  Water  Department  as  to  supply  of . .  .  .174,  183 

private  pipe  for  supply  of   1083 

regulations  concerning  supply  and  use  of 1075-1088 

rents  for  supply  of,  by  whom  collected 1081, 1085 

sprinkling  of  streets  with   1026, 1085 

stagnant  pools  of,  prohibited   771,  774 

unlawful  use  of.  penalty  for 1079, 1080, 1082, 1085 

wasting  of,  penalty  for   1079, 1080 

WATER  CLOSETS 

(See  Building  Regulations,  Plumbing  Rules   and  Regulations,   Sewers) 

WATER  COMPANIES 

to  pay  certain  taxes    86 


INDEX.  1253 


WATER  DEPARTMENT 


appointment  of  Commissions   of 175 

appro2)riation  to   59 

application  to,  for  permits  for  water,  &c 1083, 108G 

Auditor  to  examine  bills  of 180, 1079 

bonds  of  persons  bidding  for  work  of 179 

bonds  may  be  issued  by,  when 181 

books  and  accounts  of   178 

Chief  Engineer  to  report  to 1076 

Chief  Engineer,  term,  salary  and  bond  of 1075 

duties   of    1075- 107G,  1079,  lOSO,  1087 

collection  of  water  rents  by 1081, 1085 

composition  of  175 

contracts   of    179 

contract  with,  for  water,  nature  of 1082 

contracts,    rescission   of    1082 

creation  of   174 

enginemen  of,  duties  of 1077 

foreman  of,  duties  of  1077 

land  may  be  acquired  by   179,  522 

land  may  be  condemned  by,  for  enlargement  of  water  supply ....  522 

malfeasance  of  members  or  officers  of 181 

oath  of  members  of 176 

officers  and  servants  may  be  appointed  and  discharged  by 178 

ordinances  may  be  changed  and  rules  made  by 177-178 

organization  of 176 

patrol  officers  (two)  may  be  appointed  by 183-184 

pay  rolls  of,  Chief  Engineer  to  make  weekl}' 1079 

powers  and  duties  of  174, 177, 178, 183 

pemiits,  Tiow  obtained  from,  for  water 1083, 1086 

plans,  &e.,  made  to,  by  Chief  Engineer 1076 

plumber  to  notify,  when  ready  for  inspection  of  pipe 1083-1084 

public  bath  house  may  be  constructed  by 183 

qualifications  of  members  of 176 

Registrar  to  report  to 1078 

appointment  and  removal  of 178, 1077 

duties  and  office  hours  of 1078-1079 

term,  salary  and  bond  of 1077 

regulations  as  to  permits  issued  by 1079 

removal  of  members  of 176 

rents,  income,  &c.,  of,  paid  monthly  by,  to  Registrar 183 

reports  made  to,  by  Chief  Engineer 1076 

revenue  of 177 

rules  and  regulations  of   1075-1091 

salaries  of  members  of  177 

secretary  of    . , 177 

tariff  of  water  rates  by 1088-1091 


1254  INDEX. 

WATER  DEPARTMENT—  (Continued) 

terms  of  members  of 175 

vacancies  in,  how  filled  176 

vacant  houses,  to  be  notified  of 1086 

wash  paves,  permission  may  be  granted  by,  to  iise 1085 

water  pipes  may  be  laid  by  177 

water  rates  to  be  fixed  by 183 

water  rights  may  be  purchased  by 182 

water  supply  and  water  works,  under  control  of 177 

WATER  FRONTS 

disputes  respecting,  how  settled 195, 203 

WATER  METERS 

attachment  of    1083, 1085, 1086 

not   registering    1088 

not  to  be  disconnected  except 1087 

where  kept   1087 

WATER  PIPES  (See  Excavations) 

duties  of  Chief  Engineer  of  water  works,  respecting 1075-1076 

foreman  of  water  works,  respecting 1077 

entry  for  inspection  of 1080 

excavations  in  streets  for  1083 

fire  hydrants,  duty  as  to  1080-1081, 1083, 1084 

obstriiction  of    1084 

meters  on    1085 

penalty  for  introducing  fixtures  without  a  permit 1079 

permits  for  connections  for  1083 

private,  regulations   of 1082 

private,  rescision  of  contracts  for 1082 

regulations  of  stop  cocks  for 1080, 1081 

as  to  ferrules  1080 

separate  for  each  house 1080 

tax  for  

waste  by  and  repairs  to  1079, 1080 

WATER  RATES 

amount  of,  how  fixed   183 

collection  of   177, 1081 

exemption  from,  when 1086 

payable,  when    1081, 1085, 1088 

penalties  for  non-payment  of   1082, 1088 

tariff  of   1088-1091 


INDEX.  1255 

WATER  RENTS  (See  Water  Rates) 

WATER  RIGHTS 

bonds  for  purchase  of  463 

purchase  of   174;  181 

WATER  SUPPLY 

bonds  for  (See  Bonds) 

condemnation  of  laud  for  enlargement  of 522 

WATER  STREET 

sidewalks  of,  widened  937 

parts  of,  vacated    264, 265, 1065 

width  of    128, 933 

WATER  TAX  (See  Water  Rates) 

WATER  ^\^TCH  FIRE  COIVIPANY 

location  of   629,  642 

reinstatement  of  642 

reincorporation  and  powers  of  538 

WATER  WORIvS  (See  Water  Supply) 

control  and  care  of   177, 1075 

extraordinary  appropriation  in  case  of  injury  to 80 

penalties  for  injuties  to   1081, 1084 

WEBB  STREET 

sewer  in  247 

WECCACOE  FIRE  CO]\IPAXY 

location   of    629 

WEEDS 

removal  of,  from  vacant  lots   786 

■  sidewalk  covered  with,  a  nuisance 1007 

WEIGHING  (See  Weigh  Master) 

duties  of  Weigh  Master,  respecting  586 

fees  for    587 

penalty  for  unloading  hay  without  weighing 588 


1256  INDEX. 

WEIGH  MASTERS 

appointment  of,  by  Council   586 

may  appoint  deputies   586 

oath,  duties  and  fees  of  58G-587 

WEIGHTS  AND  MEASURES 

condemnation  of  bl5 

Council's   powers   respecting    56-57, 814 

dry  and  liquid,  regulations  of 816 

false,  sales  by,  prohibited 815 

fees,  respecting  816,  817 

regulations  of,  in  sales  of  ice 953 

corn  meal   953 

regulator  of,  Clerk  of  Market  to  be 816 

regulator  of  (See  Clerk  of  Market) 
sealer  of  (See  Clerk  of  Market) 

sealing  and  stamping  of   815 

standard  of,  is  that  adopted  by  the  State 814 

WELLS  (See  Cesspools) 

powers  of  Coimcil  to  supervise   (obsolete) 133 

WEST  DOCK  STREET  (See  Dock  Street) 

part  of,  vacated 267 

WEST  FOURTEENTH  STREET 

part  of,  vacated   '. 1063 

WEST  STREET 

extension  of,  prohibited   263 

leasing  wharf  at  end  of 920 

part  of,  vacated 263, 1065 

width  of   934 

W^ST  LIBERTY  STREET 

part  of,  vacated  1069 

^\TIARF  COMMISSIONERS 

salary  of 609 

WHARVES  (See  Harbor  Commissioners  and  Port  Wardens) 

erection  of,  without  license   190 

fronts  of 195,  916 

leases  of   128,  919-920, 1033 


INDEX.  1257 

^^'HARVES    (See    Harbor    Commissioners    and   Port   Wardens)— (Con- 
tinued) 

licenses  to  erect  or  extend  194 

littoral  proprietors  on  Delaware  River,  may  own 202 

lines  of,  Harbor  Commissioners  to  fix 185 

lines  of  (new)    198 

lines  of  (present)    193 

market  shed  at  Front  and  Cliiireh  streets 831-832 

public  nuisances,  when   190 

regulations  of  vessels  at 196 

regulation  of  construction  of   188 

regulations  for  leasing  of 919-920 

at  foot  of  Church  street,  resolution  respecting 1033 

French  street    920 

Poplar   street    920 

Shipley  street  920 

Third  and  Fourth  streets 920 

Walnut  street   920 

West  street  920 

offensive  matter,  deposited  on,  prohibited   776 

removal  of  oyster  shells  from 776 

separate  from  main  land  not  allowed  189 

unlawful.  Chancellor  may  enjoin  erection  of 191 

Port  Wardens  may  remove 191 

at  Walnut   street,  leasing   523 

\^TIEELB  ARROWS 

on  sidewalks,  regulations,  respecting  757,  763 

WILLING  STREET 

vacation  of   264 

WILLOW  LANE 

name  of,  changed  to  Franklin  street 1059 

WIKNIINGTOX    (See  Council  and  Respective  Titles  of  Officers  and 
Departments) 

bonds  of,  exempt  from  taxation   484 

corporate  name  or  title  of   28 

fiscal  year  of   74 

Street  and  Sewer  Department   1071 

WILIMINGTON  AND  CHRISTIANA  TURNPIKE  (See  Maryland  Avenue) 
vacation  of   265 


1258  INDEX. 

■V^^LMrN'GTON  AVENUE 

part  of,  vacated 264 

WILMINGTON  OITY  RAILWAY  CO]\IPx\NY 

acts  relating  to    493-498 

authorized  to  construct  a  railway 493 

commencement  of  493 

charter  perpetual   497-498 

condemnation  proceedings  by   496-497 

general  powers  of   494-497,  498 

fare  of,  for  one  continuous  ride  not  to  exceed  five  cents 498 

to  pave  and  keep  in  repair,  between  tracks  and  three  feet  on  each 

side   498 

penalty  for  one  obstructing  or  damaging  property  of 497 

steam  power,  not  to  be  used  by,  without  consent  of  Ck)uncil  (now 

Street  and  Sewer  Department)   494 

track  or  wires  not  to  be  laid  without  consent  of  duly  authorized 

authorities  of  City  or  county 498 

tracks,  where  to  be  laid   493 

uot  to  be  laid  256,  508,  509 

WILMINGTON  COAL  GAS  COMPANY 

acts  relating  to   519-520 

WILMINGTON  INSTITUTE 

(See  Free  Library,  Young  Men's  Association  for  Mutual  Improvement) 

appropriation  to,  for  department  of  the  blind 985 

from  Board  of  Public  Education 437 

Council  may  enter  into  contracts  with 527,  985 

exemption  of,  from  taxation 526 

Mayor  requested  to  make  contracts  with 984 

WILMINGTON  ]\IALLEABLE  IRON  COMPANY 

act  authorizing  use  of  Buttonwood  street  by 209 

WILMINGTON  TURNPHvE 

part  of,  made  public   256 

WINDOWS 

bulk,  &c.,  projecting  over  sidewalk,  regulation  of 760,  859, 1013 

oriel  and  bay,  regulation  of  projection  of 859, 1013 

^\^RES 

of  fire  alarm  system,  penalty  for  damaging   633 


INDEX. 


1259 


^YIRES— (Contiuiied) 

in  public  parks,  consent  of  Park  Commissioners  respecting 170 

regulation  of  heights  of   964 

in  streets,  consent  of  City  respecting  (obsolete) 254 

underground,  powers  of  Council  respecting   (obsolete) 130 

conduits   for    86 

WITNESSES 

attendance  of,  may  be  compelled  by 

City  Solicitor  66 

Council   60-61 

Mayor    ^^ 

Municipal  Court   39 

registration  officers    317 

fees  of,  in  INIunicipal  Court    47,  50,  51 

imclaimed  fees  of   ^° 

WOMEN 

may  vote  at  school  elections   426 

WOOD  (See  Corders  and  Measurers  of  Wood  and  Bark) 

Council  may  regulate  cording  of 56 

regulations  for  cording  and  measuring  of 584-586 

on  sidewalks,  when  prohibited    743 

WOODEN  BUILDINGS   .See  Frame  Buildings) 

WOOD  STREET  (See  Ninth  Street) 

extension  of   9^1 

name  of,  changed  to  Ninth  street    941-942 

to  Rodney  street 1059 

width  of    ' 933,934 

width  of  sidewalks  of  937 

WOODDALE  AVENUE 

part  of,  vacated 262 

width  and  course  of,  changed  261 

name  of,  changed  to  Van  Buren  street 1059 

WOODLAWN  AVENUE 

removing  parts  of,  from  plan  or  map  of  City 1062 

^\'RECKS 

removal  of  by  port  wardens   101 


1260  INDEX. 

Y 

YARDS 

offensive  or  noisome,  prohibited    774,  788 

YELLOW  FEVER  (See  Contagious  Diseases) 

YOL'NG  ]MEX'S   ASSOCLITIOX   FOR   ilUTUAL   BIPROVEMENT 
(See  Free  Library,  Wilmington  Institute) 527, 529,  530, 531 

YOUNG  WOMEN'S  CHRISTL\N  ASSOCIATION 

property  of,  exempt  from  taxation    491 


z 

ZOOLOGICAL  EXHIBITIONS 

license  fee  for   959 


I  tit.  UrsllVUKMlY  LltSKAKY 
This  book  is  DUE  on  the  last  date  stamped  below 


L-9 
!, '43(5203) 


1545  Wilmington,  Del. 

I^g. Ordinances » etc  • 

1910  The  charter  of 

the  city  of 

miming  ton. 


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A3 

1910 


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